Government Code — Part 8 | GOV — United States — California law | Esheria

Government Code

Part 8 of 107 · provisions 1,401–1,600

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. 12595.

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

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    This section says the act should be interpreted to carry out its general purpose of making the law uniform across states that adopt it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12595. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Repealed and added by Stats. 1959, Ch. 1258.)
  2. 12596.

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

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    The Attorney General may bring certain civil actions related to charitable trusts and related violations within 10 years after the cause of action accrues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12596. (a) A civil action brought by the Attorney General against trustees or other persons holding property in trust for charitable purposes or against any charitable corporation or any director or officer thereof to enforce a charitable trust or to impress property with a trust for charitable purposes or to recover property or the proceeds thereof for and on behalf of any charitable trust or corporation, may be brought at any time within 10 years after the cause of action accrued. (b) A civil action brought by the Attorney General for a violation of this article, pursuant to Section 2223 or 2224 of the Civil Code, or pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code, may be brought at any time within 10 years after the cause of action accrued. (c) Notwithstanding Section 12581, the Attorney General may bring a civil action against a person who aids or abets a violation of this article, Section 2223 or 2224 of the Civil Code, or Article 3 (commencing with Section 5230) of Chapter 2 of Part 2 of Division 2 of Title 1 of the Corporations Code, at any time within 10 years after the cause of action accrued. (Amended by Stats. 2015, Ch. 299, Sec. 3. (AB 556) Effective January 1, 2016.)
  3. 12597.

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

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    If the Attorney General brings a compliance proceeding under these sections or related regulations and the state wins, the responsible person for the charitable trust or charitable corporation must pay the state’s reasonable investigation and prosecution expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12597. In any proceeding brought by the Attorney General to secure compliance with the provisions of Sections 12584 to 12587, inclusive, or any regulation issued pursuant thereto, the judgment, if in favor of the state, shall provide that the person having the responsibility or duty to comply with such provisions on behalf of any charitable trust or charitable corporation, shall pay the reasonable expense necessarily incurred by the state in the investigation and prosecution of such action. (Added by Stats. 1969, Ch. 490.)
  4. 12598.

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

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    The Attorney General oversees charitable trusts and related compliance, may enforce registration rules, can recover fees and costs in enforcement actions, and may refuse, revoke, or suspend registration for violations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12598. (a) The primary responsibility for supervising charitable trusts in California, for ensuring compliance with trusts and articles of incorporation, and for protection of assets held by charitable trusts and public benefit corporations, resides in the Attorney General. The Attorney General has broad powers under common law and California statutory law to carry out these charitable trust enforcement responsibilities. These powers include, but are not limited to, charitable trust enforcement actions under all of the following: (1) This article. (2) Title 8 (commencing with Section 2223) of Part 4 of Division 3 of the Civil Code. (3) Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code. (4) Sections 8111, 11703, 15004, 15409, 15680 to 15685, inclusive, 16060 to 16062, inclusive, 16064, and 17200 to 17210, inclusive, of the Probate Code. (5) Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, and Sections 17500 and 17535 of the Business and Professions Code. (6) Sections 319, 326.5, and 532d of the Penal Code. (b) The Attorney General shall be entitled to recover from defendants named in a charitable trust enforcement action all reasonable attorney’s fees and actual costs incurred in conducting that action, including, but not limited to, the costs of auditors, consultants, and experts employed or retained to assist with the investigation, preparation, and presentation in court of the charitable trust enforcement action. (c) Attorney’s fees and costs shall be recovered by the Attorney General pursuant to court order. When awarding attorney’s fees and costs, the court shall order that the attorney’s fees and costs be paid by the charitable organization and the individuals named as defendants in or otherwise subject to the action, in a manner that the court finds to be equitable and fair. (d) Upon a finding by the court that a lawsuit filed by the Attorney General was frivolous or brought in bad faith, the court may award the defendant charity the costs of that action. (e) (1) The Attorney General may refuse to register or may revoke or suspend the registration of a charitable corporation or trustee, commercial fundraiser, fundraising counsel, coventurer, charitable fundraising platform, or platform charity whenever the Attorney General finds that the charitable corporation or trustee, commercial fundraiser, fundraising counsel, coventurer, charitable fundraising platform, or platform charity has violated or is operating in violation of any provision of this article. (2) All actions of the Attorney General shall be taken subject to the rights authorized pursuant to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2. (f) This section shall become operative on January 1, 2023. (Repealed (in Sec. 7) and added by Stats. 2021, Ch. 616, Sec. 8. (AB 488) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  5. 12599.

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

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    Commercial fundraisers for charitable purposes must register, renew, file reports, and disclose required information, and they may not solicit if they have not complied.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599. (a) “Commercial fundraiser for charitable purposes” means any individual, corporation, unincorporated association, or other legal entity who for compensation does any of the following: (1) Solicits funds, assets, or property in this state for charitable purposes. (2) As a result of a solicitation of funds, assets, or property in this state for charitable purposes, receives or controls the funds, assets, or property solicited for charitable purposes. (3) Employs, procures, or engages any compensated person to solicit, receive, or control funds, assets, or property for charitable purposes. (4) Plans, manages, advises, counsels, consults, or prepares material for, or with respect to, the solicitation in this state of funds, assets, or property for charitable purposes, but is disqualified as a fundraising counsel for charitable purposes pursuant to subdivision (a) of Section 12599.1. (5) Uses the internet to provide an internet website, service, or other platform to persons in this state, and performs, permits, or otherwise enables acts of solicitation to occur as specified in paragraph (1) of subdivision (a) of Section 12599.9, but is disqualified as a charitable fundraising platform pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 12599.9. A commercial fundraiser for charitable purposes shall include any person, association of persons, corporation, or other entity that obtains a majority of its inventory for sale by the purchase, receipt, or control for resale to the general public, of salvageable personal property solicited by an organization qualified to solicit donations pursuant to Section 148.3 of the Welfare and Institutions Code. A commercial fundraiser for charitable purposes shall not include a “trustee” as defined in Section 12582 or 12583, a “charitable corporation” as defined in Section 12582.1, or any employee thereof. A commercial fundraiser for charitable purposes shall not include a “charitable fundraising platform” as defined in paragraph (1) of subdivision (a) of Section 12599.9, that is not disqualified as a charitable fundraising platform pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 12599.9. A commercial fundraiser for charitable purposes shall not include an individual who is employed by or under the control of a commercial fundraiser for charitable purposes registered with the Attorney General. A commercial fundraiser for charitable purposes shall not include any federally insured financial institution that holds, as a depository, funds received as a result of a solicitation for charitable purposes, or an escrow agent or caging company that receives or controls funds received as a result of a solicitation for charitable purposes. For purposes of this section, a caging company is a business that receives contributions, processes donor mail, and deposits all contributions to an account under the sole control of the charitable organization. As used in this section, “charitable purposes” includes any solicitation in which the name of any organization of law enforcement personnel, firefighters, or other persons who protect the public safety is used or referred to as an inducement for transferring any funds, assets, or property, unless the only expressed or implied purpose of the solicitation is for the sole benefit of the actual active membership of the organization. (b) A commercial fundraiser for charitable purposes shall, prior to soliciting any funds, assets, or property, including salvageable personal property, in California for charitable purposes, or prior to receiving and controlling any funds, assets, or property, including salvageable personal property, as a result of a solicitation in this state for charitable purposes, register with the Attorney General’s Registry of Charities and Fundraisers on a registration form provided by the Attorney General. Renewals of registration shall be filed with the Registry of Charities and Fundraisers by January 15 of each calendar year in which the commercial fundraiser for charitable purposes does business and shall be effective for one year. A registration or renewal fee of two hundred dollars ($200) shall be required for registration of a commercial fundraiser for charitable purposes, and shall be payable by certified or cashier’s check to the Attorney General’s Registry of Charities and Fundraisers at the time of registration or renewal. The Attorney General may adjust the annual registration or renewal fee, or means of payment, as needed pursuant to this section. The Attorney General’s Registry of Charities and Fundraisers may grant extensions of time to file annual registration as required, pursuant to subdivision (b) of Section 12586. No separate fee shall be charged by the Attorney General for electronic registration, electronic renewal, or electronic repayment of fees. (c) A commercial fundraiser for charitable purposes shall file with the Attorney General’s Registry of Charities and Fundraisers an annual financial report on a form provided by the Attorney General, accounting for all funds collected pursuant to any solicitation for charitable purposes during the preceding calendar year. The annual financial report shall be filed with the Attorney General’s Registry of Charities and Fundraisers no later than 30 days after the close of the preceding calendar year. (d) The contents of the forms for annual registration and annual financial reporting by commercial fundraisers for charitable purposes shall be established by the Attorney General in a manner consistent with the procedures set forth in subdivisions (a) and (b) of Section 12586. The annual financial report shall require a detailed, itemized accounting of funds, assets, or property, solicited for charitable purposes on behalf of each charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code or for each charitable purpose during the accounting period, and shall include, among other data, the following information for funds, assets, or property, solicited by the commercial fundraiser for charitable purposes: (1) Total revenue. (2) The fee or commission charged by the commercial fundraiser for charitable purposes. (3) Salaries paid by the commercial fundraiser for charitable purposes to its officers and employees. (4) Fundraising expenses. (5) Distributions to the identified charitable organization or purpose. (6) The names and addresses of any director, officer, or employee of the commercial fundraiser for charitable purposes who is a director, officer, or employee of any charitable organization listed in the annual financial report. (e) A commercial fundraiser for charitable purposes that obtains a majority of its inventory for sale by the purchase, receipt, or control for resale to the general public, of salvageable personal property solicited by an organization qualified to solicit donations pursuant to Section 148.3 of the Welfare and Institutions Code shall file with the Attorney General’s Registry of Charities and Fundraisers, and not with the sheriff of any county, an annual financial report on a form provided by the Attorney General that is separate and distinct from forms filed by other commercial fundraisers for charitable purposes pursuant to subdivisions (c) and (d). (f) It shall be unlawful for any commercial fundraiser for charitable purposes to solicit funds in this state for charitable purposes unless the commercial fundraiser for charitable purposes has complied with the registration or annual renewal and financial reporting requirements of this article. Failure to comply with these registration or annual renewal and financial reporting requirements shall be grounds for injunction against solicitation in this state for charitable purposes and other civil remedies provided by law. (g) A commercial fundraiser for charitable purposes is a constructive trustee for charitable purposes as to all funds collected pursuant to solicitation for charitable purposes and shall account to the Attorney General for all funds. A commercial fundraiser for charitable purposes is subject to the Attorney General’s supervision and enforcement over charitable funds and assets to the same extent as a trustee for charitable purposes under this article. (h) Not less than 10 working days prior to the commencement of each solicitation campaign, event, or service, or not later than commencement of solicitation for solicitations to aid victims of emergency hardship or disasters, a commercial fundraiser for charitable purposes shall file with the Attorney General’s Registry of Charities and Fundraisers a notice on a form prescribed by the Attorney General that sets forth all of the following: (1) The name, address, and telephone number of the commercial fundraiser for charitable purposes. (2) The name, address, and telephone number of the charitable organization with whom the commercial fundraiser has contracted. (3) The fundraising methods to be used. (4) The projected dates when performance under the contract will commence and terminate. (5) The name, address, and telephone number of the person responsible for directing and supervising the work of the commercial fundraiser under the contract. (i) There shall be a written contract between a commercial fundraiser for charitable purposes and a charitable organization for each solicitation campaign, event, or service, that shall be signed by the authorized contracting officer for the commercial fundraiser and by an official of the charitable organization who is authorized to sign by the organization’s governing body. The contract shall be available for inspection by the Attorney General and shall contain all of the following provisions: (1) The legal name and address of the charitable organization as registered with the Attorney General’s Registry of Charities and Fundraisers, unless the charitable organization is exempt from registration. (2) A statement of the charitable purpose for which the solicitation campaign, event, or service is being conducted. (3) A statement of the respective obligations of the commercial fundraiser and the charitable organization. (4) If the commercial fundraiser is to be paid a fixed fee, a statement of the fee to be paid to the commercial fundraiser and a good faith estimate of what percentage the fee will constitute of the total contributions received. The contract shall clearly disclose the assumptions upon which the estimate is based, and the stated assumptions shall be based upon all of the relevant facts known to the commercial fundraiser regarding the solicitation to be conducted by the commercial fundraiser. (5) If a percentage fee is to be paid to the commercial fundraiser, a statement of the percentage of the total contributions received that will be remitted to or retained by the charitable organization, or, if the solicitation involves the sale of goods or services or the sale of admissions to a fundraising event, the percentage of the purchase price that will be remitted to the charitable organization. The stated percentage shall be calculated by subtracting from contributions received and sales receipts not only the commercial fundraiser’s fee, but also any additional amounts that the charitable organization is obligated to pay as fundraising costs. (6) The effective and termination dates of the contract and the date solicitation activity is to commence within the state. (7) A provision that requires that each contribution in the control or custody of the commercial fundraiser shall in its entirety and within five working days of its receipt comply with either of the following: (A) Be deposited in an account at a bank or other federally insured financial institution that is solely in the name of the charitable organization and over which the charitable organization has sole control of withdrawals. (B) Be delivered to the charitable organization in person, by United States express mail, or by another method of delivery providing for overnight delivery. (8) A statement that the charitable organization exercises control and approval over the content and frequency of any solicitation. (9) If the commercial fundraiser proposes to make any payment in cash or in kind to any person or legal entity to secure any person’s attendance at, or sponsorship, approval, or endorsement of, a charity fundraising event, the maximum dollar amount of those payments shall be set forth in the contract. “Charity fundraising event” means any gathering of persons, including, but not limited to, a party, banquet, concert, or show, that is held for the purpose or claimed purpose of raising funds for any charitable purpose or organization. (10) A provision that includes all of the following statements: (A) The charitable organization has the right to cancel the contract without cost, penalty, or liability for a period of 10 days following the date on which the contract is executed. (B) The charitable organization may cancel the contract by serving a written notice of cancellation on the commercial fundraiser. (C) If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon the expiration of five calendar days from the date of mailing. (D) Any funds collected after effective notice that the contract has been canceled shall be deemed to be held in trust for the benefit of the charitable organization without deduction for costs or expenses of any nature. (E) The charitable organization shall be entitled to recover all funds collected after the date of cancellation. (11) A provision that includes all of the following statements: (A) Following the initial 10-day cancellation period, the charitable organization may terminate the contract by giving 30 days’ written notice. (B) If mailed, service of the notice shall be by certified mail, return receipt requested, and shall be deemed effective upon the expiration of five calendar days from the date of mailing. (C) In the event of termination under this subdivision, the charitable organization shall be liable for services provided by the commercial fundraiser up to 30 days after the effective service of the notice. (12) A provision that, following the initial 10-day cancellation period, the charitable organization may terminate the contract at any time upon written notice, without payment or compensation of any kind to the commercial fundraiser, if the commercial fundraiser or its agents, employees, or representatives do any of the following: (A) Make any material misrepresentations in the course of solicitations or with respect to the charitable organization. (B) Are found by the charitable organization to have been convicted of a crime arising from the conduct of a solicitation for a charitable organization or purpose punishable as a misdemeanor or a felony. (C) Otherwise conduct fundraising activities in a manner that causes or could cause public disparagement of the charitable organization’s good name or good will. (13) Any other information required by the regulations of the Attorney General. (j) It shall be unlawful for a commercial fundraiser for charitable purposes to not disclose the percentage of total fundraising expenses of the fundraiser upon receiving a written or oral request from a person solicited for a contribution for a charitable purpose. “Percentage of total fundraising expenses,” as used in this section, means the ratio of the total expenses of the fundraiser to the total revenue received by the fundraiser for the charitable purpose for which funds are being solicited, as reported on the most recent financial report filed with the Attorney General’s Registry of Charities and Fundraisers. A commercial fundraiser shall disclose this information in writing within five working days from receipt of a request by mail or facsimile. A commercial fundraiser shall orally disclose this information immediately upon a request made in person or in a telephone conversation and shall follow this response with a written disclosure within five working days. Failure to comply with the requirements of this subdivision shall be grounds for an injunction against solicitation in this state for charitable purposes and other civil remedies provided by law. (k) If the Attorney General issues a report to the public containing information obtained from registration forms or financial report forms filed by commercial fundraisers for charitable purposes, there shall be a separate section concerning commercial fundraisers for charitable purposes that obtain a majority of their inventory for sale by the purchase, receipt, or control for resale to the general public, of salvageable personal property solicited by an organization qualified to solicit donations pursuant to Section 148.3 of the Welfare and Institutions Code. The report shall include an explanation of the distinctions between these thrift store operations and other types of commercial fundraising. (l) No person may act as a commercial fundraiser for charitable purposes if that person, any officer or director of that person’s business, any person with a controlling interest in the business, or any person the commercial fundraiser employs, engages, or procures to solicit for compensation, has been convicted by a court of any state or the United States of a crime arising from the conduct of a solicitation for a charitable organization or purpose punishable as a misdemeanor or felony. (m) A commercial fundraiser for charitable purposes shall not solicit in the state on behalf of a charitable organization unless that charitable organization is registered or is exempt from registration with the Attorney General’s Registry of Charities and Fundraisers. (n) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Amended by Stats. 2023, Ch. 478, Sec. 30. (AB 1756) Effective January 1, 2024.)
  6. 12599.1.

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

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    Fundraising counsel for charitable purposes must register, renew annually, file required notices and reports, and use a written contract with required terms before performing covered solicitation-related services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.1. (a) “Fundraising counsel for charitable purposes” is defined as any individual, corporation, unincorporated association, or other legal entity who is described by all of the following: (1) For compensation, other than as a percentage of the funds, assets, or property received as a result of a solicitation campaign, plans, manages, advises, counsels, consults, or prepares material for, or with respect to, the solicitation in this state of funds, assets, or property for charitable purposes. (2) Does not solicit funds, assets, or property for charitable purposes. (3) Does not receive or control funds, assets, or property solicited for charitable purposes in this state. An individual, corporation, unincorporated association, or other legal entity is deemed to receive or control funds, assets, or property if any of the following apply: (A) It has the right to approve or veto any payment from an escrow account to which funds received from a solicitation for charitable purposes are subject. (B) It maintains an interest in an account into which solicited funds are deposited. (C) It has the right to access funds, assets, or property received from a solicitation for charitable purposes and held by a caging company. (D) It has any ownership or management interest in any other entity that receives or controls the funds, assets, or property solicited for charitable purposes, including, but not limited to, an escrow agent or caging company, but not including any federally insured financial institution. (E) It receives any financial benefit, directly or indirectly, from any other individual or entity that receives or controls the funds, assets, or property solicited for charitable purposes, other than the trustee or charitable corporation soliciting the funds, assets, or property for charitable purposes. (4) Does not employ, procure, or engage any compensated person to solicit, receive, or control funds, assets, or property for charitable purposes. Any individual, corporation, unincorporated association, or other legal entity who, for compensation, plans, manages, advises, counsels, consults, or prepares material for, or with respect to, the solicitation in this state of funds, assets, or property for charitable purposes, but does not meet the qualifications of a fundraising counsel for charitable purposes in this subdivision, shall be deemed to be a commercial fundraiser for charitable purposes as described in subdivision (a) of Section 12599, unless excluded by that section. A commercial fundraiser for charitable purposes shall not include a “trustee” as defined in Section 12582 or 12583, a “charitable corporation” as defined in Section 12582.1, or any employee thereof. A commercial fundraiser for charitable purposes shall not include an individual who is employed by or under the control of a commercial fundraiser for charitable purposes registered with the Attorney General. A commercial fundraiser for charitable purposes shall not include any federally insured financial institution that holds, as a depository, funds received as a result of a solicitation for charitable purposes, or an escrow agent or caging company that receives or controls funds received as a result of a solicitation for charitable purposes. For purposes of this section, a caging company is a business that receives contributions, processes donor mail, and deposits all contributions into an account under the sole control of the charitable organization. (b) “Fundraising counsel for charitable purposes” does not include any of the following: (1) An attorney, investment counselor, or banker who in the conduct of that person’s profession advises a client when actually engaged in the giving of legal, investment, or financial advice. (2) A trustee as defined in Section 12582 or 12583. (3) A charitable corporation as defined in Section 12582.1, or any employee thereof. (4) A person employed by or under the control of a fundraising counsel for charitable purposes, as defined in subdivision (a). (5) A person, corporation, or other legal entity, engaged as an independent contractor directly by a trustee or a charitable corporation, that prints, reproduces, or distributes written materials prepared by a trustee, a charitable corporation, or any employee thereof, or that performs artistic or graphic services with respect to written materials prepared by a trustee, a charitable corporation, or any employee thereof, provided that the independent contractor does not perform any of the activities described in paragraph (1) of subdivision (a). (6) A person whose total annual gross compensation for performing any activity described in paragraph (1) of subdivision (a) does not exceed twenty-five thousand dollars ($25,000). (7) A person or entity that meets the definition of both a fundraising counsel for charitable purposes and a charitable fundraising platform as defined in paragraph (1) of subdivision (a) of Section 12599.9 is disqualified as a fundraising counsel for charitable purposes, and shall only be a charitable fundraising platform. (c) A fundraising counsel for charitable purposes shall, prior to managing, advising, counseling, consulting, or preparing material for, or with respect to, the solicitation in this state of funds, assets, or property for charitable purposes, register with the Attorney General’s Registry of Charities and Fundraisers on a registration form provided by the Attorney General. Renewals of registration shall be filed with the Attorney General’s Registry of Charities and Fundraisers by January 15 of each calendar year in which the fundraising counsel for charitable purposes does business and shall be effective for one year. A registration or renewal fee of two hundred dollars ($200) shall be required for registration of a fundraising counsel for charitable purposes, and shall be payable by certified or cashier’s check to the Attorney General’s Registry of Charities and Fundraisers at the time of registration and renewal. The Attorney General may adjust the annual registration or renewal fee, or means of payment, as needed pursuant to this section. The Attorney General’s Registry of Charities and Fundraisers may grant extensions of time to file annual registration as required, pursuant to subdivision (b) of Section 12586. (d) A fundraising counsel for charitable purposes shall file annually with the Attorney General’s Registry of Charities and Fundraisers on a form provided by the Attorney General, a report listing each person, corporation, unincorporated association, or other legal entity for whom the fundraising counsel has performed any services described in paragraph (1) of subdivision (a), and a statement certifying that the fundraising counsel had a written contract with each listed person, corporation, unincorporated association, or other legal entity that complied with the requirements of subdivision (f). (e) Not less than 10 working days prior to the commencement of the performance of any service for a charitable organization by a fundraising counsel for charitable purposes, or not later than commencement of solicitation for solicitations to aid victims of emergency hardship or disasters, the fundraising counsel shall file with the Attorney General’s Registry of Charities and Fundraisers a notice on a form prescribed by the Attorney General that sets forth all of the following: (1) The name, address, and telephone number of the fundraising counsel for charitable purposes. (2) The name, address, and telephone number of the charitable organization with whom the fundraising counsel has contracted. (3) The projected dates when performance under the contract will commence and terminate. (4) The name, address, and telephone number of the person responsible for directing and supervising the work of the fundraising counsel under the contract. (f) There shall be a written contract between a fundraising counsel for charitable purposes and a charitable organization for each service to be performed by the fundraising counsel for the charitable organization, that shall be signed by the authorized contracting officer for the fundraising counsel and by an official of the charitable organization who is authorized to sign by the organization’s governing body. The contract shall be available for inspection by the Attorney General and shall contain all of the following provisions: (1) The legal name and address of the charitable organization as registered with the Attorney General’s Registry of Charities and Fundraisers unless the charitable organization is exempt from registration. (2) A statement of the charitable purpose for which the solicitation campaign is being conducted. (3) A statement of the respective obligations of the fundraising counsel and the charitable organization. (4) A clear statement of the fees and any other form of compensation, including commissions and property, that will be paid to the fundraising counsel. (5) The effective and termination dates of the contract and the date services will commence with respect to solicitation in this state of contributions for a charitable organization. (6) A statement that the fundraising counsel will not at any time solicit funds, assets, or property for charitable purposes, receive or control funds, assets, or property solicited for charitable purposes, or employ, procure, or engage any compensated person to solicit, receive, or control funds, assets, or property for charitable purposes. (7) A statement that the charitable organization exercises control and approval over the content and frequency of any solicitation. (8) A provision that includes all of the following statements: (A) The charitable organization has the right to cancel the contract without cost, penalty, or liability for a period of 10 days following the date on which the contract is executed. (B) The charitable organization may cancel the contract by serving a written notice of cancellation on the fundraising counsel. (C) If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon the expiration of five calendar days from the date of mailing. (9) A provision that includes all of the following statements: (A) Following the initial 10-day cancellation period, the charitable organization may terminate the contract by giving 30 days’ written notice. (B) If mailed, service of the notice shall be by certified mail, return receipt requested, and shall be deemed effective upon the expiration of five calendar days from the date of mailing. (C) In the event of termination under this subdivision, the charitable organization shall be liable for services provided by the fundraising counsel to the effective date of the termination. (10) Any other information required by the regulations of the Attorney General. (g) It shall be unlawful for any fundraising counsel for charitable purposes to manage, advise, counsel, consult, or prepare material for, or with respect to, the solicitation in this state of funds, assets, or property for charitable purposes unless the fundraising counsel for charitable purposes has complied with the registration or annual renewal and financial reporting requirements of this article. (h) A fundraising counsel for charitable purposes is subject to the Attorney General’s supervision and enforcement to the same extent as a trustee for charitable purposes under this article. (i) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or application of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Amended by Stats. 2023, Ch. 478, Sec. 31. (AB 1756) Effective January 1, 2024.)
  7. 12599.10.

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

    Verify source ↗

    The Attorney General must make rules and regulations for administering Section 12599.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.10. (a) The Attorney General shall establish rules and regulations necessary for the administration of Section 12599.9, which shall include, but are not limited to, all of the following: (1) The additional acts of solicitation that meet the definition of a charitable fundraising platform or platform charity, as needed, in order to address changes in technology and charitable fundraising through platforms. (2) The content of the form and other information to be provided by a charitable fundraising platform for registration and in annual reports filed with the Attorney General’s Registry of Charitable Trusts, including all of the following: (A) The manner and timing of the filing of registration and reports. (B) The handling of confidential, trade secret, or personal information provided. (C) The circumstances under which partnering charitable fundraising platforms or platform charities may submit an annual report on behalf of other charitable fundraising platforms, taking into consideration the benefits and expenses of submitting individual reports for charitable fundraising platforms as compared to consolidated reports for charitable fundraising platforms that partner with platform charities. (D) The payment of fees to cover the reasonable costs to administer and enforce Section 12599.9. (3) The requirements for any written agreement between a recipient charitable organization and a charitable fundraising platform or a platform charity that provides consent for or otherwise applies to solicitations for donations, including permitting those agreements to be entered into electronically. (4) The requirements for holding donations or distributing donations and grants of recommended donations, including all of the following: (A) (i) The maximum length of times it takes to send the donated funds, taking into consideration the acts of solicitation described in paragraph (1) of subdivision (a), the number of donations made through a charitable fundraising platform or platform charity, whether donations are made to the charitable fundraising platform, platform charity, recipient charitable organizations, other charitable organizations, or persons engaging in peer-to-peer charitable fundraising, whether the recipient charitable organization has provided consent for a solicitation, whether further verification information is requested to prevent fraud, and whether donations are sent to alternate recipient charitable organizations. (ii) For charitable fundraising platforms as defined in subparagraph (C) or (D) of paragraph (1) of subdivision (a) of Section 12599.9, the length of time to send donations or grants of recommended donations to the recipient charitable organization shall be no less than on a quarterly basis and subject to any minimum amounts, not to exceed ten dollars ($10), as disclosed pursuant to paragraphs (2) and (3) of subdivision (e) of Section 12599.9. Regardless of the minimum amount, donations or grants of recommended donations to the recipient charitable organization shall be sent after four consecutive quarters, unless the recipient charitable organization is not eligible to receive the funds, as disclosed pursuant to paragraphs (2) and (3) of subdivision (e) of Section 12599.9. (B) The circumstances under which donors or persons may be contacted to provide alternate recipient charitable organizations or notified when the donated funds are sent. (C) The circumstances when donor or personal information may be provided to recipient charitable organizations. (b) This section shall become operative on January 1, 2022. (Added by Stats. 2021, Ch. 616, Sec. 18. (AB 488) Effective January 1, 2022.)
  8. 12599.2.

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

    Verify source ↗

    A commercial coventurer must meet contract, transfer, and accounting conditions to avoid Attorney General registration and periodic reporting; otherwise it must register and report, and it must pay a $200 annual registration or renewal fee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.2. (a) “Commercial coventurer” is defined as any person or entity who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with the raising of funds, assets, or property for charitable organizations or charitable purposes, and who represents to the public that the purchase or use of any goods, services, entertainment, or any other thing of value will benefit a charitable organization or will be used for a charitable purpose. A person or entity that meets the definition of both a commercial coventurer and a charitable fundraising platform under subparagraph (A), (B), (C), or (E) of paragraph (1) of subdivision (a) of Section 12599.9 shall be only a charitable fundraising platform. A person or entity that meets the definition of both a commercial coventurer and a charitable fundraising platform solely under subparagraph (D) of paragraph (1) of subdivision (a) of Section 12599.9 shall be only a commercial coventurer when the acts of solicitation through an internet website, service, or other platform to persons in this state are for six or fewer recipient charitable organizations per calendar year, and the commercial coventurer complies with subdivision (b). Otherwise, this person or entity shall only be a charitable fundraising platform. (b) A commercial coventurer is a trustee as defined in Section 12582. Notwithstanding the requirements of Sections 12585 and 12586, a commercial coventurer is not required to register or file periodic reports with the Attorney General provided that the commercial coventurer: (1) Has a written contract with a trustee or charitable corporation subject to this article, signed by two officers of the trustee or charitable corporation, prior to representing to the public that the purchase or use of any goods, services, entertainment, or any other thing of value will benefit the trustee or charitable corporation or will be used for a charitable purpose. (2) Within 90 days after commencement of those representations, and at the end of each successive 90-day period during which the representations are made, transfers to that trustee or charitable corporation subject to this article all funds, assets, or property received as a result of the representations. (3) Provides in conjunction with each transfer required by paragraph (2) a written accounting to the trustee or charitable corporation subject to this article of all funds, assets, or property received sufficient to enable the trustee or charitable corporation (A) to determine that representations made to the public on its behalf have been adhered to accurately and completely, and (B) to prepare its periodic report filed with the Attorney General pursuant to Section 12586. (c) A commercial coventurer that does not meet the requirements of paragraphs (1), (2), and (3) of subdivision (b) shall register and report to the Attorney General on forms required by the Attorney General. An annual registration or renewal fee of two hundred dollars ($200) shall be required for registration or renewal of registration of a commercial coventurer, and shall be payable by certified or cashier’s check to the Attorney General’s Registry of Charities and Fundraisers at the time of registration or renewal. The Attorney General may adjust the annual registration or renewal fee, or means of payment, as needed pursuant to this section. (Amended by Stats. 2023, Ch. 478, Sec. 32. (AB 1756) Effective January 1, 2024.)
  9. 12599.3.

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

    Verify source ↗

    A charitable organization can cancel or later terminate certain fundraising contracts, but the fundraiser must be registered before solicitation starts, and cancellation notices must be sent to the Attorney General registry.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.3. (a) A contract between a charitable organization and a commercial fundraiser for charitable purposes or fundraising counsel for charitable purposes shall be voidable by the charitable organization unless the commercial fundraiser or the fundraising counsel is registered with the Attorney General’s Registry of Charities and Fundraisers prior to the commencement of the solicitation. (b) Whenever a charitable organization contracts with a commercial fundraiser for charitable purposes or fundraising counsel for charitable purposes, the charitable organization shall have the right to cancel the contract without cost, penalty, or liability for a period of 10 days following the date on which the contract is executed. Any provision in the contract that is intended to waive this right of cancellation shall be void and unenforceable. (c) A charitable organization may cancel a contract pursuant to subdivision (b) by serving a written notice of cancellation on the fundraising counsel or commercial fundraiser. If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon the expiration of five calendar days from the date of mailing. The notice shall be sufficient if it indicates that the charitable organization does not intend to be bound by the contract. (d) Whenever a charitable organization cancels a contract pursuant to this section, it shall mail a duplicate copy of the notice of cancellation to the Attorney General’s Registry of Charities and Fundraisers. (e) Any funds collected after effective notice that a contract has been canceled shall be deemed to be held in trust for the benefit of the charitable organization without deduction for costs or expenses of any nature. A charitable organization shall be entitled to recover all funds collected after the date of cancellation. (f) Following the initial 10-day cancellation period, a charitable organization may terminate a contract with a commercial fundraiser for charitable purposes or a fundraising counsel for charitable purposes by giving 30 days’ written notice. If mailed, service of the notice shall be by certified mail, return receipt requested, and shall be deemed effective upon the expiration of five calendar days from the date of mailing. In the event of termination under this subdivision, the charitable organization shall be liable for services provided by the commercial fundraiser or fundraising counsel up to 30 days after the effective service of the notice. (g) Following the initial 10-day cancellation period, a charitable organization may terminate at any time upon written notice a contract with a commercial fundraiser for charitable purposes or a fundraising counsel for charitable purposes, without payment or compensation of any kind to the commercial fundraiser or fundraising counsel, if the commercial fundraiser or the fundraising counsel, or their agents, employees, or representatives (1) make any material misrepresentations in the course of solicitations or with respect to the charitable organization, (2) are found by the charitable organization to have been convicted of a crime arising from the conduct of a solicitation for a charitable organization or purpose that is punishable as a felony or misdemeanor, or (3) otherwise conduct fundraising activities in a manner that causes or could cause public disparagement of the charitable organization’s good name or good will. (Amended by Stats. 2023, Ch. 478, Sec. 33. (AB 1756) Effective January 1, 2024.)
  10. 12599.5.

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

    Verify source ↗

    Applications for registration or renewal must be accompanied by a $25,000 cash deposit or surety bond acceptable to the Attorney General.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.5. Each application for registration or renewal of registration under subdivision (b) of Section 12599 shall be accompanied by a cash deposit or by a bond issued by an admitted surety in favor of the State of California and in a form acceptable to the Attorney General. The cash deposit or bond shall be in the amount of twenty-five thousand dollars ($25,000) and shall be for the benefit of any person damaged as a result of malfeasance or misfeasance in the conduct of the activities specified in subdivision (a) of Section 12599. The bond may be in the form of a rider to a larger blanket liability bond. (Added by Stats. 1991, Ch. 569, Sec. 1.)
  11. 12599.6.

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

    Verify source ↗

    This section restricts charitable solicitations and fundraising practices, requires registration-related conditions before working with fundraisers or other charities, and sets disclosure, handling, and anti-misrepresentation rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.6. (a) Charitable organizations and commercial fundraisers for charitable purposes shall not misrepresent the purpose of the charitable organization or the nature or purpose or beneficiary of a solicitation. A misrepresentation may be accomplished by words or conduct or failure to disclose a material fact. (b) A charitable organization shall establish and exercise control over its fundraising activities conducted for its benefit, including approval of all written contracts and agreements, and shall ensure that fundraising activities are conducted without coercion. (c) A charitable organization shall not enter into any contract or agreement with, or employ, any commercial fundraiser for charitable purposes or fundraising counsel for charitable purposes unless that commercial fundraiser or fundraising counsel is registered with the Attorney General’s Registry of Charities and Fundraisers or, if not registered, agrees to register prior to the commencement of any solicitation. (d) A charitable organization shall not enter into any contract or agreement with, or raise any funds for, any charitable organization required to be registered pursuant to this act unless that charitable organization is registered with the Attorney General’s Registry of Charities and Fundraisers or, if not registered, agrees to register prior to the commencement of the solicitation. (e) Each contribution in the control or custody of a commercial fundraiser for charitable purposes shall in its entirety and within five working days of receipt (1) be deposited in an account at a bank or other federally insured financial institution that is solely in the name of the charitable organization on whose behalf the contribution was solicited and over which the charitable organization has sole control of withdrawals or, (2) be delivered to the charitable organization in person, by Express Mail, or by another method of delivery providing for overnight delivery. (f) Regardless of injury, the following acts and practices are prohibited in the planning, conduct, or execution of any solicitation or charitable sales promotion: (1) Operating in violation of, or failing to comply with, any of the requirements of this act or regulations or orders of the Attorney General, or soliciting contributions after registration with the Attorney General’s Registry of Charities and Fundraisers has expired or has been suspended or revoked. (2) Using any unfair or deceptive acts or practices or engaging in any fraudulent conduct that creates a likelihood of confusion or misunderstanding. (3) Using any name, symbol, emblem, statement, or other material stating, suggesting, or implying to a reasonable person that the contribution is to or for the benefit of a particular charitable organization when that is not the fact. (4) Misrepresenting or misleading anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of the solicitation or charitable sales promotion will be used for charitable purposes when that is not the fact. (5) Misrepresenting or misleading anyone in any manner to believe that any other person sponsors, endorses, or approves a charitable solicitation or charitable sales promotion when that person has not given consent in writing to the use of the person’s name for these purposes. Written consent is not needed if the requirements of Section 12599.9 are met. (6) Misrepresenting or misleading anyone in any manner to believe that goods or services have endorsement, sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has endorsement, sponsorship, approval, status, or affiliation that the person does not have. (7) Using or exploiting the fact of registration with the Attorney General’s Registry of Charities and Fundraisers so as to lead any person to believe that the registration in any manner constitutes an endorsement or approval by the Attorney General. The use of the following statement is not prohibited: “The official registration and financial information regarding (insert the legal name of the charity as registered with the Registry of Charities and Fundraisers) can be obtained from the Attorney General’s internet website at https://oag.ca.gov/charities. Registration does not imply endorsement.” (8) Representing directly or by implication that a charitable organization will receive an amount greater than the actual net proceeds reasonably estimated to be retained by the charity for its use. (9) With respect to solicitations by commercial fundraisers for charitable purposes on behalf of law enforcement personnel, firefighters, or other persons who protect the public safety, issuing, offering, giving, delivering, or distributing any honorary membership cards, courtesy cards, or similar cards, or any stickers, emblems, plates, or other items that could be used for display on a motor vehicle, and that suggest affiliation with, or endorsement by, any public safety personnel or a group comprising such personnel. (10) (A) Soliciting for advertising to appear in a for-profit publication that relates to, purports to relate to, or that could reasonably be construed to relate to, any charitable purpose without making the following disclosures at the time of solicitation: (i) The publication is a for-profit, commercial enterprise. (ii) The true name of the solicitor and the fact that the solicitor is a professional solicitor. (iii) The publication is not affiliated with or sponsored by any charitable organization. (B) Where a sale of advertising has been made, the solicitor, prior to accepting any money for the sale, shall make to the purchaser the disclosures required by subparagraph (A) in written form and in conspicuous type. (11) Representing that any part of the contributions solicited will be given or donated to any charitable organization unless that organization has consented in writing to the use of its name prior to the solicitation. The written consent shall be signed by one authorized officer, director, trustee, or other duly authorized representative of the charitable organization. Written consent is not needed if the requirements of Section 12599.9 are met. (12) Representing that tickets to events will be donated for use by another, unless all of the following requirements have been met: (A) The charitable organization or commercial fundraiser has commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept. (B) The donated tickets will not, when combined with other ticket donations, exceed either of the following: (i) The number of ticket commitments the charitable organization or commercial fundraiser has received from charitable organizations. (ii) The total attendance capacity of the site of the event. (g) A person shall not knowingly submit for filing on behalf of any charitable organization any statement, report, financial statement, attachment, or other information to be filed with the Attorney General that contains information, a statement, or an omission that is false or misleading. (h) A ticket commitment from a charitable organization alone, as described in clause (i) of subparagraph (B) of paragraph (12) of subdivision (f), does not constitute written consent to use of the organization’s name in the solicitation campaign. (Amended by Stats. 2023, Ch. 478, Sec. 34. (AB 1756) Effective January 1, 2024.)
  12. 12599.7.

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

    Verify source ↗

    Commercial fundraisers for charitable purposes must keep specified campaign records and make them available for inspection by the Attorney General.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.7. (a) A commercial fundraiser for charitable purposes shall maintain during each solicitation campaign and for not less than 10 years following the completion of each solicitation campaign records, including any electronic records, containing the following information, which shall be available for inspection upon demand by the Attorney General: (1) The date and amount of each contribution received as a result of the solicitation campaign and, for noncash contributions, the name and mailing address of each contributor. (2) The name and residence address of each employee, agent, or other person involved in the solicitation campaign. (3) Records of all revenue received and expenses incurred in the course of the solicitation campaign. (4) For each account into which the commercial fundraiser deposited revenue from the solicitation campaign, the account number and the name and location of the bank or other financial institution in which the account was maintained. (b) If a commercial fundraiser for charitable purposes sells tickets to an event and represents that tickets will be donated for use by another, the commercial fundraiser shall maintain for not less than 10 years following the completion of the event records containing the following information, which shall be available for inspection upon demand by the Attorney General: (1) The number of tickets purchased and donated by each contributor. (2) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. (Added by Stats. 2004, Ch. 919, Sec. 12. Effective January 1, 2005.)
  13. 12599.8.

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

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    A charitable organization with restricted net assets and negative unrestricted net assets must give the Attorney General’s Registry of Charities and Fundraisers an explanation of its charitable trust compliance and proof of directors’ and officers’ liability insurance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.8. For any year that the balance sheet of a charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets, the organization shall provide an explanation of its compliance with its charitable trust responsibilities and proof of directors’ and officers’ liability insurance coverage to the Attorney General’s Registry of Charities and Fundraisers. (Amended by Stats. 2023, Ch. 478, Sec. 35. (AB 1756) Effective January 1, 2024.)
  14. 12599.9.

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

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    Charitable fundraising platforms and platform charities must register, report, disclose key information, and handle donations separately before and during solicitations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12599.9. (a) For purposes of this section: (1) “Charitable fundraising platform” means any person, corporation, unincorporated association, or other legal entity that uses the internet to provide an internet website, service, or other platform to persons in this state, and performs, permits, or otherwise enables acts of solicitation to occur, which includes the following and any similar activity: (A) Lists or references by name one or more recipient charitable organizations to receive donations or grants of recommended donations made by donors who use the platform. (B) Permits persons who use the platform to solicit donations for or recommend donations to be granted to one or more recipient charitable organizations through peer-to-peer charitable fundraising. (C) Permits persons who use the platform to select one or more recipient charitable organizations to receive donations or grants of recommended donations made by a platform, platform charity, or other third party person, based on purchases made or other activity performed by persons who use the platform. (D) Lists or references by name one or more recipient charitable organizations to receive donations or grants of recommended donations made by the platform based on purchases made or other activity performed by persons who use the platform. (E) Provides to charitable organizations a customizable internet-based website, software as a service, or other platform that allows charitable organizations to solicit or receive donations on or through the platform, including through peer-to-peer charitable fundraising. The customizable platform provided by the charitable fundraising platform does not include the charitable organization’s own platform, but may integrate with the charitable organization’s platform. (2) “Charitable fundraising platform” does not include: (A) A charitable organization’s own platform that solicits donations only for itself. (B) A vendor that solely provides technical or supportive services to a charitable fundraising platform so that the charitable fundraising platform can function and operate, including vendors used for hosting or domain services, security certificates, internet access, internet application development, or digital payment processing. If that vendor also performs, permits, or otherwise enables acts of solicitation described by paragraph (1) on its own platform to persons in this state, it is a charitable fundraising platform for its own platform. (C) A sponsoring organization of donor-advised funds, as defined in subdivision (d) of Section 4966 of the Internal Revenue Code, that solicits donors to open donor-advised fund accounts or similar accounts, receives recommendations from donors on charitable organizations that may receive grants of funds previously contributed to the sponsoring organization for a donor’s donor-advised fund account, and the sponsoring organization does not list or reference by name one or more recipient charitable organizations for solicitation purposes on its platform for persons who do not have advisory privileges with respect to the granting of funds in a donor-advised fund of the sponsoring organization. (D) A person or entity that meets the definition of both a commercial fundraiser for charitable purposes and a charitable fundraising platform shall be only a commercial fundraiser for charitable purposes when the person or entity for compensation performs any of the following acts of solicitation: (i) Direct mail solicitation, excluding electronic mail or messages. (ii) Estate gift or estate planning solicitation. (iii) In-person solicitation through a fundraising event, door-to-door or other public spaces, or a vending machine or similar equipment that does not use a person to perform the solicitation. (iv) Noncash solicitation. (v) Nonincidental acts of solicitation that are not internet based, including solicitation through print, radio, or television. (vi) Solicitation involving receiving something of value, or a chance to win something of value, in connection with a donation. (vii) Telephone solicitation. (E) A person or entity that meets the definition of both a commercial coventurer and a charitable fundraising platform solely under subparagraph (D) of paragraph (1) shall be only a commercial coventurer when the acts of solicitation through an internet website, service, or other platform to persons in this state are for six or fewer recipient charitable organizations per calendar year, and the commercial coventurer complies with subdivision (b) of Section 12599.2. (3) “Good standing” means that a platform charity, recipient charitable organization, or other charitable organization’s tax-exempt status has not been revoked by the Internal Revenue Service, or the Franchise Tax Board, or is not prohibited from soliciting or operating in the state by the Attorney General. (4) “Peer-to-peer charitable fundraising” means a solicitation campaign created by a person to support a recipient charitable organization, through or with other assistance provided by a charitable fundraising platform or platform charity. (5) “Platform charity” means a trustee as defined in Section 12582 or a charitable corporation as defined in Section 12582.1 that facilitates acts of solicitation on a charitable fundraising platform, which includes either of the following and any similar activity: (A) Solicits donations through a charitable fundraising platform for itself from donors who use the charitable fundraising platform with the implied or express representation that the platform charity may grant donations to recipient charitable organizations. (B) Grants funds to recipient charitable organizations based on purchases made or other activity performed by persons who use a charitable fundraising platform. (6) “Platform charity” does not include a sponsoring organization of donor-advised funds, as defined in subdivision (d) of Section 4966 of the Internal Revenue Code, that solicits donors to open donor-advised fund accounts or similar accounts, receives recommendations from donors on charitable organizations that may receive grants of funds previously contributed to the sponsoring organization for a donor’s donor-advised fund account, and the sponsoring organization does not list or reference by name one or more recipient charitable organizations for solicitation purposes on its platform for persons who do not have advisory privileges with respect to the granting of funds in a donor-advised fund of the sponsoring organization. (7) “Recipient charitable organization” means a trustee as defined in Section 12582 or a charitable corporation as defined in Section 12582.1, that is listed or referenced by name on a charitable fundraising platform or by a platform charity for solicitation purposes. (b) (1) A charitable fundraising platform is a trustee for charitable purposes subject to the Attorney General’s supervision. A charitable fundraising platform shall, before soliciting, permitting, or otherwise enabling solicitations, register with the Attorney General’s Registry of Charities and Fundraisers, under oath, on a form provided by the Attorney General. Persons or entities that meet the definition of a charitable fundraising platform and platform charity shall register as a charitable fundraising platform. (2) Registration shall be renewed each year. The Attorney General shall impose a registration and renewal fee, which shall be deposited and used in accordance with Section 12587.1. (3) A platform charity is a trustee for charitable purposes subject to the Attorney General’s supervision. A platform charity shall register as a trustee in accordance with Section 12585 when not already registered. When a charitable fundraising platform partners with a platform charity, the platform charity shall promptly notify the Attorney General’s Registry of Charities and Fundraisers of the partnership, unless previously specified through the registration of the platform charity or charitable fundraising platform. (c) A charitable fundraising platform or platform charity shall file annual reports, under oath, with the Attorney General’s Registry of Charities and Fundraisers on a form provided by the Attorney General. The reports shall: (1) Enable the Attorney General to ascertain whether charitable funds have been properly solicited, received, held, controlled, or distributed in compliance with this article, including, but not limited to, providing information on the number of donations made, the amounts raised, the length of time for distributing donations or grants of recommended donations, the fees charged by or through a charitable fundraising platform or platform charity, and information on recipient charitable organizations or other charitable organizations that were sent or were not sent donations or grants of recommended donations. (2) Not require the disclosure of personally identifiable information of donors or other persons using a charitable fundraising platform. (d) (1) A platform charity shall have good standing in order to facilitate acts of solicitation on a charitable fundraising platform. (2) A charitable fundraising platform or platform charity shall only solicit, permit, or otherwise enable solicitations, or receive, control, or distribute funds from donations for recipient charitable organizations or other charitable organizations in good standing. To determine good standing of recipient charitable organizations or other charitable organizations, a charitable fundraising platform or platform charity may rely on electronic lists periodically published by the Internal Revenue Service, the Franchise Tax Board, and the Attorney General’s Registry of Charities and Fundraisers provided that the lists are in a machine-readable structured data format. If any such agency does not publish such a list, then a charitable fundraising platform or platform charity is not required to comply with this paragraph for that applicable agency for the length of time that agency’s list is unavailable. (e) A charitable fundraising platform or platform charity that performs, permits, or otherwise enables acts of solicitation described by subparagraph (A), (B), or (C), of paragraph (1) of subdivision (a) shall, before a person can complete a donation or select or change a recipient charitable organization, provide conspicuous disclosures that prevent a likelihood of deception, confusion, or misunderstanding, including, but not limited to, the following: (1) A statement that donations are made to the charitable fundraising platform, the platform charity, the recipient charitable organization, or the person engaging in peer-to-peer charitable fundraising, whichever is applicable. (2) A statement that a recipient charitable organization may not receive donations or grants or recommended donations, with an explanation identifying the most pertinent reasons under which a recipient charitable organization may not receive the funds. This disclosure is not required when there are no circumstances under which a recipient charitable organization may not receive the funds. The explanation may be provided through a conspicuous hyperlink, so long as the disclosure is conspicuous when the hyperlink is selected. (3) The maximum length of time it takes to send the donation or a grant of the recommended donation to a recipient charitable organization with an explanation as to the length of time, unless the donation is sent contemporaneously to a recipient charitable organization after the donation is made. The explanation as to the maximum length of time may be provided through a conspicuous hyperlink, so long as the disclosure is conspicuous when the hyperlink is selected. (4) The fees or other amounts, if any, deducted from or added to the donation or a grant of the recommended donation that are charged or retained by the charitable fundraising platform, platform charity, or any other partnering vendor, other than digital payment processing fees. This disclosure is not required for acts of solicitation described in subparagraph (C) of paragraph (1) of subdivision (a) when no fees or amounts are deducted or added. (5) A statement as to the tax deductibility of the donation. This disclosure is not required for acts of solicitation described by subparagraph (C) of paragraph (1) of subdivision (a). (f) (1) A charitable fundraising platform or platform charity that solicits, permits, or otherwise enables solicitations shall obtain the written consent of a recipient charitable organization before using its name in a solicitation. Written consent shall be provided directly to the charitable fundraising platform or platform charity, or may be provided to a charitable fundraising platform or platform charity and apply to any partnering charitable fundraising platforms expressly identified in an agreement providing consent, by one authorized officer, director, trustee, or other duly authorized representative of the recipient charitable organization. (2) Written consent pursuant to paragraph (1) shall not be required for acts of solicitation described in subparagraphs (A), (B), or (C), of paragraph (1) of subdivision (a) if, in addition to all provisions of this section and rules or regulations established under Section 12599.10, all of the following are met: (A) The charitable fundraising platform or platform charity shall only reference the recipient charitable organization’s name, address, telephone number, internet website, including through a hyperlink, employer identification number, corporation or organization number, or registration number with the Attorney General’s Registry of Charities and Fundraisers, classification in the National Taxonomy of Exempt Entities system, publicly available information from the recipient charitable organization’s tax or information returns filed with the Internal Revenue Service, publicly available information from the recipient charitable organization’s reports filed with the Attorney General’s Registry of Charities and Fundraisers, or other information set forth in rules or regulations established under Section 12599.10, if any. (B) The charitable fundraising platform or platform charity shall conspicuously disclose before persons can complete a donation, or select or change a recipient charitable organization, that the recipient charitable organization has not provided consent or permission for the solicitation, and has not reviewed or approved the content generated by persons engaging in peer-to-peer charitable fundraising, when applicable. (C) The charitable fundraising platform or platform charity shall remove any recipient charitable organization from its list or any solicitation regarding the recipient charitable organization upon written request by the recipient charitable organization, and verification that the request is legitimate. Requests shall be promptly verified and it shall take no longer than three business days for removal to occur after verification is completed. (D) The charitable fundraising platform or platform charity shall not require that a recipient charitable organization consent to any solicitations as a condition for accepting a donation or grant of a recommended donation. (g) After donors contribute donations based on solicitations described by subparagraph (A) or (B) of paragraph (1) of subdivision (a), the charitable fundraising platform or platform charity shall promptly provide a tax donation receipt in accordance with Sections 17510.3 and 17510.4 of the Business and Professions Code. (h) The charitable fundraising platform or platform charity shall not divert or otherwise misuse the donations received through solicitation on the charitable fundraising platform, and shall hold them in a separate account or accounts from other funds belonging to the charitable fundraising platform or platform charity. The charitable fundraising platform or platform charity shall promptly ensure donations and grants of recommended donations are sent to recipient charitable organizations with an accounting of any fees imposed for processing the funds, and in accordance with any rules and regulations established under Section 12599.10. (i) When a charitable fundraising platform or platform charity contracts with vendors to solicit, receive, control, process, distribute, and otherwise account for donations on the charitable fundraising platform, the contracts shall be available for inspection by the Attorney General. (Amended by Stats. 2024, Ch. 80, Sec. 61. (SB 1525) Effective January 1, 2025.)
  15. 126.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    California’s State Lands Commission must make specified findings and follow notice, meeting, recording, and public-record steps before a cession of concurrent criminal jurisdiction to the United States can vest.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 126. (a) Notwithstanding any other provision of law, general or special, the Legislature of California, acting through the State Lands Commission, hereby cedes concurrent criminal jurisdiction to the United States within lands identified and held by the United States upon and subject to each and all of the following express limitations, conditions, and reservations, in addition to any other limitations, conditions, or reservations prescribed by law: (1) Before making a cession, the State Lands Commission shall make the following findings: (A) The United States has requested in writing the state to cede concurrent criminal jurisdiction within the identified lands. (B) The lands are held by the United States for the erection of forts, magazines, arsenals, dockyards, and other needful buildings within the purview of clause 17 of Section 8 of Article I of the United States Constitution, or for any other federal purposes. For purposes of this section, lands held by the United States are defined as: (i) lands acquired in fee by purchase or condemnation, (ii) lands owned by the United States that are included in the military reservation by presidential proclamation or act of Congress, (iii) any other lands owned by the United States, including, but not limited to, public domain lands that are held for a public purpose, and (iv) leaseholds acquired by the United States over private lands or state-owned lands that are held for a public purpose. (C) The cession is made pursuant to and in compliance with the laws of the United States. (D) A notice of the proposed cession has been given to the clerk for the board of supervisors of the county in which the federal lands are located at least 15 days before the proposed cession. (E) The proposed cession is in the best interests of the State of California. (F) The United States has agreed to bear all costs and expenses incurred by the State Lands Commission in making the cession. (2) The cession shall continue only so long as the lands are owned by the United States and used for the purposes for which jurisdiction is ceded or for 10 years, whichever period is less. (3) The cession shall be made at a publicly noticed meeting of the State Lands Commission. The cession shall vest when the State Lands Commission has received notice of the United States’ acceptance of the cession and certified copies of the State Lands Commission’s orders or resolutions making the findings described in paragraph (1) have been recorded in the office of the county recorder of each county in which any part of the land is situated. The State Lands Commission shall keep copies of its orders or resolutions in its records and make them available to the public upon request. (b) In ceding concurrent criminal jurisdiction, the Legislature and the state reserve jurisdiction over the land, water, and use of water with full power to control and regulate the acquisition, use, control, and distribution of water with respect to the land affected by the cession. (Amended by Stats. 2014, Ch. 512, Sec. 1. (AB 2764) Effective January 1, 2015.)
  16. 12600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

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    This section states California’s policy to protect and improve the environment and natural resources, and says the Attorney General should provide an adequate remedy to protect those resources from pollution, impairment, or destruction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12600. The Legislature finds and declares as follows: (a) It is the policy of this state to conserve, protect, and enhance its environment. It is the policy of this state to prevent destruction, pollution, or irreparable impairment of the environment and the natural resources of this state. (b) It is in the public interest to provide the people of the State of California through the Attorney General with adequate remedy to protect the natural resources of the State of California from pollution, impairment, or destruction. (c) Conservation of natural resources and protection of the environment are pursuits often beyond the scope of inquiry, legislation, or enforcement by local government; several local public entities existing in the same ecological community have acted in differing and, sometimes, conflicting manners; uniform, coordinated, and thorough response to the questions of protection of environment and preservation of natural resources must be assured; and these matters are of statewide concern. (Added by Stats. 1971, Ch. 1518.)
  17. 12601.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

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    The article’s remedies are not exclusive and are added to any other remedies available under other law or common law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12601. The provisions of this article are not exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. (Added by Stats. 1971, Ch. 1518.)
  18. 12602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

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    If part of this article is found unconstitutional, the rest of the chapter still applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12602. If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Added by Stats. 1971, Ch. 1518.)
  19. 12603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

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    This article must be interpreted and applied broadly to promote its underlying purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12603. This article shall be liberally construed and applied to promote its underlying purposes. (Added by Stats. 1971, Ch. 1518.)
  20. 12604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

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    This article defines “person” broadly to include many individuals, entities, and public bodies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12604. As used in this article, “person” includes any person, firm, association, organization, partnership, business trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities. (Amended by Stats. 1994, Ch. 1010, Sec. 140. Effective January 1, 1995.)
  21. 12605.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    This section defines “natural resource” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12605. As used in this article, “natural resource” includes land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites, or any other natural resource which, irrespective of ownership contributes, or in the future may contribute, to the health, safety, welfare, or enjoyment of a substantial number of persons, or to the substantial balance of an ecological community. (Added by Stats. 1971, Ch. 1518.)
  22. 12606.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    The Attorney General may intervene in judicial or administrative proceedings involving alleged pollution or adverse environmental effects that could affect the public generally.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12606. The Attorney General shall be permitted to intervene in any judicial or administrative proceeding in which facts are alleged concerning pollution or adverse environmental effects which could affect the public generally. (Added by Stats. 1971, Ch. 1518.)
  23. 12607.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    The Attorney General may bring an equitable-relief action to protect California’s natural resources from pollution, impairment, or destruction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12607. The Attorney General may maintain an action for equitable relief in the name of the people of the State of California against any person for the protection of the natural resources of the state from pollution, impairment, or destruction. (Added by Stats. 1971, Ch. 1518.)
  24. 12608.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    In an action under Section 12607, the defendant may raise an affirmative defense by showing there was no more feasible and prudent alternative and that the conduct protected public health, safety, and welfare.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12608. In any action maintained under Section 12607, the defendant may also show, by way of an affirmative defense, that there is no more feasible and prudent alternative to the defendant’s conduct, and that such conduct is consistent with the protection of the public health, safety, and welfare. (Added by Stats. 1971, Ch. 1518.)
  25. 12609.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    An action under Section 12607 about a zoning matter must be started within 180 days after the decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12609. Any action brought pursuant to Section 12607 to review, set aside, void or annul any decision in any zoning matter of an administrative body or of a legislative body, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any such decision shall not be maintained unless such action is commenced within 180 days after the date of such decision. (Added by Stats. 1971, Ch. 1518.)
  26. 12610.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    When granting temporary or permanent equitable relief, the court may impose conditions on the defendant to protect state natural resources from pollution, impairment, or destruction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12610. In granting temporary and permanent equitable relief, the court may impose such conditions upon the defendant as are required to protect the natural resources of the state from pollution, impairment, or destruction. (Added by Stats. 1971, Ch. 1518.)
  27. 12611.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    A court must stay a Section 12607 action while related administrative proceedings are pending or available, unless the stay would cause irreparable pollution, impairment, or destruction of a natural resource.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12611. (a) Whenever proceedings before an administrative agency are pending or available to determine the legality of the defendants’ conduct, program, or product, the court shall stay the action brought pursuant to Section 12607 pending the completion of such proceedings unless such stay will result in irreparable pollution, impairment or destruction to any natural resource. (b) In the order staying the proceedings under subdivision (a), the court may grant temporary equitable relief where appropriate to prevent irreparable pollution, impairment or destruction of any natural resource. (Added by Stats. 1971, Ch. 1518.)
  28. 12612.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    The Attorney General may intervene in certain administrative, licensing, or judicial review proceedings involving possible harm to California natural resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12612. (a) In any administrative, licensing, or other such proceeding or in any proceeding for judicial review thereof which is made available by law, the Attorney General shall be permitted to intervene upon showing that the proceeding or action for judicial review involves conduct, programs, or products which may have the effect of impairing, polluting, or destroying the natural resources of the state. (b) In any proceeding described in subdivision (a), in which the Attorney General is a party, the agency or court shall consider the alleged impairment, pollution, or destruction of the natural resources of the state, and no conduct, program, or product shall be authorized or approved which does, or will have such effect unless it is consistent with the protection of the public health, safety, or welfare. (c) In any judicial review under this section, the evidence before the court shall consist of the record before the agency and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implement the policies of this article. (Added by Stats. 1971, Ch. 1518.)
  29. 12613.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. )

    Verify source ↗

    The Department of Justice is to keep the Bureau of Environmental Justice in existence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8. Environmental Actions [12600 - 12613] ( Article 8 added by Stats. 1971, Ch. 1518. ) ## 12613. There is continued in existence in the Department of Justice a Bureau of Environmental Justice. (Added by Stats. 2025, Ch. 120, Sec. 1. (SB 352) Effective January 1, 2026.)
  30. 12620.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    This section gives the article an official short title.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12620. This article shall be known and may be cited as the Uniform Supervision of International Student Exchange Visitor Placement Organizations Act of 1994. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  31. 12621.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the article, including “organization,” “student,” “nonimmigrant visa,” “USIA,” and “Registry.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12621. For the purposes of this article, the following terms shall have the following meaning unless the context clearly requires otherwise: (a) “International student exchange visitor placement organization” or “organization” means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of providing the students with the opportunity to attend a school that maintains kindergarten and grades 1 to 12, inclusive, in the United States. (b) “International student exchange visitor” or “student” means any person 18 years of age or under, or up to 21 years of age if enrolled or to be enrolled in high school in this state, who enters the United States on a nonimmigrant visa and who is placed by an international student exchange visitor placement organization in an elementary or secondary school or other educational program in this state. (c) “Nonimmigrant visa” means a visa category assigned by the United States Department of Homeland Security pursuant to Section 1101 of Title 8 of the United States Code to nonresident students whose primary purpose for visiting the United States is to study at the elementary or secondary school level or participate in any other educational program. (d) “USIA” means the United States Information Agency designated to administer the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. Sec. 2451; 22 C.F.R. 514.1 et seq.). (e) “Registry” means the Registry of International Student Exchange Visitor Placement Organizations established pursuant to Section 12622. (Amended by Stats. 2021, Ch. 296, Sec. 31. (AB 1096) Effective January 1, 2022.)
  32. 12622.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    The Attorney General must create and keep a register of organizations covered by this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12622. The Attorney General shall establish and maintain a register of organizations subject to this article. The registry shall be known as the Registry of International Student Exchange Visitor Placement Organizations. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  33. 12623.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    Organizations must register before placing an international student exchange visitor in a California school, renew by January 15 each year, and pay the required fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12623. (a) Each organization shall, prior to arranging the placement of any international student exchange visitor in any school in California, register with the Attorney General’s Registry of International Student Exchange Visitor Placement Organizations on the registration form prescribed by the Attorney General. Renewals of registration shall be filed with the registry by January 15 of each calendar year in which the organization does business and shall be effective for one year. (b) The fee for registration and renewal shall be calculated as follows: (1) All organizations designated by the USIA shall remit the following: (A) A registration fee of one hundred fifty dollars ($150) shall be required for the initial registration of an organization and shall be payable by certified or cashier’s check to the Attorney General’s Registry of International Student Exchange Visitor Placement Organizations at the time of registration. (B) An annual renewal fee of fifty dollars ($50) shall be required for renewal of registration of an organization payable as specified in subparagraph (A). (C) The Attorney General may seek legislative approval to adjust the registration or renewal fee. Upon petition by the Attorney General, the Legislature may adjust the fees in the annual Budget Act. In no event shall the fees exceed the costs necessary to administer this article. (2) All organizations not designated by the USIA shall remit the following: (A) A registration fee shall be required for the initial registration of an organization and shall be payable by certified or cashier’s check to the Attorney General’s Registry of International Student Exchange Visitor Placement Organizations at the time of registration. The Attorney General shall establish the registration fee described in this subparagraph. (B) An annual renewal fee shall be required for renewal of registration of an organization payable as specified in paragraph (1). The Attorney General shall establish the renewal fee described in this subparagraph. (C) In no event shall the fees enumerated in this paragraph exceed the costs necessary to administer this article. (c) The Attorney General may grant an extension of time to file annual registration. (d) Failure to register is a violation of this chapter. (e) Registration pursuant to this article shall not be considered or be represented as an endorsement of the organization by the Attorney General or this state. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  34. 12624.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    Creates a special fund in the State Treasury and directs Attorney General fees into it for administering this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12624. The Registry of International Student Exchange Visitor Placement Organizations Fund is hereby created in the State Treasury. All fees collected by the Attorney General pursuant to this article shall be deposited into that fund. All money in the Registry of International Student Exchange Visitor Placement Organizations Fund shall, upon appropriation by the Legislature, be expended by the Attorney General for the exclusive purpose of administering this article. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  35. 12625.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    The Attorney General may adopt reasonable rules and regulations, and the listed registry, copies, and filed documents must be open for public inspection subject to those rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12625. Subject to reasonable rules and regulations adopted by the Attorney General, the registry and copies of instruments and the documents filed with the Attorney General pursuant to this article shall be open to public inspection. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  36. 12626.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    Registration applications must be filed on Attorney General-prescribed forms, include specified information, be signed by required officers, and registered organizations must report changes within 30 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12626. (a) An application for registration pursuant to this article shall be submitted in the manner and on the forms prescribed by the Attorney General. The application shall include all of the following: (1) Evidence that the organization meets the standards established by the Attorney General pursuant to Section 12627. (2) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state. (3) If the organization has been designated by the USIA pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. Sec. 2451); 22 C.F.R. 514.1 et seq.), the designation number provided to the organizations pursuant to that act. (4) Whether the organization is exempt from federal income tax. (5) A list of the organization’s placements in California for the previous academic year, including the number of students placed, their home countries, the school district in which they were placed, and the length of their placements. (6) Any other information required by the Attorney General to carry out the regulations adopted pursuant to subdivision (a) of Section 12627. (b) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements of international student exchange visitors within California. If the Attorney General determines that the application is complete, the Attorney General shall file the application and the applicant shall then be registered. (c) Each organization registered pursuant to this article shall inform the Attorney General of any changes in the information required by subdivision (a) within 30 days of the change. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  37. 12627.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

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    The Attorney General must adopt regulations for this article’s standards and requirements, and may adopt any other regulations needed to administer it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12627. The Attorney General shall adopt regulations pursuant to the portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2) pertaining to rulemaking, as follows: (a) Regulations on the standards and requirements that organizations must meet that are consistent with the regulations adopted by the USIA pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. Sec. 2451) as set forth in Section 514.1 and following of Title 22 of the Code of Federal Regulations as those regulations existed on March 19, 1993. If the federal regulations adopted by the USIA at a minimum require the same standards and requirements of this article, the Attorney General shall permit organizations designated by the USIA pursuant to those regulations to, in lieu of documentation that would otherwise be required by this article and the regulations adopted pursuant to this subdivision, provide evidence of designation by the USIA. (b) Any regulations that are necessary for the administration of this article. (Amended by Stats. 2011, Ch. 296, Sec. 121. (AB 1023) Effective January 1, 2012.)
  38. 12628.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

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    Each organization must give an English informational document to the student, host family, and designated school official before placement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12628. Each organization shall provide an informational document, in English, to each student, host family, and designated school official in which the student is being placed. The informational document shall be provided before placement of the student in any host family or school district and shall include the following: (a) An explanation of services to be performed by the organization for the student, host family, and the school district in which the student will be enrolled. (b) A summary of the requirements of this chapter and any regulations adopted thereto. (c) Telephone numbers that the student, host family, and school district may call for assistance. The telephone numbers shall include, at a minimum, a telephone number in this state for the organization and the telephone numbers of the organization’s national headquarters, if any, the USIA, and the Attorney General. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  39. 12629.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

    Verify source ↗

    The Attorney General may investigate possible noncompliance with this article, seek subpoenas for needed records, and report complaints about an international student exchange organization to relevant parties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12629. (a) If the Attorney General has probable cause to believe that the organization is not complying with this article, the Attorney General may conduct whatever investigation is necessary, and may seek a subpoena to obtain from public records, court officers, taxing authorities, trustees, officers and employees of an organization, and other sources, whatever information, copies of instruments, documents, reports, and records that are needed for the establishment and maintenance of the register. (b) The Attorney General may, upon receipt of a complaint regarding an international student exchange organization, report the matter to the organization involved, the USIA, or the Council on Standards for International Educational Travel, as the Attorney General deems appropriate. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  40. 12630.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. )

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    Violating this article, or willfully and knowingly giving false or incorrect information to the Attorney General in required filings, is a misdemeanor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 8.2. International Student Exchange Visitor Placement Organizations [12620 - 12630] ( Article 8.2 added by Stats. 1994, Ch. 825, Sec. 2. ) ## 12630. Any person or organization who violates any provision of this article or who willfully and knowingly provides false or incorrect information to the Attorney General in filing documents required by this article, whether or not the documents are verified, is guilty of a misdemeanor. (Added by Stats. 1994, Ch. 825, Sec. 2. Effective January 1, 1995.)
  41. 12650.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    This section names the article the False Claims Act and defines key terms like claim, knowing, material, obligation, political subdivision, prosecuting authority, person, and state funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) “Claim” means any request or demand, whether under a contract or otherwise, for money, property, or services, and whether or not the state or a political subdivision has title to the money, property, or services that meets either of the following conditions: (A) Is presented to an officer, employee, or agent of the state or of a political subdivision. (B) Is made to a contractor, grantee, or other recipient, if the money, property, or service is to be spent or used on a state or any political subdivision’s behalf or to advance a state or political subdivision’s program or interest, and if the state or political subdivision meets either of the following conditions: (i) Provides or has provided any portion of the money, property, or service requested or demanded. (ii) Reimburses the contractor, grantee, or other recipient for any portion of the money, property, or service that is requested or demanded. (2) “Claim” does not include requests or demands for money, property, or services that the state or a political subdivision has paid to an individual as compensation for employment with the state or political subdivision or as an income subsidy with no restrictions on that individual’s use of the money, property, or services. (3) “Knowing” and “knowingly” mean that a person, with respect to information, does any of the following: (A) Has actual knowledge of the information. (B) Acts in deliberate ignorance of the truth or falsity of the information. (C) Acts in reckless disregard of the truth or falsity of the information. Proof of specific intent to defraud is not required. (4) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money, property, or services. (5) “Obligation” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. (6) “Political subdivision” includes any city, city and county, county, tax or assessment district, or other legally authorized local governmental entity with jurisdictional boundaries. (7) “Political subdivision funds” means funds that are the subject of a claim. (8) “Prosecuting authority” refers to the county counsel, city attorney, or other local government official charged with investigating, filing, and conducting civil legal proceedings on behalf of, or in the name of, a particular political subdivision. (9) “Person” includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business, or trust. (10) “State funds” mean funds that are the subject of a claim. (Amended by Stats. 2012, Ch. 647, Sec. 1. (AB 2492) Effective January 1, 2013.)
  42. 12651.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    A person who knowingly submits or helps submit false or fraudulent claims, records, or statements can violate this section and face damages, costs, and civil penalties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12651. (a) Any person who commits any of the following enumerated acts in this subdivision shall have violated this article and shall be liable to the state or to the political subdivision for three times the amount of damages that the state or political subdivision sustains because of the act of that person. A person who commits any of the following enumerated acts shall also be liable to the state or to the political subdivision for the costs of a civil action brought to recover any of those penalties or damages, and shall be liable to the state or political subdivision for a civil penalty of not less than five thousand five hundred dollars ($5,500) and not more than eleven thousand dollars ($11,000) for each violation, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101–410 Section 5, 104 Stat. 891, note following 28 U.S.C. Section 2461. (1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval. (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim. (3) Conspires to commit a violation of this subdivision. (4) Has possession, custody, or control of public property or money used or to be used by the state or by any political subdivision and knowingly delivers or causes to be delivered less than all of that property. (5) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state or by any political subdivision and knowingly makes or delivers a receipt that falsely represents the property used or to be used. (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property. (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or to any political subdivision, or knowingly conceals or knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or to any political subdivision. (8) Is a beneficiary of an inadvertent submission of a false claim, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the state or the political subdivision within a reasonable time after discovery of the false claim. (b) Notwithstanding subdivision (a), the court may assess not less than two times and not more than three times the amount of damages which the state or the political subdivision sustains because of the act of the person described in that subdivision, and no civil penalty, if the court finds all of the following: (1) The person committing the violation furnished officials of the state or of the political subdivision responsible for investigating false claims violations with all information known to that person about the violation within 30 days after the date on which the person first obtained the information. (2) The person fully cooperated with any investigation by the state or a political subdivision of the violation. (3) At the time the person furnished the state or the political subdivision with information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation. (c) Liability under this section shall be joint and several for any act committed by two or more persons. (d) This section does not apply to any controversy involving an amount of less than five hundred dollars ($500) in value. For purposes of this subdivision, “controversy” means any one or more false claims submitted by the same person in violation of this article. (e) This section does not apply to claims, records, or statements made pursuant to Division 3.6 (commencing with Section 810) of Title 1 or to workers’ compensation claims filed pursuant to Division 4 (commencing with Section 3200) of the Labor Code. (f) This section does not apply to claims, records, or statements made under the Revenue and Taxation Code. (g) This section does not apply to claims, records, or statements for the assets of a person that have been transferred to the Commissioner of Insurance, pursuant to Section 1011 of the Insurance Code. (Amended by Stats. 2017, Ch. 121, Sec. 1. (SB 387) Effective January 1, 2018.)
  43. 12652.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    This section sets procedures for false claims actions, including who may investigate, sue, intervene, serve papers, and how proceeds are shared.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12652. (a) (1) The Attorney General shall diligently investigate violations under Section 12651 involving state funds. If the Attorney General finds that a person has violated or is violating Section 12651, the Attorney General may bring a civil action under this section against that person. (2) If the Attorney General brings a civil action under this subdivision on a claim involving political subdivision funds as well as state funds, the Attorney General shall, on the same date that the complaint is filed in this action, serve by mail with “return receipt requested” a copy of the complaint on the appropriate prosecuting authority. (3) The prosecuting authority shall have the right to intervene in an action brought by the Attorney General under this subdivision within 60 days after receipt of the complaint pursuant to paragraph (2). The court may permit intervention thereafter upon a showing that all of the requirements of Section 387 of the Code of Civil Procedure have been met. (b) (1) The prosecuting authority of a political subdivision shall diligently investigate violations under Section 12651 involving political subdivision funds. If the prosecuting authority finds that a person has violated or is violating Section 12651, the prosecuting authority may bring a civil action under this section against that person. (2) If the prosecuting authority brings a civil action under this section on a claim involving state funds as well as political subdivision funds, the prosecuting authority shall, on the same date that the complaint is filed in this action, serve a copy of the complaint on the Attorney General. (3) Within 60 days after receiving the complaint pursuant to paragraph (2), the Attorney General shall do either of the following: (A) Notify the court that it intends to proceed with the action, in which case the Attorney General shall assume primary responsibility for conducting the action and the prosecuting authority shall have the right to continue as a party. (B) Notify the court that it declines to proceed with the action, in which case the prosecuting authority shall have the right to conduct the action. (c) (1) A person may bring a civil action for a violation of this article for the person and either for the State of California in the name of the state, if any state funds are involved, or for a political subdivision in the name of the political subdivision, if political subdivision funds are exclusively involved. The person bringing the action shall be referred to as the qui tam plaintiff. Once filed, the action may be dismissed only with the written consent of the court and the Attorney General or prosecuting authority of a political subdivision, or both, as appropriate under the allegations of the civil action, taking into account the best interests of the parties involved and the public purposes behind this act. No claim for any violation of Section 12651 may be waived or released by any private person, except if the action is part of a court approved settlement of a false claim civil action brought under this section. Nothing in this paragraph shall be construed to limit the ability of the state or political subdivision to decline to pursue any claim brought under this section. (2) A complaint filed by a private person under this subdivision shall be filed in superior court in camera and may remain under seal for up to 60 days. No service shall be made on the defendant until after the complaint is unsealed. (3) On the same day as the complaint is filed pursuant to paragraph (2), the qui tam plaintiff shall serve by mail with “return receipt requested” the Attorney General with a copy of the complaint and a written disclosure of substantially all material evidence and information the person possesses. (4) Within 60 days after receiving a complaint and written disclosure of material evidence and information alleging violations that involve state funds but not political subdivision funds, the Attorney General may elect to intervene and proceed with the action. (5) The Attorney General may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal pursuant to paragraph (2). The motion may be supported by affidavits or other submissions in camera. (6) Before the expiration of the 60-day period or any extensions obtained under paragraph (5), the Attorney General shall do either of the following: (A) Notify the court that it intends to proceed with the action, in which case the action shall be conducted by the Attorney General and the seal shall be lifted. (B) Notify the court that it declines to proceed with the action, in which case the seal shall be lifted and the qui tam plaintiff shall have the right to conduct the action. (7) (A) Within 15 days after receiving a complaint alleging violations that exclusively involve political subdivision funds, the Attorney General shall forward copies of the complaint and written disclosure of material evidence and information to the appropriate prosecuting authority for disposition, and shall notify the qui tam plaintiff of the transfer. (B) Within 45 days after the Attorney General forwards the complaint and written disclosure pursuant to subparagraph (A), the prosecuting authority may elect to intervene and proceed with the action. (C) The prosecuting authority may, for good cause shown, move for extensions of the time during which the complaint remains under seal. The motion may be supported by affidavits or other submissions in camera. (D) Before the expiration of the 45-day period or any extensions obtained under subparagraph (C), the prosecuting authority shall do either of the following: (i) Notify the court that it intends to proceed with the action, in which case the action shall be conducted by the prosecuting authority and the seal shall be lifted. (ii) Notify the court that it declines to proceed with the action, in which case the seal shall be lifted and the qui tam plaintiff shall have the right to conduct the action. (8) (A) Within 15 days after receiving a complaint alleging violations that involve both state and political subdivision funds, the Attorney General shall forward copies of the complaint and written disclosure to the appropriate prosecuting authority, and shall coordinate its review and investigation with those of the prosecuting authority. (B) Within 60 days after receiving a complaint and written disclosure of material evidence and information alleging violations that involve both state and political subdivision funds, the Attorney General or the prosecuting authority, or both, may elect to intervene and proceed with the action. (C) The Attorney General or the prosecuting authority, or both, may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). The motion may be supported by affidavits or other submissions in camera. (D) Before the expiration of the 60-day period or any extensions obtained under subparagraph (C), the Attorney General shall do one of the following: (i) Notify the court that it intends to proceed with the action, in which case the action shall be conducted by the Attorney General and the seal shall be lifted. (ii) Notify the court that it declines to proceed with the action but that the prosecuting authority of the political subdivision involved intends to proceed with the action, in which case the seal shall be lifted and the action shall be conducted by the prosecuting authority. (iii) Notify the court that both it and the prosecuting authority decline to proceed with the action, in which case the seal shall be lifted and the qui tam plaintiff shall have the right to conduct the action. (E) If the Attorney General proceeds with the action pursuant to clause (i) of subparagraph (D), the prosecuting authority of the political subdivision shall be permitted to intervene in the action within 60 days after the Attorney General notifies the court of its intentions. The court may authorize intervention thereafter upon a showing that all the requirements of Section 387 of the Code of Civil Procedure have been met. (9) The defendant shall not be required to respond to any complaint filed under this section until 30 days after the complaint is unsealed and served upon the defendant pursuant to Section 583.210 of the Code of Civil Procedure. (10) When a person brings an action under this subdivision, no other person may bring a related action based on the facts underlying the pending action. (d) (1) No court shall have jurisdiction over an action brought under subdivision (c) against a Member of the State Senate or Assembly, a member of the state judiciary, an elected official in the executive branch of the state, or a member of the governing body of any political subdivision if the action is based on evidence or information known to the state or political subdivision when the action was brought. (2) A person may not bring an action under subdivision (c) that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the state or political subdivision is already a party. (3) (A) The court shall dismiss an action or claim under this section, unless opposed by the Attorney General or prosecuting authority of a political subdivision, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in any of the following: (i) A criminal, civil, or administrative hearing in which the state or prosecuting authority of a political subdivision or their agents are a party. (ii) A report, hearing, audit, or investigation of the Legislature, the state, or governing body of a political subdivision. (iii) The news media. (B) Subparagraph (A) shall not apply if the action is brought by the Attorney General or prosecuting authority of a political subdivision, or the person bringing the action is an original source of the information. (C) For purposes of subparagraph (B), “original source” means an individual who either: (i) Prior to a public disclosure under subparagraph (A), has voluntarily disclosed to the state or political subdivision the information on which allegations or transactions in a claim are based. (ii) Has knowledge that is independent of, and materially adds to, the publicly disclosed allegations or transactions, and has voluntarily provided the information to the state or political subdivision before filing an action under this section. (4) In all actions brought under subdivision (c), except for those in which the complaint alleges one or more violations under Section 12651 involving claims related to California’s Medicaid Program, as defined by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) a court shall not have jurisdiction over an action based upon information discovered by a present or former employee of the state or a political subdivision during the course of that employee’s employment unless that employee first, in good faith, exhausted existing internal procedures for reporting and seeking recovery of the falsely claimed sums through official channels and unless the state or political subdivision failed to act on the information provided within a reasonable period of time. (e) (1) If the state or political subdivision proceeds with the action, it shall have the primary responsibility for prosecuting the action. The qui tam plaintiff shall have the right to continue as a full party to the action. (2) (A) The state or political subdivision may seek to dismiss the action for good cause notwithstanding the objections of the qui tam plaintiff if the qui tam plaintiff has been notified by the state or political subdivision of the filing of the motion and the court has provided the qui tam plaintiff with an opportunity to oppose the motion and present evidence at a hearing. (B) The state or political subdivision may settle the action with the defendant notwithstanding the objections of the qui tam plaintiff if the court determines, after a hearing providing the qui tam plaintiff an opportunity to present evidence, that the proposed settlement is fair, adequate, and reasonable under all of the circumstances. (f) (1) If the state or political subdivision elects not to proceed, the qui tam plaintiff shall have the same right to conduct the action as the Attorney General or prosecuting authority would have had if it had chosen to proceed under subdivision (c). If the state or political subdivision so requests, and at its expense, the state or political subdivision shall be served with copies of all pleadings filed in the action and supplied with copies of all deposition transcripts. (2) (A) Upon timely application, the court shall permit the state or political subdivision to intervene in an action with which it had initially declined to proceed if the interest of the state or political subdivision in recovery of the property or funds involved is not being adequately represented by the qui tam plaintiff. (B) If the state or political subdivision is allowed to intervene under subparagraph (A), the qui tam plaintiff shall retain principal responsibility for the action and the recovery of the parties shall be determined as if the state or political subdivision had elected not to proceed. (g) (1) (A) If the Attorney General initiates an action pursuant to subdivision (a) or assumes control of an action initiated by a prosecuting authority pursuant to subparagraph (A) of paragraph (3) of subdivision (b), the office of the Attorney General shall receive a fixed 33 percent of the proceeds of the action or settlement of the claim, which shall be used to support its ongoing investigation and prosecution of false claims. (B) If a prosecuting authority initiates and conducts an action pursuant to subdivision (b), the office of the prosecuting authority shall receive a fixed 33 percent of the proceeds of the action or settlement of the claim, which shall be used to support its ongoing investigation and prosecution of false claims. (C) If a prosecuting authority intervenes in an action initiated by the Attorney General pursuant to paragraph (3) of subdivision (a) or remains a party to an action assumed by the Attorney General pursuant to subparagraph (A) of paragraph (3) of subdivision (b), the court may award the office of the prosecuting authority a portion of the Attorney General’s fixed 33 percent of the recovery under subparagraph (A), taking into account the prosecuting authority’s role in investigating and conducting the action. (2) If the state or political subdivision proceeds with an action brought by a qui tam plaintiff under subdivision (c), the qui tam plaintiff shall, subject to paragraphs (4) and (5), receive at least 15 percent but not more than 33 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the qui tam plaintiff substantially contributed to the prosecution of the action. When it conducts the action, the Attorney General’s office or the office of the prosecuting authority of the political subdivision shall receive a fixed 33 percent of the proceeds of the action or settlement of the claim, which shall be used to support its ongoing investigation and prosecution of false claims made against the state or political subdivision. When both the Attorney General and a prosecuting authority are involved in a qui tam action pursuant to subparagraph (C) of paragraph (6) of subdivision (c), the court at its discretion may award the prosecuting authority a portion of the Attorney General’s fixed 33 percent of the recovery, taking into account the prosecuting authority’s contribution to investigating and conducting the action. (3) If the state or political subdivision does not proceed with an action under subdivision (c), the qui tam plaintiff shall, subject to paragraphs (4) and (5), receive an amount that the court decides is reasonable for collecting the civil penalty and damages on behalf of the government. The amount shall be not less than 25 percent and not more than 50 percent of the proceeds of the action or settlement and shall be paid out of these proceeds. (4) If the action is one provided for under paragraph (4) of subdivision (d), the present or former employee of the state or political subdivision is not entitled to any minimum guaranteed recovery from the proceeds. The court, however, may award the qui tam plaintiff those sums from the proceeds as it considers appropriate, but in no case more than 33 percent of the proceeds if the state or political subdivision goes forth with the action or 50 percent if the state or political subdivision declines to go forth, taking into account the significance of the information, the role of the qui tam plaintiff in advancing the case to litigation, and the scope of, and response to, the employee’s attempts to report and gain recovery of the falsely claimed funds through official channels. (5) Whether or not the state or political subdivision proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 12651 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under this subdivision, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. The court, however, shall not award the qui tam plaintiff more than 33 percent of the proceeds if the state or political subdivision goes forth with the action or 50 percent if the state or political subdivision declines to go forth, taking into account the significance of the information, the role of the qui tam plaintiff in advancing the case to litigation, the scope of the person’s involvement in the fraudulent activity, the person’s attempts to avoid or resist the activity, and all other circumstances surrounding the activity. (6) The portion of the recovery not distributed pursuant to paragraphs (1) to (5), inclusive, shall revert to the state if the underlying false claims involved state funds exclusively and to the political subdivision if the underlying false claims involved political subdivision funds exclusively. If the violation involved both state and political subdivision funds, the court shall make an apportionment between the state and political subdivision based on their relative share of the funds falsely claimed. (7) For purposes of this section, “proceeds” include civil penalties as well as double or treble damages as provided in Section 12651. (8) If the state, political subdivision, or the qui tam plaintiff prevails in or settles any action under subdivision (c), the qui tam plaintiff shall receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable costs and attorney’s fees. All expenses, costs, and fees shall be awarded against the defendant and under no circumstances shall they be the responsibility of the state or political subdivision. (9) (A) If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award to the defendant its reasonable attorney’s fees and expenses against the party that proceeded with the action if the defendant prevails in the action and the court finds that the claim was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (B) If the state or political subdivision proceeds with the action, the court may award the defendant its reasonable attorney’s fees and expenses against the state or political subdivision that proceeded with the action if the defendant prevails in the action and the court finds that the claim was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (h) The court may stay an act of discovery of the person initiating the action for a period of not more than 60 days if the Attorney General or local prosecuting authority show that the act of discovery would interfere with an investigation or a prosecution of a criminal or civil matter arising out of the same facts, regardless of whether the Attorney General or local prosecuting authority proceeds with the action. This showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Attorney General or local prosecuting authority has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (i) Upon a showing by the Attorney General or local prosecuting authority that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Attorney General’s or local prosecuting authority’s prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person’s participation, including the following: (1) Limiting the number of witnesses the person may call. (2) Limiting the length of the testimony of the witnesses. (3) Limiting the person’s cross-examination of witnesses. (4) Otherwise limiting the participation by the person in the litigation. (j) The False Claims Act Fund is hereby created in the State Treasury. Proceeds from the action or settlement of the claim by the Attorney General pursuant to this article shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support the ongoing investigation and prosecution of false claims in furtherance of this article. (Amended by Stats. 2021, Ch. 50, Sec. 112. (AB 378) Effective January 1, 2022.)
  44. 12652.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    The University of California is treated as a political subdivision, and its General Counsel is treated as a prosecuting authority for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12652.5. Notwithstanding any other provision of law, the University of California shall be considered a political subdivision, and the General Counsel of the University of California shall be considered a prosecuting authority for the purposes of this article, and shall have the right to intervene in an action brought by the Attorney General or a private party or investigate and bring an action, subject to Section 12652, if it is determined that the claim involves the University of California. (Added by Stats. 1996, Ch. 652, Sec. 1. Effective January 1, 1997.)
  45. 12653.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    Employees, contractors, or agents who are retaliated against for protected conduct under this section can get relief, and the defendant must pay litigation costs and reasonable attorney’s fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12653. (a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of that employee’s, contractor’s, or agent’s employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this section or other efforts to stop one or more violations of this article. (b) Relief under this section shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, and, where appropriate, punitive damages. The defendant shall also be required to pay litigation costs and reasonable attorney’s fees. An action under this section may be brought in the appropriate superior court of the state. (c) A civil action under this section shall not be brought more than three years after the date when the retaliation occurred. (Amended by Stats. 2021, Ch. 50, Sec. 113. (AB 378) Effective January 1, 2022.)
  46. 12654.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    This section sets filing deadlines for certain civil actions, requires proof by a preponderance of the evidence, and gives some criminal guilty verdicts preclusive effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12654. (a) A civil action under Section 12652 shall not be filed more than six years after the date on which the violation of Section 12651 is committed, or more than three years after the date when facts material to the right of action are known or reasonably should have been known by the Attorney General or prosecuting authority with jurisdiction to act under this article, but in no event more than 10 years after the date on which the violation is committed, whichever of the aforementioned occurs last. (b) A civil action under Section 12652 may be brought for activity prior to January 1, 1988, if the limitations period set in subdivision (a) has not lapsed. (c) In any action brought under Section 12652, the state, the political subdivision, or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (d) Notwithstanding any other provision of law, a guilty verdict rendered in a criminal proceeding charging false statements or fraud, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, except for a plea of nolo contendere made prior to January 1, 1988, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subdivision (a), (b), or (c) of Section 12652. (e) Subdivision (b) of Section 47 of the Civil Code shall not be applicable to any claim subject to this article. (Amended by Stats. 2012, Ch. 647, Sec. 6. (AB 2492) Effective January 1, 2013.)
  47. 12654.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    A pleading filed by the Attorney General or prosecuting authority under this article can relate back to the original complaint filing date for statute-of-limitations purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12654.5. For statute of limitations purposes as provided herein, any pleading filed by the Attorney General or prosecuting authority pursuant to this article shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state or political subdivision arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. (Added by Stats. 2012, Ch. 647, Sec. 7. (AB 2492) Effective January 1, 2013.)
  48. 12655.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    This section says the article’s remedies are not exclusive and must be read liberally to promote the public interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12655. (a) The provisions of this article are not exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. (b) If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the article and the application of the provision to other persons or circumstances shall not be affected thereby. (c) This article shall be liberally construed and applied to promote the public interest. (Added by Stats. 1987, Ch. 1420, Sec. 1.)
  49. 12656.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. )

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    If this article is raised in certain appellate proceedings, the party or political subdivision that started the case must serve the Attorney General with the notice or petition and later-filed papers within three days of filing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 9. False Claims Actions [12650 - 12656] ( Article 9 added by Stats. 1987, Ch. 1420, Sec. 1. ) ## 12656. (a) If a violation of this article is alleged or the application or construction of this article is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, the person or political subdivision that commenced that proceeding shall serve a copy of the notice or petition initiating the proceeding, and a copy of each paper, including briefs, that the person or political subdivision files in the proceeding within three days of the filing, on the Attorney General, directed to the attention of the False Claims Section in Sacramento, California. (b) Timely compliance with the three-day time period is a jurisdictional prerequisite to the entry of judgment, order, or decision construing or applying this article by the court in which the proceeding occurs, except that within that three-day period or thereafter, the time for compliance may be extended by the court for good cause. (c) The court shall extend the time period within which the Attorney General is permitted to respond to an action subject to this section by at least the same period of time granted for good cause pursuant to subdivision (b) to the person or political subdivision that commenced the proceeding. (Added by Stats. 2001, Ch. 69, Sec. 1. Effective January 1, 2002.)
  50. 12657.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. )

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    This section defines “securities law” and “commodities law” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. ) ## 12657. For purposes of this article, the following terms shall have the following meanings: (a) “Securities law” shall mean the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code) and any other rule or order issued by the Commissioner of Financial Protection and Innovation under this law. (b) “Commodities law” shall mean the California Commodity Law of 1990 (Division 4.5 (commencing with Section 29500) of Title 4 of the Corporations Code) and any other rule or order issued by the Commissioner of Financial Protection and Innovation under this law. (Amended by Stats. 2022, Ch. 452, Sec. 181. (SB 1498) Effective January 1, 2023.)
  51. 12658.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. )

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    The Attorney General may sue in superior court to stop or enforce compliance with securities or commodities law violations, and the court may grant injunctions and other relief.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. ) ## 12658. (a) Whenever it appears to the Attorney General that any person has engaged or is about to engage in any act or practice constituting a violation of the securities law or the commodities law, the Attorney General may, in the Attorney General’s discretion, bring an action in the name of the people of the State of California in the superior court to enjoin the acts or practices or to enforce compliance with the securities law or the commodities law. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and a receiver, monitor, conservator, or other designated fiduciary or officer of the court may be appointed for the defendant or the defendant’s assets, or any other ancillary relief may be granted as appropriate. A receiver, monitor, conservator, or other designated fiduciary or officer of the court appointed by the superior court pursuant to this section may, with the approval of the court, exercise any or all of the powers of the defendant’s officers, directors, partners, trustees, or persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the Attorney General, or a receiver, monitor, conservator, or other designated fiduciary or officer of the court, by reason of their exercising these powers or performing these duties pursuant to the order of, or with the approval of, the superior court. (b) If the Attorney General determines it is in the public interest, the Attorney General may include in any action authorized by subdivision (a) a claim for ancillary relief, including, but not limited to, a claim for restitution or disgorgement or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award additional relief. (c) In any case in which a defendant is ordered by the court to pay restitution to a victim, the court may in its order require the payment as a money judgment, which shall be enforceable by a victim as if the restitution order were a separate civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. Any order issued under this subdivision shall contain provisions that are designed to achieve a fair and orderly satisfaction of the judgment. (Amended by Stats. 2021, Ch. 50, Sec. 114. (AB 378) Effective January 1, 2022.)
  52. 12659.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. )

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    The Attorney General may investigate securities and commodities matters, seize related business records for up to 30 days, and use subpoenas and court orders to compel evidence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. ) ## 12659. (a) The Attorney General, in their discretion, (1) may make public or private investigations within or outside of this state that the Attorney General deems necessary to determine whether any person has violated or is about to violate the securities law or the commodities law or to aid in the enforcement of these laws or in the prescribing of rules and forms by the Commissioner of Financial Protection and Innovation under these laws, and (2) may publish information concerning any violation of the securities law or the commodities law. (b) In making any investigation authorized by subdivision (a), the Attorney General may, for a reasonable time not exceeding 30 days, take possession of the books, records, accounts, and other papers pertaining to the business of any broker-dealer or investment adviser and place a keeper in exclusive charge of them in the place where they are usually kept. During this possession no person shall remove or attempt to remove any of the books, records, accounts, or other papers except pursuant to a court order or with the consent of the Attorney General, but the directors, officers, partners, and employees of the broker-dealer or investment adviser may examine them, and employees shall be permitted to make entries therein reflecting current transactions. (c) For the purpose of any investigation or proceeding under the securities law or the commodities law, the Attorney General or any officer designated by the Attorney General may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the Attorney General deems relevant or material to the inquiry. (d) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the superior court, upon application by the Attorney General, may issue to the person an order requiring the person to appear before the Attorney General, or the officer designated by the Attorney General, there to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt. (e) No person is excused from attending and testifying or from producing any document or record before the Attorney General, or in obedience to the subpoena of the Attorney General or any officer designated by the Attorney General, or in any proceeding instituted by the Attorney General, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture, but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after validly claiming the individual’s privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that an individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying. (Amended by Stats. 2022, Ch. 452, Sec. 182. (SB 1498) Effective January 1, 2023.)
  53. 12660.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. )

    Verify source ↗

    A person who violates securities or commodities law provisions may be liable for a civil penalty of up to $25,000 per violation, enforced by the Attorney General in a civil action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. ) ## 12660. (a) Any person who violates any provision of the securities law or the commodities law shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction. (b) As applied to the penalties for acts in violation of the securities law or the commodities law, the remedies provided by this section and by other sections of this article are not exclusive, and may be sought and employed in any combination to enforce the provisions of this article. (c) No action shall be maintained to enforce any liability created under subdivision (a) unless brought before the expiration of four years after the act or transaction constituting the violation. (Added by Stats. 2003, Ch. 876, Sec. 13. Effective January 1, 2004.)
  54. 12661.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. )

    Verify source ↗

    The Attorney General may take actions authorized by federal Commodity Exchange Act Section 6d, and this article does not limit those powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 10. Securities and Commodities [12657 - 12661] ( Article 10 added by Stats. 2003, Ch. 876, Sec. 13. ) ## 12661. (a) The Attorney General may take any actions as are authorized by Section 6d of the federal Commodity Exchange Act (7 U.S.C. Sec. 1 et seq.) as amended before or after the effective date of this section. (b) Nothing in this article shall be construed as a limitation on the powers of the Attorney General under this division or any other law administered by the Attorney General. (Added by Stats. 2003, Ch. 876, Sec. 13. Effective January 1, 2004.)
  55. 127.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The State Lands Commission must prepare and keep an adequate index or record of documents about lands where the United States acquired jurisdiction.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 127. In addition to other records maintained by the State Lands Commission, the commission shall prepare and maintain an adequate index or record of documents with description of the lands over which the United States acquired jurisdiction pursuant to Section 126 of this code or pursuant to any prior state law. Said index shall record the degree of jurisdiction obtained by the United States for each acquisition. (Added by Stats. 1951, Ch. 875.)
  56. 12700.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. )

    Verify source ↗

    This section defines “disaster” and “unavailable” for the chapter on succession to constitutional offices.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. ) ## 12700. As used in this chapter “disaster” means a war or enemy-caused calamity, such as an attack by nuclear weapons, which renders unavailable the Lieutenant Governor, or the Attorney General, or the Secretary of State, or the Treasurer, or the Controller. “Unavailable” means that any such officer is either killed, missing, or so seriously injured as to be unable to perform that officer’s duties. (Amended by Stats. 2021, Ch. 50, Sec. 115. (AB 378) Effective January 1, 2022.)
  57. 12701.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. )

    Verify source ↗

    Certain constitutional officers must file with the Secretary of State the names of 3 to 7 qualified citizen successors, and appointees must later take an oath and file a sworn acceptance within 30 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. ) ## 12701. As soon as practicable after the effective date of this chapter, and thereafter as soon as practicable after election and qualification to office, each of the constitutional officers named in Section 12700 shall appoint and designate by filing with the Secretary of State the names of at least three and not more than seven citizens qualified to become candidates to the office as their respective successors in the event that such officer is unavailable as a result of disaster. Any such appointee may be replaced by the appointing officer at any time and for any reason. The appointees of the Attorney General may include persons holding the Office of Assistant Attorney General. The appointees of the Controller, Secretary of State, and Treasurer may include persons holding office as their deputies or assistants. In making appointments each constitutional officer shall give consideration to the places of residence and employment of the officer’s appointees and shall appoint from different parts of the state so that for each office for which appointments are made there shall be the greatest probability of survival in the event of a disaster of some or all of the appointees. The names of the persons designated pursuant to this section shall be submitted to, and be subject to confirmation by, the Senate as soon as possible after that designation is made. Each person appointed as provided in this section shall take the oath of office and shall deliver to the Secretary of State within 30 days after appointment a written declaration under oath that the appointee accepts the appointment and will faithfully perform the obligations imposed upon the appointee thereby. (Amended by Stats. 2021, Ch. 50, Sec. 116. (AB 378) Effective January 1, 2022.)
  58. 12702.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. )

    Verify source ↗

    If a constitutional officer who has named successors becomes unavailable because of a disaster, the office’s powers and duties pass to the appointees in the stated order, and the appointee must say they are taking the duties and take the oath.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. ) ## 12702. If a constitutional officer who has appointed successors as provided in this chapter becomes unavailable because of a disaster, the powers and duties of the officer’s office shall devolve upon one of the officer’s appointees in the order specified in making the appointments and that person shall declare that that person is undertaking the duties of the office and take and subscribe the oath therefor; provided, however, that an appointee so designated may declare that the appointee is undertaking the office and take the prescribed oath if no person prior in such order of succession enters upon the office within seven days after the incumbent thereof becomes unavailable. (Amended by Stats. 2021, Ch. 50, Sec. 117. (AB 378) Effective January 1, 2022.)
  59. 12703.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. )

    Verify source ↗

    Certain state officers must name the order of deputy or assistant successors, and a designated deputy or assistant must step in and take the oath if the office becomes unavailable due to disaster.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. ) ## 12703. The Attorney General, Secretary of State, Treasurer, and Controller shall, in addition to the appointments required to be made by Section 12701, designate the order in which persons holding office as their deputies or assistants, and not appointed under Section 12701, shall serve as their respective successors in the event that such officer and the successors appointed by the officer under Section 12701 are unavailable as a result of disaster. If any such officer and the successors appointed by the officer under Section 12701 are unavailable as a result of disaster, the powers and duties of the officer’s office shall devolve upon one of those deputies or assistants in the order designated and that person shall declare that that person is undertaking the duties of the office and take and subscribe the oath therefor; provided, however, that any such deputy or assistant may declare that that deputy or assistant is undertaking the office and take the prescribed oath if none prior in order of succession enters upon the office within seven days after the incumbent thereof becomes unavailable. (Amended by Stats. 2021, Ch. 50, Sec. 118. (AB 378) Effective January 1, 2022.)
  60. 12704.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. )

    Verify source ↗

    An acting constitutional officer must perform the office’s duties and may receive its salary and perquisites while serving, but is not deemed to hold that office for the cited constitutional succession rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster [12700 - 12704] ( Chapter 7 added by Stats. 1959, Ch. 2061. ) ## 12704. Any such person shall, while holding the office, be known as Acting Lieutenant Governor, Acting Attorney General, Acting Secretary of State, Acting Treasurer, and Acting Controller, as the case may be, and shall perform the duties of the office and receive the salary and perquisites thereof while so serving, but shall not be deemed to hold that office within the meaning of Section 21 of Article IV of the Constitution relating to succession to the governorship. An acting constitutional officer shall continue to serve as such until the disabled officer resumes office, or a person prior in the order of succession declares that that person is undertaking the office and takes the oath therefor, or until the office is filled at the next election that is held for that office and a person is elected and qualifies for the particular constitutional office. (Amended by Stats. 2021, Ch. 50, Sec. 119. (AB 378) Effective January 1, 2022.)
  61. 12710.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. )

    Verify source ↗

    This section states legislative findings about agriculture, farmworkers, and the need to address related challenges in California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. ) ## 12710. In enacting this chapter, the Legislature finds and declares: (a) Agriculture is both a major industry and employer in California. (b) Farmworkers are an essential component of a successful and sustainable agricultural industry. (c) There are approximately 420,000 farmworkers in California. (d) It is important for California to address the challenges faced by farmworkers and the agricultural industry. (e) California has long been an agricultural model for modern agriculture, adapting to meet 21st century challenges and needs with broadly shared benefits for consumers, agricultural employers, and workers. (Added by Stats. 2021, Ch. 203, Sec. 1. (AB 941) Effective January 1, 2022.)
  62. 12711.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. )

    Verify source ↗

    This section defines “Center,” “Department,” and “Program” for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. ) ## 12711. For purposes of this chapter, the following definitions apply: (a) “Center” means a farmworker resource center. (b) “Department” means the Department of Community Services and Development. (c) “Program” means the grant program established and administered by the department pursuant to this chapter. (Added by Stats. 2021, Ch. 203, Sec. 1. (AB 941) Effective January 1, 2022.)
  63. 12712.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. )

    Verify source ↗

    If the Legislature appropriates funds, the department must set up and run a grant program for eligible counties to create and fund farmworker resource centers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. ) ## 12712. (a) Upon appropriation by the Legislature, the department shall establish and administer a grant program for eligible counties to establish and fund farmworker resource centers that provide information and access to services described in subdivision (b) to farmworkers and their families. (b) Services provided at a center may include, but are not limited to, the following: (1) Assistance in filing with all state or local agencies that serve farmworkers, including in filing paperwork with state or local agencies, if deemed appropriate by the county. (2) Referrals to organizations, including legislative offices and community-based organizations. (3) Providing resources and answering questions regarding programs related to labor and employment rights, education, housing, utilities, immigration, and health and human services, including, but not limited to, food security, mental health, and childcare assistance. (c) A center may provide services to farmworkers at a brick and mortar location that is in an area accessible to the farmworker community being served in the county or through a mobile center to conduct outreach where farmworkers live and work. (Added by Stats. 2021, Ch. 203, Sec. 1. (AB 941) Effective January 1, 2022.)
  64. 12713.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. )

    Verify source ↗

    A county is eligible for program funding only if it meets several conditions, including working with community-based organizations, contributing 25% of program funding, and requiring certain language and reporting services from the center.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. ) ## 12713. To be eligible for funding under the program a county shall do all of the following: (a) Work with local or statewide community-based organizations in order to develop the center. (b) Provide 25 percent of the center’s program funding under this chapter. (c) Require the center to provide services in at least English and Spanish. Centers funded through the program are encouraged to provide services in additional languages as requested by the relevant community-based organizations. (d) Require the center to provide an assessment of the population the center would serve, including, but not limited to, an assessment of languages other than English or Spanish that would be accommodated by the center. (e) Require the center to maintain a cost-effective database to track the number and type of calls received, referrals made, and claims filed, and to monitor local trends. (Added by Stats. 2021, Ch. 203, Sec. 1. (AB 941) Effective January 1, 2022.)
  65. 12714.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. )

    Verify source ↗

    The department must convene a workgroup, develop grant-evaluation standards, approve awardees using those metrics, spread initial grants across different regions, and evaluate awardees within 18 months after a center is established.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 8. Farmworker Resource Center Grant Program [12710 - 12714] ( Chapter 8 added by Stats. 2021, Ch. 203, Sec. 1. ) ## 12714. (a) To help inform the establishment and administration of the program, the department shall convene and facilitate a workgroup that includes, but is not limited to, the following representatives: (1) A nonmanagement representative from an existing farmworker resource center. (2) Three representatives from community-based organizations with a history of serving the farmworker communities. (3) A representative from a community-based organization that works with indigenous farmworkers. (4) A representative from the Labor and Workforce Development Agency. (5) A representative from a local public health department. (6) A representative from the County Welfare Directors Association of California. (7) A representative from the farming community. (b) The working group and the department shall do both of the following: (1) Develop common indicators and metrics for the evaluation of grant applications. (2) Develop standards and metrics for the evaluation of awardees for the purpose of ensuring that awardees use grant funds pursuant to this chapter. (c) The department shall do all of the following: (1) Determine and approve awardees based on the metrics and indicators established pursuant to paragraph (1) of subdivision (b). (2) Ensure that initial grants are awarded to counties in different regions of the state. (3) Using the standards and metrics established pursuant to paragraph (2) of subdivision (b), evaluate awardees within 18 months after an awardee has established a center. (Added by Stats. 2021, Ch. 203, Sec. 1. (AB 941) Effective January 1, 2022.)
  66. 12725.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section says the chapter may be cited as the California Community Services Block Grant Program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12725. This chapter may be cited as the California Community Services Block Grant Program. (Added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. Effective October 18, 1983. Repealed conditionally as prescribed by Section 12790.)
  67. 12726.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section authorizes the Governor of California to take responsibility for the Community Services Block Grant and says the program should be run on a community self-help principle.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12726. (a) The purpose of this chapter is to provide authorization for the Governor of the State of California to assume responsibility for the Community Services Block Grant (Subtitle B, Title VI, Public Law 97-35, as amended), and to further provide for the state to implement this block grant in conformity with the principles, purposes, and policies of the California Community Services Block Grant Program set forth herein. (b) The Legislature intends that the California Community Services Block Grant Program shall be governed by the principle of community self-help, thereby promoting new economic opportunities for Californians living in poverty through well planned, broadly based and locally controlled programs of community action. (Amended by Stats. 1987, Ch. 1436, Sec. 1. Repealed conditionally as prescribed by Section 12790.)
  68. 12727.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The section says California Community Services Block Grant Program eligible entities must carry out their activities for specified basic and specific purposes focused on self-sufficiency and poverty reduction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12727. All activities of the California Community Services Block Grant Program eligible entities shall have the following basic and specific purposes: (a) The basic purpose of this chapter is to stimulate an effective concentration of all available local, state, private, and federal resources upon the goal of enabling low-income families, and low-income individuals of all ages, in rural and urban areas to attain the skills, knowledge, and motivations and to secure the opportunities needed for them to become fully self-sufficient. (b) The specific purposes of this chapter are to promote, as methods of achieving an effective concentration of resources on the goal of individual and family self-sufficiency, the following: (1) The strengthening of community capabilities for planning and coordinating federal, state, private, and other assistance related to the elimination of poverty, so that this assistance, through the efforts of local officials, organizations, and interested and affected citizens, can be made more responsive to local needs and conditions. (2) The coherent organization of a range of services related to the needs of the poor, so that these services may be made more effective and efficient in helping families and individuals to overcome poverty-related problems in a way that takes into account, and supports, their progress in overcoming identified causes of poverty. (3) The implementation, subject to adequate evaluation, of new types of services and innovative approaches toward eliminating causes of poverty, so as to develop increasingly effective methods of employing available resources. (4) Maximum feasible participation of members of the groups and residents of the low-income areas to be served by programs and projects in the development and implementation of those programs and projects, in order to assure that all programs and projects are meaningful to, and widely utilized by, their intended beneficiaries. (5) The broadening of the resource base directed towards the elimination of poverty, so as to secure, in addition to the services and assistance of public officials, private religious, charitable, and neighborhood organizations, and individual citizens, a more active role for business, labor, and professional groups able to provide employment opportunities or otherwise influence the quantity and quality of services of concern to the poor. (c) It is the finding of the Legislature that these state purposes and the intent of the federal Community Services Block Grant will best be served by enacting the program policies and requirements contained in this chapter. (Amended by Stats. 2007, Ch. 46, Sec. 4. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  69. 12728.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section says the chapter overrides conflicting laws on the same subject matter, including certain federal economic opportunity programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12728. Notwithstanding any other provision of law, the provisions of this chapter shall supersede and prevail over any provisions of law relating to or in any way dealing with the subject matter of this chapter or federal economic opportunity programs which were repealed by federal Public Law 97-35, as amended. (Amended by Stats. 1987, Ch. 1436, Sec. 1.2. Repealed conditionally as prescribed by Section 12790.)
  70. 12729.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter still remains effective if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 1. General Provisions [12725 - 12729] ( Article 1 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12729. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. Effective October 18, 1983. Repealed conditionally as prescribed by Section 12790.)
  71. 12730.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 2. Definitions [12730- 12730.] ( Article 2 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the Community Services Block Grant chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 2. Definitions [12730- 12730.] ( Article 2 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12730. For the purposes of this chapter, the following definitions apply: (a) “Community Services Block Grant” refers to the federal funds and program established by the federal Community Services Block Grant Program in the Omnibus Budget Reconciliation Act of 1981, as contained in Public Law 97-35, as that law has been amended from time to time and as currently codified as Section 9901 et seq. of Title 42 of the United States Code. (b) “Contract” means the written document incorporating the terms and conditions under which the department agrees to provide financial assistance to an eligible entity. Upon its cosigning by authorized agents of the department and the eligible entity, and subsequent approval by the Department of General Services pursuant to Section 10295 of the Public Contract Code, a contract shall be deemed to be valid and enforceable. (c) “Director” means the Director of Community Services and Development. (d) “Delegate agency” or “subcontractor” means a private nonprofit organization or public agency that operates one or more projects funded under this chapter pursuant to a contractual agreement with an eligible entity. (e) “Department” means the Department of Community Services and Development established pursuant to Article 8 (commencing with Section 12085) of Chapter 1. (f) “Designation” means the formal selection of a proposed community action agency by the director, as provided in Section 12750.1. (g) “Eligible entity” means an agency or organization, as defined in Section 9902 of Title 42 of the United States Code, as amended, and may include a private nonprofit organization or public agency that operates one or more projects funded under this chapter pursuant to a contract with the department. (h) “Eligible beneficiaries” means all of the following: (1) All individuals living in households with incomes not to exceed the maximum allowable income eligibility level as a percentage of the poverty line that a state may adopt, as defined in Section 9902 of Title 42 of the United States Code, as amended. (2) All individuals eligible to receive Temporary Assistance for Needy Families under the state’s plan approved under Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) or assistance under Part A of Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.). (3) Residents of a target area or members of a target group having a measurably high incidence of poverty and that is the specific focus of a project financed under this chapter. (i) “Financial assistance” means money provided by the department to an eligible entity, pursuant to an approved contract, in order to enable the eligible entity to accomplish its planned and approved work program. (j) “Political subdivision” shall generally be deemed to mean county government, with the following exceptions: (1) In any county that, prior to October 1, 1981, had more than one designated community action agency, each unit of local government that contained a designated community action agency shall continue to operate as a “political subdivision” under this chapter. (2) Any county having fewer than 50,000 population according to the most recent census available may be deemed by the department to be part of a larger “political subdivision” comprising two or more counties if the department determines that to do so would best serve the purposes of this chapter, and may participate in the designation process for a multicounty community action agency. (k) “Secretary” means the Secretary of the United States Department of Health and Human Services. (l) “Standards of effectiveness” are the general standards, derived from the purposes of this chapter and the assurances and certifications made by the state to the secretary in the state plan, as further stated in subdivision (g) of Section 12745, and as they may be more specifically defined in regulation, toward which all programs and projects funded under this chapter shall be directed and against which they will be assessed. (m) “State plan” means the plan required to be submitted to the secretary to secure California’s allotment of Community Services Block Grant funds, which shall be prepared and reviewed pursuant to the requirements of this chapter. (n) “Uncapped area” means any county or portion of a county for which no community action agency has been designated and recognized. (Amended by Stats. 2021, Ch. 85, Sec. 7. (AB 135) Effective July 16, 2021. Repealed conditionally as prescribed by Section 12790.)
  72. 12735.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 3. State Application and Assurances [12735 - 12738] ( Article 3 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The Governor must submit an application with the required assurances and certification to the secretary, in whatever form the secretary requires.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 3. State Application and Assurances [12735 - 12738] ( Article 3 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12735. (a) The Governor shall submit an application containing the assurances and certification required under Section 12736 to the secretary in any form the secretary may require pursuant to Section 9908 of Title 42 of the United States Code, as amended. (b) Since under the terms of Section 9901 et seq. of Title 42 of the United States Code, as amended, the secretary may not prescribe the manner in which states shall comply with the provisions set forth in subdivision (a), it is the intent of the Legislature that California’s manner of compliance shall be controlled in the first instance by this chapter, and further by the state plan and any regulations that may be promulgated by the department, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Division 2 of Title 3. (c) The state administering agency for the California Community Services Block Grant Program shall be the Department of Community Services and Development. (Amended by Stats. 2007, Ch. 46, Sec. 6. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  73. 12736.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 3. State Application and Assurances [12735 - 12738] ( Article 3 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The state must make a grant application that includes assurances and explanations, follow specific funding and oversight rules, and prohibit political and voter-assistance activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 3. State Application and Assurances [12735 - 12738] ( Article 3 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12736. For the purposes of Section 12735, the application shall contain assurance and certification that the state shall comply with all of the items listed below. The application shall include information as to how each assurance will be carried out. (a) Conduct legislative hearings on the proposed use and distribution of Community Services Block Grant funds prior to the submission of each application. (b) Use Community Services Block Grant funds as provided in Section 12745. (c) Use not less than 90 percent of the Community Services Block Grant funds allotted to the state to make grants to eligible entities that meet the provisions of Section 9901 et seq. of Title 42 of the United States Code, as amended. (d) Expend not more than 5 percent of the state’s allotment for administrative costs at the state level. (e) Assure that any community action agency or migrant and seasonal farmworker organization that received financial assistance in the previous fiscal year under this chapter shall not have its present or future financial assistance terminated pursuant to this chapter unless, after notice and opportunity for hearing on the record, the department determines that cause existed for the termination, subject to review by the secretary, as provided in Sections 9908 and 9915 of Title 42 of the United States Code, as amended. (f) Give special consideration, as defined in Section 9909(b) of Title 42 of the United States Code, in the designation of local community action agencies to any community action agency that was receiving funds under any federal antipoverty program on the date of the enactment of federal Public Law 97-35, except that the state shall, before giving special consideration, determine that the agency involved meets program and fiscal requirements established by the state. If there is no such agency because of any change in the assistance furnished to programs for economically disadvantaged persons, the state shall give special consideration in the designation of community action agencies to any successor agency that is operated in substantially the same manner as the predecessor agency that did receive funds in the fiscal year preceding the fiscal year for which the determination is made. (g) Decline to avail itself of permission to transfer Community Services Block Grant funds, not to exceed 5 percent of the state’s allotment, to other specified programs. (h) Prohibit any political activities in accordance with Section 9918 of Title 42 of the United States Code, as amended. (i) Prohibit any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity. (j) Prohibit the use of funds in accordance with Section 9920(c) of Title 42 of the United States Code, as amended, and as further defined in Part 87 of Title 45 of the Code of Federal Regulations, as amended. (k) Provide for coordination between antipoverty programs in each community, where appropriate, with emergency energy crisis intervention programs under Title XXVI of federal Public Law 97-35, as amended, (relating to low-income home energy assistance) conducted in that community. (l) Provide that fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for federal funds paid to the state under this chapter, including procedures for monitoring the assistance provided under this chapter, and provide that at least every year the state shall prepare, in accordance with Public Law 98-502 (Single Audit Act of 1984), as amended, an audit of expenditures under this chapter of amounts received under the Community Services Block Grant and amounts transferred to carry out the purposes of the Community Services Block Grant. (m) Permit and cooperate with federal investigations undertaken in accordance with Public Law 97-35, as amended. (Amended by Stats. 2007, Ch. 46, Sec. 7. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  74. 12738.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 3. State Application and Assurances [12735 - 12738] ( Article 3 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The Department of Community Services and Development may issue regulations, make grants, and enter contracts when needed to carry out its responsibilities under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 3. State Application and Assurances [12735 - 12738] ( Article 3 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12738. In addition to the general powers vested in the Department of Community Services and Development by Section 12087, the department may promulgate regulations, make grants, and enter into contracts as necessary and appropriate to carry out its responsibilities under this chapter. (Amended by Stats. 2007, Ch. 46, Sec. 8. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  75. 12740.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 4. State Plan and Legislative Hearings [12740 - 12742] ( Article 4 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The department must prepare a state plan for the California Community Services Block Grant Program and include the listed planning, funding, review, and reporting information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 4. State Plan and Legislative Hearings [12740 - 12742] ( Article 4 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12740. The department shall prepare a state plan for the California Community Services Block Grant Program, as required by the secretary, which shall include all of the following: (a) A statement of goals and objectives. (b) Information on the types of activities to be supported, geographic areas to be served, and categories or characteristics of individuals to be served. (c) The criteria and method established for the distribution of funds, including details on how the distribution of funds will be targeted on the basis of need. (d) A description of how the state plan for the previous program period has met the goals, objectives and needs identified in the prior state plan through the use of funds in that program period. (e) A description of the process by which the state plan has been developed, distributed and reviewed by both the general public, groups and individuals with an interest in the state’s Community Services Block Grant Program, and the Legislature. (f) An explanation of how critical comment was received, reviewed, and either incorporated or rejected by the department prior to final submission of the state plan. (g) The department’s most current information regarding the projected federal Community Services Block Grant allocation to the state. (h) A report of current and planned expenditures of discretionary funds. (Amended by Stats. 2007, Ch. 46, Sec. 9. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  76. 12741.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 4. State Plan and Legislative Hearings [12740 - 12742] ( Article 4 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The state plan must identify eligible activities and entities, reflect community action plans, and the department must support legislative hearings, adjust the plan for comments, and send the final plan to the secretary and others.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 4. State Plan and Legislative Hearings [12740 - 12742] ( Article 4 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12741. The state’s planning process shall include the following: (a) The state plan shall identify eligible activities and the eligible entities that will conduct those activities in order to meet the general goals of the California Community Services Block Grant Program and the specific goals of the program. The plan shall, particularly with respect to subdivision (d) of Section 12740, reflect the aggregate of community action plans in order to fairly represent the most essential characteristic of the California Community Services Block Grant Program, which is its adherence to the principle of community self-help. (b) The appropriate policy committee of the Assembly or the Senate, or both, shall conduct one or more public hearings on the proposed use and distribution of funds provided under the California Community Services Block Grant Program. Prior to the hearing, the department shall forward to the policy committees a list of the activities it has identified as statewide priorities pursuant to subdivision (e) of Section 12745, in order to notify the Legislature and the public of the issues to be addressed by the department at each hearing. The chairs of the policy committees may request additional issues to be reported on by the department. The hearings shall be conducted in such a manner as to satisfy the legislative hearing requirement of federal Public Law 97-35, as amended, and to give the Legislature an opportunity to certify that the state plan conforms to the requirements of this chapter. At the discretion of the respective chairs, the policy committees may hold a single or joint hearing, or both, to satisfy the requirements of this section. (c) The department shall make adjustments to the state plan as a result of public comments presented at the legislative hearing as well as written comments that are submitted to the department. The department shall identify all testimony presented by the poor, and shall state whether the concerns expressed by the testimony have been included in the plan. If any of those concerns have not been included in the plan, the department shall specify in the plan the reasons for the rejection of those concerns. Concerns shall only be rejected if there is good cause for the rejection. (d) The committees conducting the hearings pursuant to subdivision (b) shall determine whether the concerns of the poor have been included in the state plan, as adjusted, or rejected for good cause. Before the final state plan is submitted to the secretary, the chairs of the committees conducting hearings shall certify that the state plan conforms with the requirements of this chapter. (e) Upon receiving the certification required in subdivision (d), the department shall submit the final state plan, as required by Section 9908 of Title 42 of the United States Code, as amended, to the secretary, and shall provide a copy to all eligible entities and state legislators no more than one week thereafter. (Amended by Stats. 2007, Ch. 46, Sec. 10. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  77. 12742.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 4. State Plan and Legislative Hearings [12740 - 12742] ( Article 4 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The department may amend the current state plan during the program year if proposed amendments and reasons are sent to all eligible entities and state legislators for comment at least 45 days before submission to the secretary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 4. State Plan and Legislative Hearings [12740 - 12742] ( Article 4 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12742. The current state plan may be amended by the department at any time during the program year, provided that any proposed amendments, together with the reasons therefor, are distributed to all eligible entities and state legislators for a 30-day comment period commencing at least 45 days prior to their planned date of submission to the secretary. (Amended by Stats. 2007, Ch. 46, Sec. 11. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  78. 12745.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 5. Eligible Activities [12745 - 12747] ( Article 5 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section says eligible community service activities must be aimed at significantly reducing poverty, and eligible entities must choose and propose projects through local planning. The department may set statewide priorities, and eligible entities may set their own program priorities within local needs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 5. Eligible Activities [12745 - 12747] ( Article 5 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12745. (a) Eligible activities for which financial assistance may be obtained pursuant to this chapter shall be designed to have a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem. These activities shall be designed to assist low-income participants to do all the following: (1) Secure and retain meaningful employment. (2) Attain an adequate education. (3) Make better use of available income. (4) Obtain and maintain adequate housing and suitable living environment subject to Section 12788. (5) Obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and employment-related assistance subject to Section 12788. (6) Remove obstacles and solve problems that block the achievement of self-sufficiency. (7) Achieve greater participation in the affairs of the community. (8) Address the needs of youth in low-income communities. (9) Make more effective use of other programs related to the purposes of this chapter. (b) Additionally, activities shall be designed to do all of the following: (1) Provide on an emergency basis for the provision of the supplies and services, nutritious foodstuffs, and related services, as may be necessary to counteract conditions of starvation and malnutrition among the poor. (2) Coordinate and establish linkages between governmental and other social services programs to ensure the effective delivery of those services to low-income individuals. (3) Encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community. (c) Each eligible entity shall, through the local planning process, select and propose for funding the programs or projects that, in its judgment, will produce the maximum impact on its community. (d) Entities eligible for funding under Article 9 (commencing with Section 12775) are limited purpose agencies that need not respond to the broad range of eligible activities but may provide specialized training, technical assistance, and support services to enhance the effectiveness of community action programs, migrant and seasonal farmworker programs, and American Indian programs. (e) The department may prescribe statewide priorities among eligible activities or strategies that shall be considered and addressed in the local planning process and described in the community action plan submitted to the state. Each eligible entity shall be authorized to set its own program priorities in conformance to its own determination of local needs. (f) If no other entity in the community provides those services, eligible entities under Article 6 (commencing with Section 12750), Article 7 (commencing with Section 12765), or Article 8 (commencing with Section 12770) shall provide a minimum level of services to help the poor receive the benefits for which they are eligible under health, food, income, and housing assistance programs designed to meet the basic survival needs of the poor subject to Section 12788. These services shall include, but shall not be limited to, all of the following: (1) A service to help the poor complete the various required application forms, and, when necessary and possible, to help them gather verification of the contents of completed applications. (2) A service to explain program requirements and client responsibilities in programs serving the poor. (3) A service to provide transportation, when necessary and possible. (4) A service that does all things necessary to make the programs accessible to the poor, so that they may become self-sufficient. (g) Standards of effectiveness to be addressed and attained in setting goals and assessing accomplishments are: (1) Strengthened community capabilities for planning and coordinating so as to ensure that available assistance related to the elimination of poverty can be more responsive to local needs and conditions. (2) Better organization of services related to the needs of the poor. (3) Maximum feasible participation of the poor in the development and implementation of all programs and projects designed to serve the poor. (4) Broadened resource base of programs directed to the elimination of poverty so as to include all elements of the community able to influence the quality and quantity of services to the poor. (5) Greater use of new types of services and innovative approaches in attacking causes of poverty, so as to develop increasingly effective methods of employing available resources. (6) Maximum employment opportunity, including opportunity for further occupational training and career development for residents of the area and members of the groups served. (7) Those programmatic and fiscal standards set by the department through regulation that are necessary to enable the department to demonstrate the assurances and certifications it makes to the secretary in the state plan. (h) In administering the California Community Services Block Grant Program, the department shall enforce all the programmatic and fiscal requirements and standards of effectiveness provided by this chapter, except that no eligible entity shall be determined to be out of compliance with programmatic or fiscal requirements established by the department until those requirements and standards are published for review and comment by the eligible entities and until eligible entities are afforded a reasonable opportunity to comply therewith. (Amended by Stats. 2019, Ch. 866, Sec. 1. (AB 1783) Effective January 1, 2020. Repealed conditionally as prescribed by Section 12790.)
  79. 12747.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 5. Eligible Activities [12745 - 12747] ( Article 5 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Eligible entities must develop community action plans, submit grant applications by June 30 each year, and some must hold local public hearings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 5. Eligible Activities [12745 - 12747] ( Article 5 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12747. (a) Community action plans shall be developed by eligible entities as required by the secretary and the director using processes that assess poverty-related needs, available resources, and feasible goals and strategies, and that yield program priorities consistent with standards of effectiveness established for this program. Community action plans shall identify eligible activities to be funded in the program service areas and the needs that each activity is designed to meet. Community action plans shall provide for the contingency of reduced federal funding. (b) All eligible entities shall submit their grant applications, including local plan and report of the public hearing, if required, to the department no later than June 30 of each year. (c) Each eligible entity not serving a statewide area shall conduct a local public hearing for the purpose of reviewing the local plans of all eligible entities located or operating within a political subdivision served or proposed to be served pursuant to this chapter. (d) Eligible entities holding hearings pursuant to this article shall identify all testimony presented by the poor, and shall determine whether the concerns expressed by that testimony have been addressed in the plan. If the agency determines that any of these concerns have not been included in the plan, it shall specify in its response to the plan information about those concerns and comment as to their validity. (Amended by Stats. 2007, Ch. 46, Sec. 13. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  80. 12750.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    A community action agency must be a nonprofit agency designated by the director, have a qualifying tripartite board, and have the ability to plan, run, and evaluate a community action program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12750. (a) A community action agency shall be a public or private nonprofit agency that fulfills all of the following requirements: (1) Has been designated by the director to operate a community action program. (2) Has a tripartite board structure meeting the requirements of Section 12751. (3) Has the power, authority, and capability to plan, conduct, administer, and evaluate a community action program, including the power to enter into contracts with other public and private nonprofit agencies and organizations to assist in fulfilling the purposes of this chapter. (b) A community action program is a locally planned and operated program comprising a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem. (c) Component services and activities of a community action program may be administered directly by the community action agency, or by other agencies pursuant to delegation or subcontractual agreements with the eligible entity. They may be projects eligible for assistance under this chapter, or projects assisted from other public or private sources, and they may be either specially designed to meet local needs, or designed pursuant to the eligibility standards of the state or federal program providing assistance to a particular kind of activity that will help in meeting those needs. (d) For the purpose of this chapter, a community may be a city, county, multicity or multicounty unit, that provides a suitable organizational base and possesses the commonality of interest needed for a community action program. (Amended by Stats. 2007, Ch. 46, Sec. 14. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  81. 12750.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The director may not designate a new community action agency for a place already served by one unless specified exceptions apply, and must designate a replacement within 90 days if an existing agency’s designation is revoked.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12750.1. (a) No new community action agency may be designated by the director for a political subdivision that is served by an existing community action agency unless any of the following exist: (1) The political subdivision is informed in writing by the director that the existing community action agency has failed to comply, after having a reasonable opportunity to do so, with the requirements of this chapter, subject to paragraph (5) of subdivision (c) of Section 12781. (2) The political subdivision is informed by its existing community action agency that because of changes in assistance furnished to programs to economically disadvantaged persons it can no longer operate a satisfactory community action program. (3) The director is petitioned by significant numbers of eligible beneficiaries to reconsider its existing designation and, based on that reconsideration, determines to designate an alternate community action agency. (b) In the event that the designation of an existing community action agency is revoked, the director shall designate a new community action agency within a period of 90 days after the effective date of the revocation, subject to Section 12750.2. (c) New community action agency designations may be made in political subdivisions or combinations of political subdivisions in a county or portion thereof for which no community action agency has been designated provided that the community to be served has a population of at least 50,000, as determined by the Bureau of Census from the most recent available census or survey. The director may waive the general requirement that the community to be served have a population of at least 50,000 in those instances where no practical grouping of contiguous political subdivisions can be made in order to meet that requirement. (d) A private nonprofit agency that serves a political subdivision or combination of political subdivisions having more than 50,000 population shall be entitled to petition the department for state designation as a community action agency, provided it has a governing board meeting community action agency requirements and has the capability to plan, conduct, administer, and evaluate a community action program. (Amended by Stats. 2007, Ch. 46, Sec. 15. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  82. 12750.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The director must designate an organization to serve areas where community action programs stop being provided, using a process that includes notice, a request for proposals, and inviting the political subdivision to review proposals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12750.2. For purposes of serving any area of the state in which community action programs cease to be provided, the director shall designate an organization in accordance with Section 9909 of Title 42 of the United States Code, as amended, and through a process that shall include all of the following: (a) Notice of intent to designate. (b) Request for proposals by any political subdivision or by any other qualified organization that can demonstrate adequate representation of low-income individuals in the development, planning, implementation, and evaluation of the community action program. (c) Invitation to the political subdivision to participate in the review of the proposals. (Amended by Stats. 2007, Ch. 46, Sec. 16. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  83. 12751.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Community action agencies must maintain a board of directors that meets specific composition rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12751. Each community action agency shall have a board of directors conforming to the following requirements: (a) One-third of the members of the board are elected public officials, currently holding office, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive public officials may be counted in meeting this requirement. (b) At least one-third of the members are persons chosen in accordance with democratic selection procedures outlined in regulations promulgated by the department to assure that the members represent the poor and reside in the area served. (c) The remainder of the members are officials or members of business, industry, labor, religious, human services, education, or other major groups and interests in the community. (Amended by Stats. 2007, Ch. 46, Sec. 17. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  84. 12752.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The nonprofit community action agency’s tripartite governing board has power to appoint the executive director and set major personnel, fiscal, and program policies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12752. The powers of the tripartite governing board of the nonprofit community action agency shall include the power to appoint the executive director, to determine major personnel, fiscal, and program policies, to approve overall program plans and priorities, and to assure compliance with conditions of and approve proposals for financial assistance under this chapter. (Added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. Effective October 18, 1983. Repealed conditionally as prescribed by Section 12790.)
  85. 12752.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    If a political subdivision or local government is designated as a community action agency, it must create and work with a tripartite board, and it may delegate some board powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12752.1. (a) If a political subdivision or local government is designated as a community action agency, it shall do all of the following: (1) Establish a tripartite advisory or administering board to provide input to the political subdivision or local government regarding the activities of the community action agency. (2) Share with its tripartite board the determination of the community action agency’s program plans and priorities. (3) Provide for the participation of the tripartite board in the selection of the executive director of the community action agency, unless prohibited by local law, city charter, or civil service procedure. (b) The political subdivision or local government may, consistent with general and local law, delegate any or all of the following powers to the tripartite board: (1) To determine its own rules and procedures and to select its own officers and executive committee. (2) To determine, subject to the ratification of designating officials, the community action agency’s major personnel, organizational, fiscal, and program policies. (3) To approve, subject to the ratification of designating officials, all program proposals, budgets and subcontractor agreements. (4) To oversee the extent and the quality of the participation of the poor in the programs of the community action agency. (Amended by Stats. 2007, Ch. 46, Sec. 18. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  86. 12753.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Community action agencies must adopt procedures for broad community involvement and fair participation on the tripartite board, and they must set up a petition process for groups that believe they are underrepresented.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12753. (a) Each community action agency shall adopt procedures to provide a continuing and effective mechanism for securing broad community involvement in programs assisted under this act and for ensuring that all groups or elements represented on the tripartite board have a full and fair opportunity to participate in decisions affecting those programs. (b) Community action agencies shall establish procedures under which community agencies and representative groups of the poor that feel themselves inadequately represented on the tripartite board may petition for adequate representation. (Amended by Stats. 2007, Ch. 46, Sec. 19. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  87. 12754.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    A community action agency must carry out specified functions for a community action program, including planning, assisting related agencies, starting unmet-needs projects, supporting resident participation, and working with private groups and officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12754. In exercising its powers and carrying out its overall responsibility for a community action program, a community action agency shall have, subject to the purposes of this chapter, at least the following functions: (a) Planning systematically for and evaluating the program, including actions to develop information as to the problems and causes of poverty in the community, determine how much and how effectively assistance is being provided to deal with those problems and causes, and establish priorities among projects, activities, and areas as needed for the best and most efficient use of resources. (b) Encouraging agencies engaged in activities related to the community action program to plan for, secure, and administer assistance available under this chapter or from other sources on a common or cooperative basis; providing planning or technical assistance to those agencies; and generally, in cooperation with community agencies and officials, undertaking actions to improve existing efforts to overcome poverty. (c) Initiating and sponsoring projects responsive to needs of the poor that are not otherwise being met. (d) Establishing effective procedures by which the poor and area residents concerned will be enabled to influence the character of programs affecting their interests, providing for their regular participation in the implementation of those programs, and providing technical and other support needed to enable the poor and neighborhood groups to secure on their own behalf available assistance from public and private sources. (e) Joining with and encouraging business, labor, and other private groups and organizations to undertake, together with public officials and agencies, activities, in support of the community action program that will result in the additional use of private resources and capabilities, with a view to things such as developing new employment opportunities, stimulating investment that will have a measurable impact in reducing poverty among residents of areas of concentrated poverty, and providing methods by which residents of those areas can work with private groups, firms, and institutions in seeking solutions to problems of common concern. (Amended by Stats. 2007, Ch. 46, Sec. 20. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  88. 12756.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Community action agencies must support poor residents’ meaningful participation in the agency and its programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12756. Every community action agency has a fundamental responsibility to encourage, assist, and strengthen the ability of the poor in the areas served by the community action agency to play major roles in the organization; program planning; goal setting; determination of priorities; decisions concerning budgeting and financial management; key decisions concerning hiring of personnel, selection criteria, personnel policies, and career development programs; and evaluation of programs affecting their lives. The fundamental responsibility of the community action agency includes all of the following: (a) Seeking and bringing about ways to improve its own effectiveness as a channel through which the poor, local government, and private groups can communicate, plan, and act together in partnership. In that partnership, the poor shall have a strong voice or role, both directly and through representatives whom they have chosen. (b) Providing the representatives of the poor serving on the tripartite board of the community action agency with the tools and the support, including guidance, training, and staff assistance, that will permit them to participate meaningfully in the affairs of the community action agency, and in all of its programs and subcontractor agencies. (c) Encouraging the development of effective local organizations established and controlled by residents of poor neighborhoods and areas. Community action agencies are expected to provide training, technical assistance, and staff resources to enable the poor to develop, administer, and participate effectively in local area programs and to enter into the broader community discussion of problems and solutions relating to poverty. (d) Providing employment for poor persons in all phases of the community action program. (e) Continually ensuring that subcontractor agencies involve poor persons in the planning, conduct, and evaluation of subcontracted programs. (f) Working for the acceptance by other public and private agencies and organizations serving the community of effective and growing involvement of the poor in the planning, conduct, and evaluation of all activities that affect them and their inclusion in career jobs in the agencies. (Amended by Stats. 2007, Ch. 46, Sec. 21. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  89. 12757.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    If a community action agency delegates major policy decisions to a subsidiary board, council, or similar body, that body must broadly represent the area and allow adequate membership opportunities for elected public officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12757. Where a community action agency places responsibility for major policy determinations with respect to the character, funding, extent, and administration of and budgeting for programs to be carried on in a particular geographic area within the community in a subsidiary board, council, or similar agency, such board, council, or agency shall be broadly representative of the area and shall assure adequate opportunity for membership of elected public officials on such board, council, or agency. (Added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. Effective October 18, 1983. Repealed conditionally as prescribed by Section 12790.)
  90. 12758.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The state must use Community Services Block Grant funds according to the annual Budget Act, and no transfer of those funds is allowed to any other block grant or program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12758. (a) All Community Services Block Grant funds made available by Congress shall be used by the state, together with any state funds as may from time-to-time be appropriated for this program, and any funds as may be transferred to this program from other federal block grants, in accordance with the annual Budget Act. (b) No transfer of funds is permitted, under any circumstance, from the California Community Services Block Grant Program to any other block grant or program administered by the state or by the federal government. (Added by Stats. 2007, Ch. 46, Sec. 22. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  91. 12759.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section directs how the director must allocate federal Community Services Block Grant funds among agencies, including reserve amounts, base allocations, minimum floors, census-based adjustments, and proportional changes when funding rises or falls.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12759. (a) For the purposes of this section, the following terms have the following meanings: (1) “Agency” means a community action agency, limited purpose agency, or other organization that qualifies as an eligible entity pursuant to this chapter and that receives financial assistance from the total program funds, as defined in paragraph (2). (2) “Total program funds” means the federal Community Services Block Grant funds that remain after the amount reserved pursuant to subdivision (c) is set aside. (3) “Uncapped program” means a program that serves an uncapped area, as defined in Section 12730. (b) The director shall allocate federal Community Services Block Grant funds consistent with the following principles: (1) The historic distinction between minimum and nonminimum funded agencies and other eligible entities shall be minimized and eventually eliminated. (2) After the target allocation point as set forth in subdivision (c) is achieved, allocation adjustments shall treat all agencies equitably and without regard to minimum funding levels. (3) If federal Community Services Block Grant funding is reduced or increased, funds shall be allocated so as to avoid abrupt changes in current allocations. (c) For each fiscal year, the director shall first reserve from the annual federal Community Services Block Grant all amounts that federal or state law allows or requires to be set aside for statewide activities consistent with the purposes of the Community Services Block Grant, including, but not limited to, training, technical assistance, monitoring, coordination, and administration. (d) (1) The goal of this section is to achieve a target allocation point for each agency. The target allocation for each agency, except uncapped program agencies, shall be either two hundred fifty thousand dollars ($250,000) or the amount the agency received from the 2005 federal Community Services Block Grant award, whichever is greater. The target allocation point for each uncapped program shall be the amount it received from the 2005 federal Community Services Block Grant award. An agency with a target allocation point equal to the amount received from the 2005 federal Community Services Block Grant award shall have its target allocation point further adjusted pursuant to paragraph (6). (2) The director shall first assign an initial base allocation for each agency, except an uncapped program agency, that shall be equal to either one hundred seventy-three thousand five hundred fifty-six dollars ($173,556) or the amount the agency received from the 2005 federal Community Services Block Grant award, whichever is greater. The director shall assign each uncapped program an initial base allocation that shall be equal to the amount the program received from the 2005 federal Community Services Block Grant award even if it is less than one hundred seventy-three thousand five hundred fifty-six dollars ($173,556). (3) From the 2007 federal Community Services Block Grant, the director shall begin by allocating the initial base allocation to each agency. If the total program funds available that year are more than the amount required to fulfill the initial base allocation for all agencies, the allocation shall be adjusted pursuant to paragraph (4). If the total program funds available that year are less than the amount required to fulfill the initial base allocation, the allocation shall be adjusted pursuant to paragraph (5). (4) Commencing with the 2007 federal fiscal year, if there is an increase in total program funds in any federal fiscal year before the target allocation point is achieved, the additional funds shall be allocated as follows: (A) First, each agency that is not an uncapped program whose prior year allocation was less than two hundred fifty thousand dollars ($250,000) shall have its allocation increased until each of those agencies reach the target allocation point of two hundred fifty thousand dollars ($250,000). The allocations to these agencies shall be prioritized initially to the lowest funded agencies to enable their allocations to, as much as the funding increase allows, float up toward the second lowest funded agencies, and then to this collective group of agencies to enable their allocations to float up toward the next lowest funded agencies, and so on until all of these agencies reach the target allocation point of two hundred fifty thousand dollars ($250,000). (B) Second, once the target allocation point of two hundred fifty thousand dollars ($250,000) is reached pursuant to subparagraph (A), additional funds shall be allocated proportionately among each of the agencies, including uncapped program agencies whose target allocation point equals the amount the agency received from the 2005 federal Community Services Block Grant award, in order to bring its prior year allocation back up to the target allocation point if it was previously reduced pursuant to paragraph (5). (C) Third, if there are some total program funds remaining during the same federal fiscal year when the target allocation point for all agencies is reached, the remainder shall be allocated to each agency in an amount that bears the same relationship to the total amount of the remainder as the number of persons living in households at or below the poverty level in each agency’s respective service area bears to the total number of those persons living in the state, as reported in the most recent available decennial census. (5) Commencing with the 2007 federal fiscal year, if there is a decrease in total program funds in any fiscal year before the target allocation point is reached, the reduction shall be allocated as follows: (A) First, the reduction shall be subtracted proportionately from the prior years’ allocation of each agency whose initial base allocation was greater than two hundred fifty thousand dollars ($250,000). (B) Second, no agency shall have its current year allocation fall below the current year allocation for any other agency when the other agency’s initial base allocation was less than the first agency’s allocation. If the reduction in total program funds is greater than can be absorbed among the agencies whose initial base allocations were greater than two hundred fifty thousand dollars ($250,000), the reductions shall also be applied proportionately among any other agencies necessary to maintain this rule. (C) Until the target allocation point is reached for all agencies, an agency that is not an uncapped program shall not have its current year allocation fall below one hundred seventy-three thousand five hundred fifty-six dollars ($173,556). At the discretion of the director, federal Community Services Block Grant discretionary funds may be used for this purpose. (6) If a new decennial census is reported before the target allocation point is achieved, the director shall first adjust the relative allocation among each of those agencies whose initial base allocation was equal to the amount it received from the 2005 federal Community Services Block Grant award by the percentage difference of the number of persons living in households at or below the poverty level in each agency’s respective service area as compared to the number of those persons reported in previous decennial census, except that an agency that is not an uncapped program shall not have the adjustment pursuant to this paragraph reduce its current year allocation below the current year allocations of the lowest funded agencies pursuant to subparagraph (A) of paragraph (4). All allocations made pursuant to paragraphs (4) and (5) shall take this census-based adjustment into account. (e) (1) Commencing with the first federal fiscal year after the target allocation point is reached, increases and decreases in total program funds for each federal fiscal year shall be proportionately allocated among all agencies relative to the prior year’s allocation. (2) When each decennial census is reported, allocations made pursuant to this subdivision shall also be adjusted by the percentage difference of the number of persons living in households at or below the poverty level in each agency’s respective service area as compared to the number of these persons reported in the previous decennial census, except that an agency that is not an uncapped agency shall not have the adjustment pursuant to this subdivision reduce its current year allocation below two hundred fifty thousand dollars ($250,000). (f) It is the intent of the Legislature that the allocation formula specified in this section not be used as a formula for other funding distributions. (Amended by Stats. 2007, Ch. 46, Sec. 23. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  92. 12760.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Community action agencies funded under this article must coordinate with certain other funded entities and avoid duplicating services to the same beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12760. Subject to Section 12788, community action agencies funded under this article shall coordinate their plans and activities with other eligible entities funded under Articles 7 (commencing with Section 12765) and 8 (commencing with Section 12770) that serve any part of their communities, so that funds are not used to duplicate particular services to the same beneficiaries and plans and policies affecting all grantees under this chapter are shaped, to the extent possible, so as to be equitable and beneficial to all community agencies and the populations they serve. (Amended by Stats. 2019, Ch. 866, Sec. 2. (AB 1783) Effective January 1, 2020. Repealed conditionally as prescribed by Section 12790.)
  93. 12761.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    A community action agency or eligible entity must not use funds received under this article to replace discontinued state or local funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12761. A community action agency or eligible entity shall not use any funds received under this article to replace discontinued state or local funding. (Amended by Stats. 2007, Ch. 46, Sec. 25. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  94. 12763.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Certain legislators and local/public officers or employees on tripartite boards must not vote on matters that directly affect their own services, direct representatives, or organizations that would financially benefit them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 6. Community Action Programs [12750 - 12763] ( Article 6 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12763. Consistent with Section 1090, no Member of the Legislature, or any state, county, district, judicial district, or city officer or employee who also serves on a tripartite board shall vote on a contract or other matter before a tripartite board, that would have a direct bearing on services to be provided by that member, officer, or employee, or any business or organization which that member, officer, or employee directly represents or that would financially benefit that member, officer, or employee, or the business or organization that the member, officer, or employee directly represents. (Amended by Stats. 2007, Ch. 46, Sec. 26. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  95. 12765.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 7. Migrant and Seasonal Farmworker Programs [12765 - 12768] ( Article 7 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This section says the article’s purpose is to help migrant and seasonal farmworkers and their families become more self-sufficient, through training, economic development, and program assistance services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 7. Migrant and Seasonal Farmworker Programs [12765 - 12768] ( Article 7 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12765. The purpose of this article is to assist migrant and seasonal farmworkers and their families to achieve a greater degree of self-sufficiency within or outside the agricultural industry, or both, including, but not limited to: skills training and increasing employment stability; economic development activities that will continue to provide grantees with revenue to provide necessary services to the farmworker poor; and program assistance services, as specified in Section 12767, with highest priority given to the support of program activities with the greatest potential for successfully promoting self-sufficiency. (Added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. Effective October 18, 1983. Repealed conditionally as prescribed by Section 12790.)
  96. 12767.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 7. Migrant and Seasonal Farmworker Programs [12765 - 12768] ( Article 7 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Programs under this article may include projects or activities that help migrant and seasonal farmworkers and their families.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 7. Migrant and Seasonal Farmworker Programs [12765 - 12768] ( Article 7 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12767. Subject to Section 12788, programs assisted under this article may include projects or activities to do any of the following: (a) Meet the immediate needs of migrant and seasonal farmworkers and their families, such as daycare for children and elderly persons, education, health services, improved housing and sanitation, including the provision and maintenance of emergency and temporary housing and sanitation facilities, legal advice and representation, and consumer training and counseling, and assistance in processing applications for legalization and citizenship. (b) Promote increased community acceptance of migrant and seasonal farmworkers and their families. (c) Equip unskilled migrant and seasonal farmworkers and members of their families, as appropriate, through education, training, and developmental programs to meet the changing demands in agricultural employment brought about by technological advancement and economic exigencies, and to take advantage of opportunities available to improve their well-being and self-sufficiency by gaining regular or permanent employment or by participating in available federally assisted employment or training programs. (d) Provide such other services as are permissible under Section 12745 with specific focus on the needs of migrant and seasonal farmworkers and their families. (Amended by Stats. 2019, Ch. 866, Sec. 3. (AB 1783) Effective January 1, 2020. Repealed conditionally as prescribed by Section 12790.)
  97. 12768.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 7. Migrant and Seasonal Farmworker Programs [12765 - 12768] ( Article 7 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Department-funded migrant and seasonal farmworker entities must coordinate their plans and activities with other eligible department-funded entities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 7. Migrant and Seasonal Farmworker Programs [12765 - 12768] ( Article 7 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12768. Migrant and seasonal farmworker entities funded by the department shall coordinate their plans and activities with other eligible entities funded by the department to avoid duplication of services and to maximize services for all eligible beneficiaries. (Amended by Stats. 2007, Ch. 46, Sec. 27. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  98. 12770.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. )

    Verify source ↗

    This section sets aside funds to help American Indians and Alaskan Natives build self-sufficiency, and gives tribes and off-reservation American Indian programs a share of those funds based on the number of low-income people they serve.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. ) ## 12770. (a) The purpose of this article is to set aside funds for assisting American Indians and Alaskan Natives residing in off-reservation and reservation areas of this state to achieve a greater degree of self-sufficiency through the principles of community self-help. (b) Allocation of funds under this article shall be consistent with the sovereign legal status of federally recognized tribes as dependent nations within the United States, consistent with the specific rights accorded other tribes and tribal organizations by the federal government and consistent with the fiduciary responsibilities of the United States government for Indian people. Tribes shall be entitled to receive a share of the total funds made available pursuant to this article which is commensurate with the number of low-income American Indians and Alaskan Natives residing in their reservation areas. (c) Off-reservation American Indian programs shall be entitled to receive a share of the total funds made available pursuant to this article which is commensurate with the number of low-income American Indians and Alaskan Natives residing in the off-reservation areas and shall be consistent with and cognizant of the needs of off-reservation American Indians and Alaskan Natives residing in this state. (Repealed and added by Stats. 1987, Ch. 1436, Sec. 20. Repealed conditionally as prescribed by Section 12790.)
  99. 12771.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. )

    Verify source ↗

    The set-aside funds must be used to implement programs that fit the chapter, comply with Section 12745, and focus on the needs of American Indians, Alaskan Natives, and their families.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. ) ## 12771. These set-aside funds shall be used to implement programs consistent with the purposes of this chapter and as are permissible under Section 12745 with specific focus on the special needs of American Indians and Alaskan Natives and their families. (Repealed and added by Stats. 1987, Ch. 1436, Sec. 20. Repealed conditionally as prescribed by Section 12790.)
  100. 12772.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. )

    Verify source ↗

    Certain American Indian entities funded by the department are limited to eligible tribes and Indian organizations, and funded programs must coordinate with other eligible entities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. ) ## 12772. American Indian entities funded by the department shall be limited to tribes and other Indian organizations in urban or rural off-reservation areas who demonstrate community governance, such as Indian nonprofit organizations, who meet the criteria of eligible entity, as defined in subdivision (g) of Section 12730. In a county having a population of over 7,000,000 persons, the County Community Action Agency may serve as the eligible entity if (a) requested to serve in this capacity by a commission composed of representatives of American Indian beneficiaries in that county, and (b) the board of supervisors of the county shares grant allocation authority with an appropriate American Indian entity. American Indian programs funded under this article shall coordinate their plans and activities with other eligible entities funded by the department to avoid duplication of services and to maximize services for eligible beneficiaries. (Amended by Stats. 2007, Ch. 46, Sec. 28. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  101. 12773.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. )

    Verify source ↗

    Certain funded American Indian entities keep the same protections against defunding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 8. American Indian Programs [12770 - 12773] ( Article 8 repealed and added by Stats. 1987, Ch. 1436, Sec. 20. ) ## 12773. American Indian entities funded by the department and operating under authority of this chapter in the prior program year shall have the same protections against defunding, as defined in subdivision (e) of Section 12736. (Amended by Stats. 2007, Ch. 46, Sec. 29. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  102. 12775.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 9. State Discretionary Fund and Funding of Limited Purpose Agencies [12775 - 12776] ( Article 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Limited purpose agencies must provide allowable services and, if they are grantees, comply with the chapter’s administrative and fiscal requirements to stay eligible for funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 9. State Discretionary Fund and Funding of Limited Purpose Agencies [12775 - 12776] ( Article 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12775. (a) “Limited purpose agency” means a private nonprofit organization or public agency which in federal fiscal year 1981 received direct funding under Section 221 or 222 of the federal Economic Opportunity Act of 1964 from Region IX of the Community Services Administration, and has operated continuously as a limited purpose agency since 1981. (b) Limited purpose agencies shall provide such services as are permissible under Section 12745, with specific focus on training, technical assistance, special support programs, or other activities serving eligible beneficiaries. (c) Limited purpose agencies which are grantees under this article shall comply with appropriate administrative and fiscal requirements of this chapter as a condition of remaining an entity eligible for funding. (d) Limited purpose agencies funded by the department and operating under authority of this chapter in the prior program year shall have the same protections against defunding as defined in subdivision (e) of Section 12736. (Amended by Stats. 1987, Ch. 1436, Sec. 21. Repealed conditionally as prescribed by Section 12790.)
  103. 12776.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 9. State Discretionary Fund and Funding of Limited Purpose Agencies [12775 - 12776] ( Article 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Limited purpose agencies funded under this article must coordinate their plans and activities with other eligible entities funded by the department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 9. State Discretionary Fund and Funding of Limited Purpose Agencies [12775 - 12776] ( Article 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12776. Limited purpose agencies funded under this article shall coordinate their plans and activities with other eligible entities funded by the department to avoid duplication of services and to maximize services for all eligible beneficiaries. (Amended by Stats. 2007, Ch. 46, Sec. 30. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  104. 12780.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 10. State Administrative Agency Powers and Responsibilities [12780 - 12781] ( Article 10 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The department, as the state administering agency, must meet federal program requirements, set and enforce state performance and fiscal standards, issue regulations, administer grants and contracts, keep program requirements clear and uniform, and protect due process rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 10. State Administrative Agency Powers and Responsibilities [12780 - 12781] ( Article 10 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12780. The powers and responsibilities of the department as the state administering agency for the California Community Services Block Grant Program are those necessary to do all of the following: (a) Ensure that all applicable federal requirements of Subtitle B of Title VI of Public Law 97-35, as amended, are met. (b) Define and enforce state standards of programmatic performance and fiscal accountability, including, but not limited to, any assurances that the state makes in its state plan. (c) Promulgate regulations and execute grants and contracts necessary or convenient for the exercise of its responsibilities, powers, and functions under the Community Services Block Grant. (d) Ensure that the administrative requirements of this program are clear and uniform. (e) Provide adequate safeguards for the due process rights of eligible entities and beneficiaries. (Amended by Stats. 2007, Ch. 46, Sec. 31. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  105. 12781.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 10. State Administrative Agency Powers and Responsibilities [12780 - 12781] ( Article 10 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The department has powers and duties to run the grant program, issue advance payments, set management and compliance standards, monitor eligible entities, and make regulations for administration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 10. State Administrative Agency Powers and Responsibilities [12780 - 12781] ( Article 10 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12781. The department shall have the following powers and duties: (a) Development of an orderly grant application process culminating in a prescribed contract. (b) Ensuring that eligible entities will have a timely cashflow within the guidelines of the federal Cash Management Improvement Act of 1990 (P.L. 101-453), as amended. The department shall issue to each eligible entity an advance payment at the beginning of the contract period equal to 25 percent of the eligible entity’s total contract amount. Payments thereafter shall be equal to expenditures reported on the eligible entity’s financial progress reports, not to exceed the eligible entity’s total contract amount. (c) Promulgation of uniform contracts management standards to include: (1) Standards for fiscal control and fund accounting that do all of the following: (A) Require new eligible entities to be certified by an accountant prior to receiving financial assistance. (B) Require periodic financial reporting to the office and an annual audit. (C) Permit a defined range of flexibility from approved budgets and the use of negotiated indirect costs rates. (D) For the purpose of administrative expenditures, permit an eligible entity to use funds allocated under this chapter in an amount not to exceed 12 percent of the total operating funds of its community action program. (E) Limit the use of funds for construction, as required by federal law. (2) Minimum standards for procurement to prevent conflict of interest or malfeasance. (3) Standards regarding property that provide that title to property purchased with funds granted under this chapter or with funds formerly granted pursuant to the federal Economic Opportunity Act of 1964 (Chapter 34 (commencing with Section 2701) of Title 42 of the United States Code) shall vest in the grantee, subject to conditions requiring prudent property management and the provision for disposition of the property among other eligible entities in the event of closeout. (4) Procedures for the withholding of payments or recovery of moneys where the underlying cost expenditures or obligations claimed by the eligible entity are disallowed. (5) Standards for termination or reduction of financial assistance to an eligible entity, or revocation of the designation of a community action agency, for failure to comply with this chapter. The department may terminate or reduce any financial assistance provided to an eligible entity under this chapter forthwith, if the department finds there is evidence of fraud or illegal use of funds. The department also may terminate or reduce any financial assistance to an eligible entity, if the department determines that “cause,” as defined in Section 9908(c) of Title 42 of the United States Code, as amended, exists and after providing notice and an opportunity for a hearing on the record, subject to review by the secretary consistent with Section 9915 of Title 42 of the United States Code, as amended. (d) Promulgation of regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), and Chapter 5 (commencing with Section 11500), of Part 1) that are necessary and appropriate for the effective administration of this chapter. At a minimum these regulations shall clearly define all of the following: (1) The due process rights, including notification, right of appeal, and opportunity for a fair hearing, of eligible entities, and the procedures to be followed in order to guarantee those rights, in cases of denial of refunding, suspension, reduction, or termination of funding, or revocation of designation by the department. (2) The obligation of eligible entities to provide a fair procedure for clients denied services by eligible entities. (3) The requirement that community action agencies select tripartite boards that include persons who represent the poor. These regulations shall ensure that democratic procedures are fully operative and may include criteria for tenure, geographic representation, and election procedures. (e) Establishment of procedures for orderly closeout of terminated entities. (f) Monitoring and periodic evaluation of eligible entities, using evaluation methods and standards that have been published prior to the evaluation and that provide eligible entities an opportunity to respond to evaluation findings. (g) Development of standards to ensure compliance by eligible entities with federal and state requirements for public access to records, prohibition of partisan political activities, and nondiscrimination. (h) Establishment of policies and procedures that ensure freedom of information. (i) Fostering cooperation among community action agencies, including providing opportunities for community action agencies to work together and publishing a directory, that shall be periodically updated, of all grantees under this program and the Low-Income Home Energy Assistance Program (Subchapter II (commencing with Section 8621) of Chapter 94 of Title 42 of the United States Code). (j) Establishment of procedures for the allocation of the funds available pursuant to subdivision (c) of Section 12759. (k) Identification and encouragement of linkages with other state departments, local governments or private groups that oversee programs providing resources for low-income persons in order to coordinate existing efforts to overcome poverty. (Amended by Stats. 2007, Ch. 46, Sec. 32. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  106. 12785.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    If federal Community Services Block Grant funding drops enough, the director must use discretionary funds to restore eligible entities to full funding, and at higher reductions must convene grant agencies to consider allocation changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12785. (a) If diminished federal appropriations for the Community Services Block Grant result in California’s share for any fiscal year being reduced by any amount up to 3.5 percent below the amount of the federal appropriation from the prior year, the director shall use the discretionary fund to proportionately restore entities eligible for the Community Services Block Grant to full funding levels. (b) If diminished federal appropriations for the Community Services Block Grant result in California’s share for any federal fiscal year being reduced by a cumulative amount of 20 percent or more below the amount appropriated in the federal Community Services Block Grant in the 2005 federal fiscal year, the director shall convene the network of agencies receiving grant funds to determine whether changes to the allocation system should be contemplated and referred to the Legislature for consideration. (Amended by Stats. 2007, Ch. 46, Sec. 33. Effective January 1, 2008. Repealed conditionally as prescribed by Section 12790.)
  107. 12786.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    The state must set aside up to 5% of the Community Services Block Grant for discretionary use on special projects, training, technical assistance, and special support programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12786. The state shall set aside up to 5 percent of the total Community Services Block Grant for discretionary use for special projects, training, technical assistance, and special support programs. Entities eligible to receive these discretionary funds shall include, but not be limited to, limited purpose agencies as defined in subdivision (a) of Section 12775, and community-based nonprofit organizations without tripartite boards. (Added by Stats. 1987, Ch. 1436, Sec. 29. Repealed conditionally as prescribed by Section 12790.)
  108. 12787.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Eligible entities under Articles 6, 7, or 8 may apply for state discretionary funds, unless Section 12788 provides otherwise. If they receive discretionary funding, they must not use it to duplicate services already funded under other parts of this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12787. Except as provided in Section 12788, this chapter shall not be construed to prohibit an eligible entity under Article 6 (commencing with Section 12750), Article 7 (commencing with Section 12765), or Article 8 (commencing with Section 12770), from applying for state discretionary funds, provided that no discretionary funding received by the eligible entity shall be used to duplicate services funded pursuant to other provisions of this chapter. (Amended by Stats. 2019, Ch. 866, Sec. 4. (AB 1783) Effective January 1, 2020. Repealed conditionally as prescribed by Section 12790.)
  109. 12788.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    Funds-backed housing under this chapter generally cannot be rented, sold, or subleased to certain agricultural employers or farm labor contractors with at least one H-2A worker, and covered fund recipients must submit a declaration and may have to reimburse the funding agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 11. Authorization and Fund Allocations [12785 - 12788] ( Article 11 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12788. (a) On and after January 1, 2020, any housing funded pursuant to this chapter shall not be rented, sold, or subleased to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205 of the Health and Safety Code, until the expiration of the regulatory agreement or affordability covenant, as applicable. A person or entity who receives funds made available pursuant to this chapter on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing that is rented, sold, or subleased to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205 of the Health and Safety Code, shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (b) of Section 50205 of the Health and Safety Code. A person or entity who receives funds made available pursuant to this chapter on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing shall submit a declaration to the department declaring the following: (1) (A) The person or entity is not an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205 of the Health and Safety Code. (B) The person or entity will not rent, sell, or sublease any housing funded pursuant to this chapter to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205 of the Health and Safety Code, until the expiration of the regulatory agreement or affordability covenant, as applicable. (2) The declaration described in paragraph (1) may be met through the inclusion in a regulatory agreement, contract, or affordability covenant, as applicable, with the department that is signed by the person or entity receiving funds pursuant to this chapter. (b) This section shall not apply to any contract entered into or any financial assistance provided pursuant to this chapter prior to January 1, 2020. (Amended by Stats. 2020, Ch. 264, Sec. 5. (AB 107) Effective September 29, 2020.)
  110. 12790.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 12. Repeal [12790- 12790.] ( Article 12 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. )

    Verify source ↗

    This chapter stays in effect until the Director of Finance makes a specified funding-termination finding, reports it to each house of the Legislature, and then the chapter is repealed on the report date unless a later-enacted statute changes that date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 9. Community Services Block Grant Program [12725 - 12790] ( Chapter 9 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## ARTICLE 12. Repeal [12790- 12790.] ( Article 12 added by Stats. 1983, 1st Ex. Sess., Ch. 4, Sec. 3. ) ## 12790. This chapter shall remain in effect until the Director of Finance finds that federal Community Services Block Grant funding to the state has been terminated without provision for another program to replace Community Services Block Grant funding and files a report of that finding with each house of the Legislature, and as of the date of that filing is repealed, unless a later enacted statute, which is chaptered before that date, deletes or extends the date. (Amended by Stats. 1987, Ch. 1436, Sec. 31. Repealed conditionally by its own provisions. Note: Repeal affects Chapter 9, commencing with Section 12725.)
  111. 12801.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Each agency is supervised by a secretary, who is appointed by the Governor and whose appointment must be confirmed by the Senate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12801. Each agency is under the supervision of an executive officer known as the secretary. Each secretary shall be appointed by, and hold office at the pleasure of, the Governor. The appointment of each secretary is subject to confirmation by the Senate. The annual salary of each secretary is provided for by Chapter 6 (commencing with Section 11550) of Part 1. (Amended by Stats. 1982, Ch. 454, Sec. 44.)
  112. 12802.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Natural Resources Agency and its Secretary take over the duties, powers, purposes, responsibilities, and jurisdiction previously held by the Resources Agency and its Secretary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12802. (a) The Natural Resources Agency shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Resources Agency. (b) The Secretary of the Natural Resources Agency shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Secretary of the Resources Agency. (Added by Stats. 2008, Ch. 205, Sec. 2. Effective January 1, 2009.)
  113. 12802.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The secretary must manage and award funding for qualifying green infrastructure projects, set minimum award requirements, give extra consideration to projects meeting certain criteria, reserve at least 75% of available money for disadvantaged-community projects, and hold at least two public hearings before setting guidelines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12802.10. (a) For purposes of this section, the following terms have the following meanings: (1) “Critically underserved community” has the same meaning as defined in Section 5642 of the Public Resources Code. (2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code or pursuant to Section 75005 of the Public Resources Code. (3) “Multiple benefits” includes, but is not limited to, a decrease in air and water pollution or a reduction in the consumption of natural resources and energy, including, but not limited to, the establishment and enhancement of projects listed in subdivision (e). (4) “Secretary” means the Secretary of the Natural Resources Agency. (5) “Special district” means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district. (b) To support the development of sustainable communities, the secretary shall manage and award financial assistance, for the preparation and implementation of green infrastructure projects that reduce greenhouse gas emissions and provide multiple benefits, to any of the following: (1) A city. (2) A county. (3) A special district. (4) A nonprofit organization. (5) An agency or entity formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, notwithstanding the Joint Exercise of Powers Act. (c) Moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8, shall be available, upon appropriation by the Legislature, for allocation by the secretary pursuant to this section. (d) The secretary shall develop minimum requirements for awarding moneys for eligible projects pursuant to this section. Those requirements shall require a project, in addition to reducing greenhouse gas emissions, to do at least one of the following: (1) Acquire, create, enhance, or expand community parks and green spaces. (2) Use natural systems or systems that mimic natural systems to achieve multiple benefits. (e) The multiple benefits of a project may include, but are not limited to, the establishment or enhancement of at least two of the following: (1) The greening of existing public lands and structures, including schools. (2) Multiobjective stormwater projects, including the construction of permeable surfaces and collection basins and barriers. (3) Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees. (4) Urban heat island mitigation and energy conservation efforts through greening, including green roof projects. (5) Nonmotorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools. (6) Tree canopy. (7) Wetlands. (8) Neighborhood, city, regional, or county parks and open space. (9) Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change. (10) Economic, social, and health benefits, including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities. (f) The secretary shall give additional consideration to awarding moneys for a project pursuant to this section that meets at least two of the following criteria: (1) Provides park or recreational benefits to a critically underserved community or disadvantaged community. (2) Is proposed by a critically underserved community or disadvantaged community. (3) Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training. (4) Uses interagency cooperation and integration. (5) Uses existing public lands and facilitates the use of public resources and investments, including schools. (g) The secretary shall allocate at least 75 percent of the moneys available for the purposes of this section to projects that are located in, and that provide benefits to, disadvantaged communities. (h) In implementing this section, the secretary shall maximize the expenditure of funds made available pursuant to the Statewide Park Development and Community Revitalization Act of 2008 (Chapter 3.3 (commencing with Section 5640) of Division 5 of the Public Resources Code). (i) The secretary shall hold at least two public hearings to gather public input on program development before establishing the program guidelines and selection criteria. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) does not apply to the development and adoption of guidelines and selection criteria adopted pursuant to this section. (Amended by Stats. 2022, Ch. 60, Sec. 24. (AB 203) Effective June 30, 2022.)
  114. 12802.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Governor may appoint two Assistant Secretaries for the Resources Agency: one for Energy Matters and one for Coastal Matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12802.5. The Governor may, with respect to the Resources Agency, appoint an Assistant Secretary for Energy Matters who may serve as Secretary for Resources designee on the Energy Resources Conservation and Development Commission and an Assistant Secretary for Coastal Matters who may serve as Secretary for Resources designee on the State Coastal Commission. (Added by Stats. 1977, Ch. 660.)
  115. 12802.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Governor may appoint a Deputy Secretary of Housing Coordination and up to four deputies for the secretary, and the deputy secretary serves as the secretary’s primary housing advisor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12802.8. (a) The Governor may, with respect to the Transportation Agency, appoint a Deputy Secretary of Housing Coordination, who shall serve as the secretary’s primary advisor on housing matters, including, but not limited to, sustainable growth policy matters, and other strategies to achieve the state’s greenhouse gas emission reduction objectives as it pertains to those housing matters. The Deputy Secretary of Housing Coordination shall hold office at the pleasure of the Governor and shall receive a salary as shall be fixed by the Governor with the approval of the Department of Finance. (b) The Governor, upon the recommendation of the Secretary of Transportation, may appoint up to four deputies for the secretary. (Amended by Stats. 2013, Ch. 353, Sec. 80. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  116. 12803.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    This section lists the departments and offices that make up the California Health and Human Services Agency and creates the Department of Child Support Services within the agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803. (a) The California Health and Human Services Agency consists of the following departments: Aging; Community Services and Development; Developmental Services; Health Care Services; Managed Health Care; Public Health; Rehabilitation; Social Services; and State Hospitals. (b) The agency also includes the Center for Data Insights and Innovation, the Emergency Medical Services Authority, the Office of Statewide Health Planning and Development, the Office of Technology and Solutions Integration, the Office of Law Enforcement Support, the Office of the Surgeon General, the Office of Youth and Community Restoration, and the State Council on Developmental Disabilities. (c) The Department of Child Support Services is hereby created within the agency and is the single organizational unit designated as the state’s Title IV-D agency with the responsibility for administering the state plan and providing services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations as required by Section 654 of Title 42 of the United States Code. State plan functions shall be performed by other agencies as required by law, by delegation of the department, or by cooperative agreements. (d) This section shall become operative on July 1, 2021. (Amended by Stats. 2023, Ch. 43, Sec. 13. (AB 120) Effective July 10, 2023.)
  117. 12803.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Government Operations Agency is made up of listed state entities, and the Governor may appoint up to three deputies for the Secretary of Government Operations if recommended by that Secretary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.2. (a) The Government Operations Agency shall consist of all of the following: (1) The Office of Administrative Law. (2) The Public Employees’ Retirement System. (3) The State Teachers’ Retirement System. (4) The State Personnel Board. (5) The California Victim Compensation Board. (6) The Department of General Services. (7) The Department of Technology. (8) The Franchise Tax Board. (9) The Department of Human Resources. (10) The California Department of Tax and Fee Administration. (11) The Office of Data and Innovation, effective July 1, 2023. (b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890. (c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations. (d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. (Amended by Stats. 2022, Ch. 569, Sec. 30. (AB 156) Effective September 27, 2022.)
  118. 12803.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    This section transfers the Systems Integration Division to the California Health and Human Services Agency as the Office of Technology and Solutions Integration and gives the new office the division’s powers, duties, and responsibilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.3. (a) For purposes of this section, the following definitions shall apply: (1) “Director” means the Director of the Office of Technology and Solutions Integration. (2) “Office” means the Office of Technology and Solutions Integration. (3) “Services” means all functions, responsibilities, and services deemed to be functions, responsibilities, and services of the Systems Integration Division, also known as Systems Management Services, of the California Health and Human Services Agency Data Center, as determined by the Secretary of California Health and Human Services. (b) (1) The Systems Integration Division of the California Health and Human Services Agency Data Center is hereby transferred to the California Health and Human Services Agency and shall be known as the Office of Technology and Solutions Integration. The Office of Technology and Solutions Integration shall be the successor to, and is vested with, all of the duties, powers, purposes, responsibilities, and jurisdiction of the Systems Integration Division of the California Health and Human Services Agency Data Center. (2) Notwithstanding any other law, all services of the Systems Integration Division of the California Health and Human Services Agency Data Center shall become the services of the Office of Technology and Solutions Integration. (c) The office shall be under the supervision of a director, known as the Director of the Office of Technology and Solutions Integration, who shall be appointed by, and serve at the pleasure of, the Secretary of California Health and Human Services. (d) No contract, lease, license, or any other agreement to which the California Health and Human Services Data Center is a party on the date of the transfer as described in paragraph (1) of subdivision (b) shall be void or voidable by reason of this section, but shall continue in full force and effect. The office shall assume from the California Health and Human Services Data Center all of the rights, obligations, and duties of the Systems Integration Division. This assumption of rights, obligations, and duties shall not affect the rights of the parties to the contract, lease, license, or agreement. (e) All books, documents, records, and property of the Systems Integration Division shall be in the possession and under the control of the office. (f) All officers and employees of the Systems Integration Division shall be designated as officers and employees of the agency. The status, position, and rights of any officer or employee shall not be affected by this designation and all officers and employees shall be retained by the agency pursuant to the applicable provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to any position that is exempt from civil service. (g) (1) All contracts, leases, licenses, or any other agreements to which the California Health and Human Services Data Center is a party regarding any of the following are hereby assigned from the California Health and Human Services Data Center to the office: (A) Statewide Automated Welfare System (SAWS). (B) Child Welfare Services/Case Management System (CWS/CMS). (C) Electronic Benefit Transfer (EBT). (D) Case Management Information Payrolling System (CMIPS). (2) All other contracts, leases, or agreements necessary or related to the operation of the Systems Integration Division of the California Health and Human Services Data Center are hereby assigned from the California Health and Human Services Data Center to the office. (h) It is the intent of the Legislature that the transfer of the Systems Integration Division of the California Health and Human Services Agency Data Center pursuant to this section shall be retroactive to the passage and enactment of the Budget Act of 2005 and that existing employees of the Systems Integration Division of the California Health and Human Services Agency Data Center and the newly established Office of Technology and Solutions Integration shall not be negatively impacted by the reorganization and transfer conducted pursuant to this section. (i) It is the intent of the Legislature to review fully implemented information technology projects managed by the office to assess the viability of placing the management responsibility for those projects in the respective program department. (j) On or before April 1, 2006, the Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee the date that the administration shall conduct an assessment for each of the projects managed by the office. The California Health and Human Services Agency, the California Health and Human Services Agency Data Center, or its successor, the State Department of Social Services, and the office shall provide to the Department of Finance all information and analysis the Department of Finance deems necessary to conduct the assessment required by this section. Each assessment shall consider the costs, benefits, and any associated risks of maintaining the project management responsibility in the office and of moving the project management responsibility to its respective program department. (Amended by Stats. 2023, Ch. 43, Sec. 14. (AB 120) Effective July 10, 2023.)
  119. 12803.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    This section creates the California Health and Human Services Automation Fund and lets the Director of Finance authorize a short-term General Fund loan to it, subject to conditions and repayment by October 31 of the following fiscal year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.35. (a) There is hereby established in the State Treasury, the California Health and Human Services Automation Fund. The moneys in the fund shall be available upon appropriation by the Legislature for expenditure by the Office of Technology and Solutions Integration, established pursuant to Section 12803.3, for support of that office. (b) The fund shall consist of the following: (1) All moneys appropriated to the fund in accordance with law. (2) The balance of all moneys available for expenditure by the Systems Integration Division of the Office of Technology Services. (3) An amount of funding transferred from the Department of Technology Services Revolving Fund to this fund determined by the Department of Finance. (4) Funds appropriated to the State Department of Social Services in the annual Budget Act for the management, including, as needed, procurement, design, development, testing, implementation, oversight, and maintenance, of the following projects shall be transferred to this fund upon order of the Department of Finance: (A) Statewide Automated Welfare System (SAWS), including Statewide Project Management, WCDS, C-IV, LEADER, LRS, and the migration of C-IV to LRS pursuant to Section 10823 of the Welfare and Institutions Code, as amended by Section 9 of Chapter 13 of the First Extraordinary Session of the Statutes of 2011. (B) Child Welfare Services/Case Management System (CWS/CMS). (C) Child Welfare Services/Case Management System (CWS/CMS) new system project. (D) Electronic Benefit Transfer (EBT). (E) Case Management Information Payrolling System (CMIPS) Reprocurement. (F) Welfare Data Tracking Implementation Project (WDTIP). (5) Funds appropriated to the Department of Health Care Services and the Managed Risk Medical Insurance Board in the annual Budget Act for the management, including procurement, design, development, testing, implementation, oversight, and maintenance, of the California Healthcare Eligibility, Enrollment, and Retention System shall be transferred to the fund from the Department of Finance. (6) Funds from the California Health Benefit Exchange may be transferred upon order of the Department of Finance pursuant to an interagency agreement between the California Health Benefit Exchange and the Office of Technology and Solutions Integration to support the California Healthcare Eligibility, Enrollment, and Retention System. (c) Notwithstanding any other law, the Director of Finance may authorize a loan from the General Fund to the California Health and Human Services Automation Fund, in an amount not to exceed two hundred million dollars ($200,000,000), if all of the following requirements are met: (1) The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided. (2) The loan is short term and is repaid by October 31 of the fiscal year following the year in which the loan was authorized. (3) The Office of Technology and Solutions Integration frontloads payments from contracts to the extent possible to minimize need for General Fund loans. (4) Interest charges may be waived pursuant to subdivision (e) of Section 16314. (5) The Director of Finance shall not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that effective date that the chairperson of the joint committee, or the chairperson’s designee, may determine. (Amended by Stats. 2023, Ch. 43, Sec. 15. (AB 120) Effective July 10, 2023.)
  120. 12803.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Secretary of the California Health and Human Services Agency must evaluate by April 1, 2006 how state and federal programs and databases can be better used to help automatically enroll eligible customers in the CARE program, while complying with privacy laws.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.4. The Secretary of the California Health and Human Services Agency shall evaluate, on or before April 1, 2006, how the use of established state and federal programs and databases may be optimized in order to facilitate the automatic enrollment of eligible customers into the California Alternate Rates for Energy or CARE program established pursuant to Section 739.1 of the Public Utilities Code, while complying with state and federal privacy laws. (Added by Stats. 2005, Ch. 662, Sec. 2. Effective January 1, 2006.)
  121. 12803.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Governor may appoint up to two deputies for the secretary, but only on the recommendation of the Secretary of the Health and Welfare Agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.5. The Governor, upon recommendation of the Secretary of the Health and Welfare Agency, may appoint not to exceed two deputies for the secretary. (Amended by Stats. 1978, Ch. 432.)
  122. 12803.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Governor, state agencies, and the Labor and Workforce Development Agency must support employment-related services and strategy for individuals with disabilities, and the Labor and Workforce Development Agency must monitor and enforce implementation of federal disability-related employment rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.6. (a) The Governor shall authorize the Secretary of the Labor and Workforce Development Agency, in collaboration with the secretary of the California Health and Human Services Agency, to make available the expertise of state employees and programs to support the employment-related needs of individuals with disabilities. Using existing resources, the agencies shall develop a sustainable, comprehensive strategy to do all of the following: (1) Bring individuals with disabilities into gainful employment at a rate that is as close as possible to that of the general population. (2) Support the goals of equality of opportunity, full participation, independent living, and economic self-sufficiency for these individuals. (3) Ensure that state government is a model employer of individuals with disabilities. (4) Support state coordination with, and participation in, benefits planning training and information dissemination projects supported by private foundations and federal grants. (b) The Labor and Workforce Development Agency shall monitor and enforce implementation of Section 188 of the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2938). (Amended by Stats. 2011, Ch. 31, Sec. 4. (AB 119) Effective June 29, 2011. Operative January 1, 2012, by Sec. 20 of Ch. 31.)
  123. 12803.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Governor must rename and establish the committee, and the committee must meet, consult, advise, coordinate, and share information under the listed conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.65. (a) The Governor shall rename and establish, in the California Health and Human Services Agency, Department of Rehabilitation, the existing “California Governor’s Committee on Employment of People with Disabilities” as the “California Committee on Employment of People with Disabilities.” (b) (1) The California Committee on Employment of People with Disabilities shall include, but not be limited to, the following: (A) Four individuals with disabilities representing disabled persons, one each appointed by the Senate Committee on Rules and the Speaker of the Assembly and two appointed by the Secretary of California Health and Human Services, each for a three-year term. (B) The Directors of the Employment Development Department, State Department of Health Care Services, State Department of Developmental Services, State Department of Social Services, and Department of Rehabilitation, and the Chair of the State Independent Living Council. (C) A representative from the California Health Incentive Improvement Project. (D) A representative from the California Workforce Investment Board who is nominated by that board. (E) At the discretion of the Secretary of California Health and Human Services, representatives from any other department or program that may have a role in increasing the capacity of state programs to support the employment-related needs of individuals with disabilities. (F) A representative from a local one-stop or local workforce investment board, to be nominated by the California Workforce Investment Board. (G) Three business representatives with experience in employing persons with disabilities, to be appointed by the Secretary of California Health and Human Services. (2) The members of the California Committee on Employment of People with Disabilities shall select a chair from among the members, and shall hold open meetings no less than four times a year. (c) The California Committee on Employment of People with Disabilities shall consult with and advise the Labor and Workforce Development Agency and the California Health and Human Services Agency on all issues related to full inclusion in the workforce of persons with disabilities, including development of the comprehensive strategy required pursuant to Section 12803.6. (d) The California Committee on Employment of People with Disabilities shall coordinate and provide leadership, as necessary, with regard to efforts to increase inclusion in the workforce of persons with disabilities, including, but not limited to, one annual event for youth with disabilities, to the extent funding is available. (e) The California Committee on Employment of People with Disabilities shall meet four times a year with the California Health Incentive Improvement Project and the project’s steering committee, to the extent funding for the project continues and the activities of the California Committee on Employment of People with Disabilities are not inconsistent with the charge of the California Health Incentive Improvement Project. (f) Using existing funding, the California Committee on Employment of People with Disabilities shall facilitate, promote, and coordinate collaborative dissemination of information on employment supports and benefits, which shall include the Ticket to Work program and health benefits, to individuals with disabilities, consumers of public services, employers, service providers, and state and local agency staff. (g) Using existing funding, the California Committee on Employment of People with Disabilities shall receive primary administrative and staff support from the Department of Rehabilitation, subject to funding from the Employment Development Department. (Amended by Stats. 2012, Ch. 438, Sec. 3. (AB 1468) Effective September 22, 2012.)
  124. 12803.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The secretary must help counties that want to integrate or unify services, and department directors must cooperate and provide reasonable resources when asked.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12803.8. The secretary shall provide all possible assistance to any county desiring to integrate or otherwise unify services administered by one or more departments in the Health and Welfare Agency. This assistance shall include, but not be limited to, the provision of technical assistance, modification or waiving of administrative regulations, and supporting legislation to modify statutory requirements impeding the integration of services. The directors of departments within the Health and Welfare Agency shall cooperate with the secretary in assisting the counties to achieve the integration of health, social service, and other programs. At the request of the secretary, the directors of departments shall make available all reasonable resources necessary to meet the legislative intent of integrating these services at the local level. (Added by Stats. 1977, Ch. 1252.)
  125. 12804.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Section 12804 establishes the Business, Consumer Services, and Housing Agency and lists the entities in it; the section becomes inoperative on July 1, 2026 and is repealed as of January 1, 2027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804. (a) There is in the state government the Business, Consumer Services, and Housing Agency. (b) The Business, Consumer Services, and Housing Agency shall consist of the following: the Department of Consumer Affairs, the Department of Real Estate, the Department of Housing and Community Development, the California Housing Finance Agency, the Civil Rights Department, the Department of Financial Protection and Innovation, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, the Department of Cannabis Control, and the Cannabis Control Appeals Panel. (c) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2026, Ch. 28, Sec. 32. (SB 170) Effective June 29, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  126. 12804.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Starting July 1, 2026, the two agencies must coordinate state policy, programs, and funding, and the named secretaries must maintain and expand their data, policy, and programmatic partnerships.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804.1. (a) Beginning July 1, 2026, the California Housing and Homelessness Agency and the Business and Consumer Services Agency, along with their respective departments, shall coordinate state policy, programs, and funding to help the state achieve its objectives related to housing, homelessness, and consumer protections and minimize service disruption due to the dissolution of the Business, Consumer Services, and Housing Agency. (b) The Secretary of Housing and Homelessness and the Secretary of Business and Consumer Services shall maintain and expand upon data, policy, and programmatic partnerships between the departments within the California Housing and Homelessness Agency and the Business and Consumer Services Agency and consider opportunities to improve coordination and alignment. (c) This section shall become operative on July 1, 2026. (Added by Stats. 2026, Ch. 28, Sec. 33. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  127. 12804.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    This section creates the Business and Consumer Services Agency and makes the section operative on July 1, 2026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804.2. (a) Beginning July 1, 2026, there is in state government the Business and Consumer Services Agency. (b) The Business and Consumer Services Agency shall consist of all of the following: (1) The Alcoholic Beverage Control Appeals Board. (2) The California Horse Racing Board. (3) The Cannabis Control Appeals Panel. (4) The Department of Alcoholic Beverage Control. (5) The Department of Cannabis Control. (6) The Department of Consumer Affairs. (7) The Department of Financial Protection and Innovation. (8) The Department of Real Estate. (c) (1) On July 1, 2026, the Business and Consumer Services Agency succeeds to and is vested with all the duties, powers, purposes, personnel, and responsibilities vested in the Business, Consumer Services, and Housing Agency as they relate to the entities listed in subdivision (b). (2) With respect to any of the functions transferred to the Business and Consumer Services Agency pursuant to this subdivision, whenever any reference to the Business, Consumer Services, and Housing Agency appears in any statute, regulation, or contract, it shall be deemed to refer to the Business and Consumer Services Agency. (d) (1) A state agency, department, or entity may take actions prior to July 1, 2026, that are necessary to ensure that the provisions in this section become operative on July 1, 2026, and are implemented in a timely fashion. (2) The actions described in this subdivision may include, but are not limited to, reassignment of duties between state agencies, departments, or entities pursuant to Section 12080.3, actions relating to planning for the changes provided in the reorganization plan, and the expenditure of funds necessary for the transfer or authority and responsibilities accomplished by the reorganization plan. (e) This section shall become operative on July 1, 2026. (Added by Stats. 2026, Ch. 28, Sec. 34. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  128. 12804.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Governor may appoint up to three deputy secretaries, if recommended by the Secretary of Business and Consumer Services. Those deputy secretaries are exempt from civil service, and this section becomes operative on July 1, 2026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804.3. (a) The Governor, upon the recommendation of the Secretary of Business and Consumer Services, may appoint up to three deputy secretaries who shall serve at the pleasure of the Governor. (b) The deputy secretaries shall be exempt from civil service consistent with subdivision (f) of Section 4 of Article VII of the California Constitution. (c) This section shall become operative on July 1, 2026. (Added by Stats. 2026, Ch. 28, Sec. 35. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  129. 12804.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Covered state civil service employees transferred into the Business and Consumer Services Agency must be moved to that agency, and their status, positions, and rights are preserved except for positions exempt from civil service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804.4. (a) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the Business and Consumer Services Agency pursuant to Section 12804.2 shall be transferred to the Business and Consumer Services Agency. (b) The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions for which the duties are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the Business and Consumer Services Agency. (c) This section shall become operative on July 1, 2026. (Added by Stats. 2026, Ch. 28, Sec. 36. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  130. 12804.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Secretary of Business, Consumer Services, and Housing may develop programs to provide technical and fiscal assistance for nonprofit, self-help community vegetable gardens and related activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804.5. (a) The Secretary of Business, Consumer Services, and Housing is hereby authorized to develop programs for technical and fiscal assistance to facilitate nonprofit, self-help community vegetable gardens and related supporting activities. (b) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2026, Ch. 28, Sec. 37. (SB 170) Effective June 29, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  131. 12804.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Natural Resources Agency takes over the powers and responsibilities that the Department of Food and Agriculture had for Exposition Park.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12804.7. The Natural Resources Agency succeeds to and is vested with all the duties, powers, purposes, and responsibilities, and jurisdiction vested in the Department of Food and Agriculture by Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code with respect to the Exposition Park. (Amended by Stats. 2013, Ch. 352, Sec. 245. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  132. 12805.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Resources Agency is renamed the Natural Resources Agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; Exposition Park; the California Science Center; the California African American Museum; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. (b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable. (Amended by Stats. 2018, Ch. 37, Sec. 15. (AB 1817) Effective June 27, 2018.)
  133. 12805.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Secretary of the Resources Agency must facilitate coordination between the Department of Fish and Game and the California Coastal Commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805.1. The Secretary of the Resources Agency shall facilitate coordination between the Department of Fish and Game and the California Coastal Commission in a manner consistent with, and in furtherance of, the goals and policies of Division 20 (commencing with Section 30000) of the Public Resources Code (the California Coastal Act of 1976) and of Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code (the Natural Community Conservation Planning Act). (Added by Stats. 2000, Ch. 87, Sec. 6. Effective July 5, 2000.)
  134. 12805.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Resources Agency must maintain a land-and-easements database and make recurring information requests, reporting, and public-access arrangements for land acquisitions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805.2. (a) The Resources Agency, in consultation with each department, board, conservancy, and commission within the agency, shall develop and maintain a database of lands and easements that have been acquired by the departments and boards within the Resources Agency. The database shall include, but need not be limited to, all of the following: (1) The name of the owner of the land or easement. (2) The location of the land or easement. (3) The statutory authority for the acquisition of the land or easement. (b) In conjunction with the database described in subdivision (a), the Resources Agency shall do all of the following: (1) On or before September 1, 2002, and each year thereafter, request that all departments, boards, commissions, and conservancies within the Resources Agency provide the Secretary of the Resources Agency with information on any acquisitions of land or funding that was directed to the acquisition of land, undertaken by the department, board, commission, or conservancy. (2) To the extent that the information is available, on or before January 10, 2003, and each year thereafter, require that all departments, boards, commissions, and conservancies within the Resources Agency provide the Secretary of the Resources Agency with general information, including a general geographic description of land acquisition priorities and potential funding sources during the next fiscal year. (3) To the extent feasible, review and evaluate any available information from federal agencies pertaining to its land acquisition activities to coordinate and better understand the impact on California state proposals. (4) Provide a report to the Governor and the Legislature on or before December 31, 2003, and each year thereafter, that does both of the following: (A) Describes the amount of land acquired by each department, board, commission, and conservancy within the Resources Agency during the past year and the amount of money spent for the acquisition. (B) Projects the approximate amount of land that will be acquired by the Resources Agency during the following year. (5) Provide the report described in paragraph (4) to the Secretary of Food and Agriculture and the Director of Conservation. (6) Establish a uniform open process to ensure that information is readily available to the general public, local, state, and federal agencies, adjacent landowners, and other interested parties of record regarding any state hearings to approve proposed state land acquisitions. (7) Develop strategies with local, state, and federal agencies so that a revenue stream is established to ensure management plans are adequately funded for all new acquisitions. (c) This section shall be implemented only during those fiscal years for which funding is provided for the purposes of this section in the annual Budget Act or in another measure. (Added by Stats. 2002, Ch. 8, Sec. 3. Effective January 1, 2003.)
  135. 12805.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Secretary of the Natural Resources Agency must convene a committee to prepare and submit a strategic vision for the Department of Fish and Game and the Fish and Game Commission by July 1, 2012.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805.3. (a) The Secretary of the Natural Resources Agency shall convene a committee to develop and submit to the Governor and the Legislature, before July 1, 2012, a strategic vision for the Department of Fish and Game and the Fish and Game Commission. (b) The committee members shall include all of the following: (1) The Secretary of the Natural Resources Agency. (2) The Director of Fish and Game. (3) The president of the Fish and Game Commission. (4) The chair of the State Energy Resources Conservation and Development Commission. (5) A representative of the University of California. (6) Representatives of the United States Fish and Wildlife Service and the National Marine Fisheries Service, if they choose to participate. (c) The strategic vision shall address all of the following matters: (1) Improving and enhancing capacity of the department and the commission to fulfill their public trust responsibilities to protect and manage the state’s fish and wildlife for their ecological values and for the use and benefit of the people of the state. (2) Comprehensive biodiversity management, including conservation planning and monitoring. (3) Sustainable ecosystem functions, including terrestrial, freshwater, and marine habitat. (4) Opportunities for sustainable recreational and commercial harvest of fish and wildlife. (5) Permitting, regulatory, and enforcement functions. (6) Science capacity and academic relationships, including strategies to protect and enhance the independence and integrity of the science that forms the basis for department and commission policies and decisions. (7) Education, communication, and relations with the public, landowners, nonprofit entities, and land management agencies. (8) Reforms necessary to take on the challenges of the 21st century, including, but not necessarily limited to: (A) Climate change and adaptation. (B) Meeting California’s future renewable energy needs while protecting sensitive habitat. (C) The restoration of the state’s native fish species. (D) Implementing and updating the state’s Wildlife Action Plan. (9) The development and deployment of technology to meet the department’s mission, including data modeling, collection, and online reporting. (10) Budget and fiscal development, accounting, and management. (11) Coordination among state agencies. (12) Recommendations for institutional or governance changes, including clarification of the roles of the commission and the department. (13) Strategies for identifying stable funding options to fulfill the mission of the department while reducing dependency on the General Fund. (14) Other recommendations deemed desirable by the committee. (d) The committee shall seek input from elected officials, governmental agencies, and interested parties, and shall review existing reports and studies on the functioning of the department and other state models for fish and wildlife governance. (e) For the purposes of carrying out this section, the committee may also seek input from other policy and resource leaders. (f) (1) The committee, its members, and state agencies represented on the committee may contract for consultants to assist in the preparation of the strategic vision. (2) Contracts entered into pursuant to paragraph (1) shall terminate no later than December 31, 2011. (3) Contracts entered into pursuant to paragraph (1) shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (g) The Governor or the committee shall appoint a “blue ribbon” citizen commission or task force, a stakeholder advisory group, and any other group that the Governor or the committee deems necessary or desirable to assist in carrying out this section. A stakeholder advisory group appointed pursuant to this section shall be broadly constructed to represent a diverse range of interests affected by state policies that govern fish and wildlife, including, but not necessarily limited to, persons representing fishing and hunting interests, nonprofit conservation organizations, nonconsumptive recreational users, landowners, scientific and educational interests, and other interests or entities dedicated to habitat conservation and protection of public trust resources. The committee convened pursuant to subdivision (a), in developing the strategic vision, shall take into account the recommendations of any group appointed pursuant to this subdivision. (h) (1) The requirement for submitting the strategic vision imposed under subdivision (a) is inoperative on January 1, 2015, pursuant to Section 10231.5 of the Government Code, or on the date that the strategic vision is submitted, whichever date is later. (2) The strategic vision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2010, Ch. 424, Sec. 1. (AB 2376) Effective January 1, 2011.)
  136. 12805.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Governor must send the Legislature an annual environmental report by March 15 and, with it, give an environmental message and make related recommendations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805.5. (a) The Governor, utilizing the staff and resources of state agencies, shall transmit to the Legislature, not later than March 15 of each year, an environmental report designated as the “Environmental Report of the Governor” setting forth all of the following: (1) A review of environmental developments during the preceding calendar year, including trends in air quality, water quality, solid waste, the generation and disposal of hazardous waste, population growth, the growth in number of vehicles, depletion of natural resources, and other indicators of environmental quality and pollution. (2) Forecasts of trends in major indicators of environmental quality, resource depletion, and pollution. (3) Insofar as possible within existing resources, an evaluation of the economic and human health costs of resource depletion, pollution, and changes in environmental quality. (4) Additional material on the California environment that is pertinent and of interest, with historical analysis and future projections whenever possible. (5) Summaries of state policies and actions that relate to environmental developments and trends. (6) A status update on the California Environmental Technology Program established pursuant to Section 12812.5. (b) In conjunction with the environmental report, the Governor shall present an environmental message reviewing significant environmental achievements of the past year, outlining problem areas, and defining environmental policy, and shall make recommendations as may be appropriate for programs to decrease pollution, improve environmental quality, and protect natural resources. (Amended by Stats. 1993, Ch. 1306, Sec. 2. Effective October 11, 1993.)
  137. 12805.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Resources Agency must identify certain key buffer properties for future conservation. Any acquisition of land or a conservation easement on identified property must occur with a willing seller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805.6. The Resources Agency shall identify, for future conservation, key buffer properties adjacent to large ecologically valuable working landscapes that provide significant economic benefits to the state, such as active military or National Guard properties, whose future viability could be threatened by encroachment of incompatible land use activities. An acquisition of a land or conservation easement on property identified pursuant to this section shall occur with a willing seller. (Added by Stats. 2006, Ch. 77, Sec. 6. Effective July 18, 2006.)
  138. 12805.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Natural Resources Agency must prepare, publish, and submit an annual report on wildfire and forest resilience programs funded by the 2020 and 2021 Budget Acts from 2022 through 2026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12805.9. (a) On or before April 1, 2022, and annually thereafter on April 1 of each year until April 1, 2026, the Natural Resources Agency shall develop a report on all programs related to wildfires and forest resilience funded pursuant to the Budget Act of 2020 and the Budget Act of 2021 for the purpose of informing the Legislature and the public on the agency’s implementation of the funded programs. (b) In developing the report required pursuant to subdivision (a), the Natural Resources Agency shall consult with the departments, boards, conservancies, and commissions within the agency, as well as any other state government entities the agency deems appropriate. (c) The Natural Resources Agency shall include in the report required pursuant to subdivision (a), for each program funded pursuant to the Budget Act of 2020 and the Budget Act of 2021, all of the following: (1) The amount of funding committed to the program and the amount of funding spent on the program from the Budget Act of 2020 and the Budget Act of 2021 for the prior fiscal year. (2) The total amount of funding committed to the program and the total amount of funding spent on the program from the Budget Act of 2020 and the Budget Act of 2021 through the current fiscal year. (3) A summary of the projects implemented by the program, including all of the following: (A) The number of projects for which funding has been committed, as well as the number of projects completed. (B) The geographic distribution of projects funded by county and region, including the number of projects and the average project cost per county and region. The Natural Resources Agency shall establish regions, as appropriate, for purposes of the report. (C) The criteria used to prioritize and select the projects that received funding. (d) The Natural Resources Agency shall, on or before April 1, 2022, and annually thereafter on April 1 of each year until April 1, 2026, do all of the following: (1) Publish the report required pursuant to subdivision (a) on its internet website. (2) Submit the report required pursuant to subdivision (a) to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. (3) Submit the report required pursuant to subdivision (a) to the Legislative Analyst’s Office. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2021, Ch. 258, Sec. 3. (SB 155) Effective September 23, 2021. Repealed as of January 1, 2027, by its own provisions.)
  139. 12806.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The California Health and Human Services Agency and its Secretary succeed to the duties, powers, purposes, responsibilities, and jurisdiction of the Health and Welfare Agency and its Secretary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12806. (a) The California Health and Human Services Agency shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Health and Welfare Agency. (b) The Secretary of the California Health and Human Services Agency shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Secretary of the Health and Welfare Agency. (Repealed and added by Stats. 1998, Ch. 817, Sec. 4. Effective January 1, 1999.)
  140. 12807.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Resources Agency and its Secretary take over specified powers and responsibilities tied to the Office of Atomic Energy Development and Radiation Protection, now renamed the Office of Nuclear Energy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12807. (a) The Resources Agency succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Health and Welfare Agency in respect to the Office of Atomic Energy Development and Radiation Protection, which, by Section 12803, is renamed the Office of Nuclear Energy and transferred to the Resources Agency. The Secretary of the Resources Agency succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Administrator of the Health and Welfare Agency in respect to the Office of Atomic Energy Development and Radiation Protection. (b) Any reference to the Health and Welfare Agency or to the administrator of that agency in any law pertaining to the Office of Atomic Energy Development and Radiation Protection or the Office of Nuclear Energy shall be considered a reference to the Resources Agency or to the Secretary of the Resources Agency, as the case may be, unless the context otherwise requires. (Added by Stats. 1969, Ch. 138.)
  141. 12807.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Secretary of the Resources Agency must consider a specified park project when reviewing certain projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12807.5. The Secretary of the Resources Agency, in reviewing projects pursuant to Sections 5096.87 and 5096.128 of the Public Resources Code, shall consider the arborescent prototype park project of the Southgate Recreation and Park District in Sacramento County. It is the intent of the Legislature that, if the secretary deems that project to be among projects of highest priority and there are insufficient moneys available under the Z’berg-Collier Park Bond Act and the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976 to fund a one hundred seventy-two thousand dollar ($172,000) grant to the district for that project, any deficiency in that grant be made from other available sources. (Amended by Stats. 2006, Ch. 538, Sec. 253. Effective January 1, 2007.)
  142. 12807.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Resources Agency must create a loan program and a grant program for qualifying commercial fishing workers, and may make loans and grants subject to stated limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12807.6. (a) The Resources Agency shall establish a revolving low-interest loan program and a grant program for commercial fishing vessel owners, operators, and crew members whose primary source of income for each of the last five years has been derived from commercial fishing. The purpose of the low-interest loan program and the grant program is to provide financial assistance to these commercial fishermen who have suffered devastating economic losses from the drought. (b) Commercial fishing vessel owners, operators, and crew members may apply for a loan under the program at an interest rate not to exceed 3 percent per annum in order to assist them in rescheduling their debts for commercial fishing vessels, homes, and motor vehicles. Applicants shall demonstrate to the Resources Agency the necessity to reschedule these loans. (c) The Resources Agency may provide grants, not to exceed three months’ payment or five thousand dollars ($5,000), whichever is less, to commercial fishermen for the purpose of making payments on commercial fishing vessels, homes, and motor vehicles. Applicants for these grants shall have previously submitted applications for low-interest loans pursuant to subdivision (b). Checks for the amount of the grant shall be issued to the lender who holds title to the property. (Added by Stats. 1991, 1st Ex. Sess., Ch. 11, Sec. 3. Effective October 7, 1991.)
  143. 12808.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Health and Welfare Agency and the Resources Agency may use unexpended Human Relations Agency funds tied to transferred functions, but only for the purposes originally assigned to those funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12808. The Health and Welfare Agency and the Resources Agency may use the unexpended balances of funds available for use by the Human Relations Agency in connection with the functions of the Human Relations Agency that are transferred to or vested in the Health and Welfare Agency or the Resources Agency by Section 12803, 12806, or 12807, as the case may be. Such funds shall be used by the Health and Welfare Agency and the Resources Agency only for the purposes for which they were originally appropriated or otherwise made available to the Human Relations Agency. (Amended by Stats. 1982, Ch. 624, Sec. 6.)
  144. 12809.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Certain Human Relations Agency civil service officers and employees must be transferred to the Health and Welfare Agency or the Resources Agency, and their status, positions, and rights are preserved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12809. All officers and employees of the Human Relations Agency who, on the effective date of the 1972 amendment of this section, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function transferred to or vested in the Health and Welfare Agency or the Resources Agency by Section 12803, 12806, or 12807 shall be transferred to the Health and Welfare Agency or the Resources Agency, as the case may be. The status, positions, and rights of such persons shall not be affected by the transfer, and shall be retained by them as officers and employees of the Health and Welfare Agency or the Resources Agency pursuant to the State Civil Service Act, except as to positions exempt from civil service in the Human Relations Agency. (Amended by Stats. 1982, Ch. 624, Sec. 7.)
  145. 12810.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Health and Welfare Agency and the Resources Agency must control certain records and property tied to Human Relations Agency functions transferred to them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12810. The Health and Welfare Agency and the Resources Agency shall have the possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of the Human Relations Agency in the performance of the duties, powers, purposes, responsibilities, and jurisdiction of the Human Relations Agency that are transferred to or vested in the Health and Welfare Agency or the Resources Agency by Section 12803, 12806, or 12807. (Amended by Stats. 1982, Ch. 624, Sec. 8.)
  146. 12811.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    This section says certain older references to the Health and Welfare Agency, or its secretary, are to be read as references to the Youth and Adult Correctional Agency, or its secretary, for matters involving the Department of Corrections or the Department of the Youth Authority, unless context indicates otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12811.2. Any reference in any law in effect on June 30, 1979, to the Health and Welfare Agency or to the secretary of that agency, with respect to the Department of Corrections or the Department of the Youth Authority shall be considered a reference to the Youth and Adult Correctional Agency or to the Secretary of the Youth and Adult Correctional Agency, as the case may be, unless the context otherwise requires. (Added by Stats. 1982, Ch. 624, Sec. 11.)
  147. 12811.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    This section lets certain peace officers in the Department of Corrections and Rehabilitation transfer to another covered department, board, or commission, but it sets limits for firearm use, training, screening, and background checks.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12811.3. (a) Notwithstanding any other provision of law and subject to the provisions of subdivision (i), any employee of a department, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation, who is designated as a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may transfer from the employee’s current position to another department, board, or commission under the jurisdiction of the Department of Corrections and Rehabilitation. (b) Any peace officer who desires to transfer to another department, board, or commission pursuant to subdivision (a), and who is prohibited from carrying a firearm pursuant to state or federal law shall not transfer to a department, board, or commission that requires the use of a firearm. (c) Any peace officer who desires to transfer to another department, board, or commission pursuant to subdivision (a) to a position requiring the ability to carry a firearm, as determined by the department, board, or commission, and who has not completed the required training pursuant to Section 832 of the Penal Code, shall successfully complete the required training before appointment to a new peace officer position. (d) (1) Any peace officer who desires to transfer shall not be required to undergo a psychological screening pursuant to subdivision (f) of Section 1031 of this code or subdivision (a) of Section 13601 of the Penal Code, unless the Secretary of the Department of Corrections and Rehabilitation, or the secretary’s designee, makes a determination that a peace officer is required to undergo all or a portion of a psychological screening as described in subdivision (f) of Section 1031 of this code or subdivision (a) of Section 13601 of the Penal Code. (2) The Secretary of the Department of Corrections and Rehabilitation shall promulgate emergency regulations in order to implement paragraph (1). Notwithstanding subdivision (b) of Section 11346.1, no showing of an emergency shall be necessary in order to adopt, amend, or repeal the emergency regulations required by this paragraph. (e) Any peace officer who has successfully completed a course of training pursuant to Section 13602 of the Penal Code and who transfers to another department, board, or commission pursuant to subdivision (a) shall not be required to complete a new course of training pursuant to Section 13602 of the Penal Code. However, each department, board, or commission may prescribe additional training to be provided to an employee who transfers pursuant to subdivision (a) and shall provide that training within the first six months of appointment to a new peace officer position. (f) Any peace officer who desires to transfer to another department, board, or commission pursuant to subdivision (a) shall not be required to undergo a new background investigation pursuant to Section 1029.1. (g) Nothing in this section shall affect an employee’s seniority calculation as provided for under current law or any memorandum of understanding between the state and any applicable bargaining unit agreement in effect upon the effective date of this section. (h) The provisions of the Unit 6 Memorandum of Understanding, which expires July 2, 2006, as modified by the ratified addendum dated June 30, 2004, relating to the release of copies of video recorded incidents, shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (i) This section shall become operative only when the Secretary of the Department of Corrections and Rehabilitation certifies in writing that it is necessary to prevent or minimize employment actions, including, but not limited to, layoffs, demotions, reductions in time base, or involuntary transfers of employees. In addition, the Secretary of the Department of Corrections and Rehabilitation shall have the sole authority to designate any or all departments, boards, or commissions eligible to have its peace officer employees transfer pursuant to subdivision (a) and any or all departments, boards, or commissions that shall accept peace officer employees under this section. (Amended by Stats. 2021, Ch. 615, Sec. 176. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Section conditionally operative as provided in subd. (i).)
  148. 12812.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    This section creates a deputy secretary role for environmental law enforcement and gives that person authority to coordinate enforcement, create a cross-media enforcement unit, refer violations to prosecutors, and require notice before using that referral power, with a limited exception.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12812.2. (a) One of the deputies to the Secretary for Environmental Protection shall be a deputy secretary for law enforcement and counsel, who, subject to the direction and supervision of the secretary, shall have the responsibility and authority to do all of the following: (1) Develop a program to ensure that the boards, departments, offices, and other agencies that implement laws or regulations within the jurisdiction of the California Environmental Protection Agency take consistent, effective, and coordinated compliance and enforcement actions to protect public health and the environment. The program shall include training and cross-training of inspection and enforcement personnel of those boards, departments, offices, or other agencies to ensure consistent, effective, and coordinated enforcement. (2) (A) In consultation with the Attorney General, establish a cross-media enforcement unit to assist a board, department, office, or other agency that implements a law or regulation within the jurisdiction of the California Environmental Protection Agency, to investigate and prepare matters for enforcement action in order to protect public health and the environment. The unit may inspect and investigate a violation of a law or regulation within the jurisdiction of the board, department, office, or other agency, including a violation involving more than one environmental medium and a violation involving the jurisdiction of more than one board, department, office, or agency. The unit shall exercise its authority consistent with the authority granted to the head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1. (B) Each board, department, or office within the California Environmental Protection Agency shall participate and have representatives in the cross-media enforcement unit established pursuant to this section. The unit, including those representatives, shall undertake activities consistent with Section 71110 of the Public Resources Code and shall give priority to activities in disadvantaged communities identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. (3) Refer a violation of a law or regulation within the jurisdiction of a board, department, office, or other agency that implements a law or regulation within the jurisdiction of the California Environmental Protection Agency to the Attorney General, a district attorney, or city attorney for the filing of a civil or criminal action. (4) Exercise the authority granted pursuant to paragraph (3) only after providing notice to the board, department, office, or other agency unless the secretary determines that notice would compromise an investigation or enforcement action. (b) Nothing in this section shall authorize the deputy secretary for law enforcement and counsel to duplicate, overlap, compromise, or otherwise interfere with an investigation or enforcement action undertaken by a board, department, office, or other agency that implements a law or regulation subject to the jurisdiction of the California Environmental Protection Agency. (c) The Environmental Protection Agency shall post on its Web site, updated no later than December 1 of each year, the status of the implementation of this section. (Amended by Stats. 2016, Ch. 340, Sec. 15. (SB 839) Effective September 13, 2016.)
  149. 12812.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    A deputy to the Secretary for Environmental Protection must be designated as the deputy secretary for external affairs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12812.3. One of the deputies to the Secretary for Environmental Protection authorized pursuant to Section 12812.1 shall be a deputy secretary for external affairs who shall provide public outreach, communication to individuals and communities impacted by permitted activities, and technical support to businesses subject to regulation by one or more boards, departments, or offices within the California Environmental Protection Agency. (Added by Stats. 1999, Ch. 65, Sec. 2. Effective January 1, 2000.)
  150. 12812.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The California Environmental Protection Agency must, by March 1, 1994, set up support and coordination activities for California-based environmental technology companies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12812.5. On or before March 1, 1994, the California Environmental Protection Agency, using existing resources and in consultation with other relevant agencies in state and local government, shall do all of the following: (a) Establish an environmental technologies clearinghouse, which shall include, but not be limited to, maintaining information on California-based environmental technology companies and information on funding sources for environmental technology endeavors and making this information available to interested parties. (b) Make available technical assistance within the California Environmental Protection Agency to assist California-based environmental technology companies to improve export opportunities, and to enhance foreign buyers’ awareness of, and access to, environmental technologies and services offered by California-based companies. The technical assistance may include, but is not limited to, organizing and leading trade missions, receiving reverse trade missions, referral services, reviewing project opportunities, and notifying California-based companies of export opportunities and trade shows. (c) Perform research studies and solicit technical advice to identify international market opportunities for California-based environmental technology companies. (d) Participate in federally and other nonstate funded technical exchange programs, when appropriate, to increase foreign buyers’ interest in California’s environmental technologies. (e) Coordinate activities in state government, and with the federal government and other countries’ governments, to take advantage of trade promotion and financial assistance opportunities available to California-based environmental technology companies. (Amended by Stats. 2004, Ch. 644, Sec. 6. Effective January 1, 2005.)
  151. 12812.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    The Secretary for Environmental Protection must coordinate greenhouse gas emission reductions and climate-change activities in state government.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12812.6. The Secretary for Environmental Protection shall coordinate greenhouse gas emission reductions and climate-change activities in state government. (Added by Stats. 2004, Ch. 230, Sec. 4. Effective August 16, 2004.)
  152. 12813.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    This section lists what offices, boards, departments, councils, and related bodies make up the Labor and Workforce Development Agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12813. The Labor and Workforce Development Agency consists of the following: (a) Office of the Secretary of Labor and Workforce Development. (b) Agricultural Labor Relations Board. (c) California Workforce Development Board. (d) Department of Industrial Relations, including the California Apprenticeship Council, California Occupational Safety and Health Appeals Board, California Occupational Safety and Health Standards Board, Commission on Health and Safety and Workers’ Compensation, Industrial Welfare Commission, Interagency Advisory Committee on Apprenticeship, State Compensation Insurance Fund, and Workers’ Compensation Appeals Board. (e) Employment Development Department, including the California Unemployment Insurance Appeals Board, and the Employment Training Panel. (Amended by Stats. 2018, Ch. 704, Sec. 15. (AB 235) Effective September 22, 2018.)
  153. 12813.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Public Employment Relations Board is in the Labor and Workforce Development Agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12813.5. The Public Employment Relations Board is in the Labor and Workforce Development Agency. (Added by Stats. 2013, Ch. 352, Sec. 246. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  154. 12814.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Certain California state agencies and related public bodies may isolate specified computer systems and devices during a limited New Year 2000 window if they have written authorization.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12814. (a) Notwithstanding any other provision of law, each state agency or department or political subdivision of the state may isolate any of its automated applications, computer hardware, or networking devices from nonproprietary networks, input streams, power sources, or other devices at any time and for any duration from 3 a.m. on December 31, 1999, to 12 p.m. on January 1, 2000, inclusive, if the Governor, the Chief Information Officer, upon designation of the Governor, or the Governor’s Year 2000 Problem Executive Council, as established in Executive Order D-3-99, grants a written authorization for the proposed isolation. (b) For the purposes of this section, the term “Year 2000 Problem” has the same meaning as that set forth in subdivision (a) of Section 3269 of the Civil Code. (Added by Stats. 1999, Ch. 784, Sec. 19. Effective October 10, 1999.)
  155. 12815.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

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    This section creates the Office of Data and Innovation, sets its leadership and duties, and gives the director and CDO powers over data policy, training, reporting, and fund administration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12815. (a) The Office of Data and Innovation is hereby established within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2. (b) There shall be a Director of the Office of Data and Innovation. The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 22. (c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. (d) For the purposes of this section: (1) “Director” means the Director of the Office of Data and Innovation. (2) “CDO” means Chief Data Officer of the Office of Data and Innovation. (3) “Fund” means the Data and Innovation Services Revolving Fund. (4) “Office” means the Office of Data and Innovation. (5) “Open data” means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. (6) “Service delivery” means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities. (7) “State entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies. (e) The office’s mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office shall fulfill this mission by: (1) Collaborating with state entities to transform government services. The office shall focus on measurably improving services using a deliberate, user-focused approach and data-informed practices. (2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions. (3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. (4) Rethinking and improving how the state buys digital services and datasets. (5) Expanding the use of common platforms, services, and tools. (f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office. (g) The director shall establish a program to improve the state’s service delivery and data functions, guided by service delivery and data best practices. (1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities. (2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office. (h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding: (1) Service delivery design, implementation, maintenance, and operations. (2) Service delivery assessments. (3) Service delivery improvement and problem mitigation. (4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. (i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section. (j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data. (k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities’ existing or proposed service delivery functions. (m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office. (1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977. (2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement. (3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed. (4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law. (n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (o) (1) Effective July 1, 2020, the Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all moneys properly credited to the office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established. (2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following: (A) A list of past and current engagements organized by state entity. (B) A list of proposed and approved information technology projects that received funding from the fund. (C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund. (3) The fund shall consist of all of the following: (A) Moneys appropriated and made available by the Legislature for the purposes of this section. (B) Donations, endowments, or grants of funds from private or public sources that commit to the office’s mission of the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose. (C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. (p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381. (Amended by Stats. 2022, Ch. 569, Sec. 31. (AB 156) Effective September 27, 2022.)
  156. 12816.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    A Chief Equity Officer must be appointed in the Government Operations Agency, report to the Secretary, and work to improve equity and inclusion in state government operations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## 12816.5. (a) Within the Government Operations Agency there shall be a Chief Equity Officer. The Chief Equity Officer shall be appointed by, and serve at the pleasure of, the Governor. The Chief Equity Officer shall report to the Secretary, or the Secretary’s designee, of the Government Operations Agency. (b) The Chief Equity Officer’s duty shall be to improve equity and inclusion throughout state government operations. The Chief Equity Officer is hereby authorized to engage with state entities for the purpose of improving equity and inclusion practices within state entities. (c) The Chief Equity Officer may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual, Human Resources Manual, or State Contracting Manual regarding equity and inclusion policies, processes, and procedures. (Added by Stats. 2022, Ch. 48, Sec. 28. (SB 189) Effective June 30, 2022.)
  157. 12838.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    This section creates the Department of Corrections and Rehabilitation and sets who appoints its top officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838. (a) There is hereby created in state government the Department of Corrections and Rehabilitation, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. The Department of Corrections and Rehabilitation shall consist of Adult Operations, Adult Programs, Health Care Services, Juvenile Justice, the Board of Parole Hearings, the Board of Juvenile Hearings, the State Commission on Juvenile Justice, the California Correctional Training and Rehabilitation Authority, and the California Correctional Training and Rehabilitation Board. (b) The Governor, upon recommendation of the secretary, may appoint three undersecretaries of the Department of Corrections and Rehabilitation, subject to Senate confirmation. The undersecretaries shall hold office at the pleasure of the Governor. One undersecretary shall oversee administration, one undersecretary shall oversee health care services, and one undersecretary shall oversee operations for the department. (c) The Governor, upon recommendation of the secretary, shall appoint a Chief for the Office of Victim Services, and a Chief for the Office of Correctional Safety, both of whom shall serve at the pleasure of the Governor. (Amended by Stats. 2025, Ch. 241, Sec. 10. (SB 857) Effective January 1, 2026.)
  158. 12838.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    This section creates several divisions within the Department of Corrections and Rehabilitation and requires each one to have a director, with the Governor appointing those directors under stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.1. (a) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Administration, the following divisions: (1) The Division of Enterprise Information Services, the Division of Facility Planning, Construction, and Management, and the Division of Administrative Services. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor. (2) The Division of Correctional Policy Research and Internal Oversight. This division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, who shall serve at the pleasure of the Governor. (b) There is hereby created in the Department of Corrections and Rehabilitation, under the Undersecretary for Health Care Services, the Division of Health Care Operations and the Division of Health Care Policy and Administration. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor. (c) There is hereby created within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, the Division of Adult Parole Operations, the Division of Juvenile Justice, and the Division of Rehabilitative Programs. Each division shall be headed by a director, who shall be appointed by the Governor, upon recommendation of the secretary, subject to Senate confirmation, who shall serve at the pleasure of the Governor. (d) The Governor shall, upon recommendation of the secretary, appoint four subordinate officers to the Division of Adult Institutions, subject to Senate confirmation, who shall serve at the pleasure of the Governor. Each subordinate officer appointed pursuant to this subdivision shall oversee an identified category of adult institutions, one of which shall be female offender facilities. (e) (1) Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Operations” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Adult Institutions. (2) Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Adult Programs” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Rehabilitative Programs. (3) Unless the context clearly requires otherwise, whenever the term “Chief Deputy Secretary for Juvenile Justice” appears in any statute, regulation, or contract, it shall be construed to refer to the Director of the Division of Juvenile Justice. (Repealed and added by Stats. 2020, Ch. 337, Sec. 9. (SB 823) Effective September 30, 2020.)
  159. 12838.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    Money and property tied to functions transferred to the Department of Corrections and Rehabilitation must be turned over to that department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.10. On and after July 1, 2005, the unencumbered balance of all money available for expenditure by the predecessor entities, continuing entities, and any of their predecessors in carrying out any functions transferred to the Department of Corrections and Rehabilitation by this measure shall be made available for the support and maintenance of the Department of Corrections and Rehabilitation. All books, documents, records, and property of the predecessor entities shall be transferred to the Department of Corrections and Rehabilitation. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  160. 12838.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    Certain Governor-appointed positions are transferred to the Department of Corrections and Rehabilitation, and transferred employees serve at the Governor’s pleasure unless the law says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.11. On and after July 1, 2005, positions filled by appointment by the Governor in the predecessor entities or continuing entities shall be transferred to the Department of Corrections and Rehabilitation. Individuals in positions transferred pursuant to this section shall serve at the pleasure of the Governor, unless as otherwise expressly stated. Titles of positions transferred pursuant to this section shall be determined by the secretary with the approval of the Governor. Salaries of positions transferred shall remain at the level established pursuant to law on June 30, 2005. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  161. 12838.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    Some civil service officers or employees must be transferred to the Department of Corrections and Rehabilitation, and others must keep their status with the continuing entity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.12. (a) Any officer or employee of the predecessor entities who is engaged in the performance of a function specified in this reorganization plan and who is serving in the state civil service, other than as a temporary employee, shall be transferred to the Department of Corrections and Rehabilitation pursuant to the provisions of Section 19050.9. (b) Any officer or employee of the continuing entities who is engaged in the performance of a function specified in this reorganization plan and who is serving in the state civil service, other than as a temporary employee, shall continue such status with the continuing entity pursuant to the provisions of Section 19050.9. (c) The status, position, and rights of any officer or employee of the predecessor entities shall not be affected by the transfer and shall be retained by the person as an officer or employee of the Department of Corrections and Rehabilitation, as the case may be, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to a position that is exempt from civil service. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  162. 12838.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    This article becomes operative on July 1, 2005.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.13. This article shall become operative as of July 1, 2005. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10. Note: This section prescribes July 1, 2005, as the operative date for Article 14, commencing with Section 12838.)
  163. 12838.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    The Board of Parole Hearings is created, consists of 21 commissioners, and its commissioners are appointed by the Governor with Senate confirmation for three-year terms.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.4. The Board of Parole Hearings is hereby created. The Board of Parole Hearings shall be comprised of 21 commissioners, who shall be appointed by the Governor, subject to Senate confirmation, for three-year terms. The Board of Parole Hearings hereby succeeds to, and is vested with, all the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the following entities, which shall no longer exist: Board of Prison Terms, Narcotic Addict Evaluation Authority, and Youthful Offender Parole Board. For purposes of this article, the above entities shall be known as “predecessor entities.” (Amended by Stats. 2021, Ch. 80, Sec. 1. (AB 145) Effective July 16, 2021.)
  164. 12838.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    The Department of Corrections and Rehabilitation takes over the powers, functions, duties, liabilities, and jurisdiction of several listed predecessor entities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.5. The Department of Corrections and Rehabilitation hereby succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the following entities, which shall no longer exist: Youth and Adult Correctional Agency, Department of Corrections, Department of the Youth Authority, Commission on Correctional Peace Officer Standards and Training, Board of Corrections, and State Commission on Juvenile Justice, Crime and Delinquency Prevention. For purposes of this article, the above entities shall be known as “predecessor entities.” (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  165. 12838.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    Several named entities must continue to exist within the Department of Corrections and Rehabilitation and keep their existing functions, powers, responsibilities, and jurisdiction, unless the statute expressly says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.6. The following entities shall be continued in existence within the Department of Corrections and Rehabilitation and shall retain existing functions, powers, responsibilities, and jurisdiction, except as expressly provided otherwise: California Correctional Training and Rehabilitation Authority, California Correctional Training and Rehabilitation Board, California Council for Interstate Adult Offender Supervision, and the Joint Venture Policy Advisory Board. For purposes of this article, these shall be known as “continuing entities.” (Amended by Stats. 2025, Ch. 111, Sec. 1. (SB 157) Effective September 17, 2025.)
  166. 12838.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    During the closure of the Division of Juvenile Justice, the director may transfer its powers and related matters to the Department of Corrections and Rehabilitation, and those matters vest in that department when closure is final.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.65. During the closure of the Division of Juvenile Justice, the director shall have the authority to transfer powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the division to the Department of Corrections and Rehabilitation, which shall succeed to, and be so vested, upon transfer. Upon final closure of the Division of Juvenile Justice, all remaining powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the division shall succeed to, and be vested, with the Department of Corrections and Rehabilitation. Any action concerning the transferred powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction shall not abate but shall continue in the name of the Department of Corrections and Rehabilitation, and the Department of Corrections and Rehabilitation shall be substituted for the Division of Juvenile Justice by the court wherein the action is pending. (Added by Stats. 2022, Ch. 58, Sec. 2. (AB 200) Effective June 30, 2022.)
  167. 12838.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation serves as the department’s chief executive officer and has the powers of a state department head. The secretary must also ensure compliance with specified state and federal agreements and obligations tied to department operations or funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.7. (a) The Secretary of the Department of Corrections and Rehabilitation shall serve as the Chief Executive Officer of the Department of Corrections and Rehabilitation and shall have all of the powers and authority which are conferred upon a head of a state department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Without limiting any other powers or duties, the secretary shall assure compliance with the terms of any state plan, memorandums of understanding, administrative order, interagency agreements, assurances, single state agency obligations, federal statute and regulations, and any other form of agreement or obligation that vital government activities rely upon, or are a condition to, the continued receipt by the department of state or federal funds or services. This includes, but is not limited to, the designation, appointment, and provision of individuals, groups, and resources to fulfill specific obligations of any agency, board, or department that is abolished pursuant to Section 12838.4 or 12838.5. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  168. 12838.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    Existing regulations are continued, references to predecessor entities are read as references to the Department of Corrections and Rehabilitation, and pending actions do not abate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.8. All regulations adopted by the predecessor entities, continuing entities, and any of their predecessors are expressly continued in force. Any statute, law, rule, or regulation now in force, or that may hereafter be enacted or adopted with reference to the predecessor entities and any of their predecessors shall mean the Department of Corrections and Rehabilitation. Any action concerning these duties, responsibilities, obligations, liabilities, and functions shall not abate but shall continue in the name of the Department of Corrections and Rehabilitation, and the Department of Corrections and Rehabilitation shall be substituted for the predecessor entities and continuing entities by the court wherein the action is pending. The substitution shall not affect the rights of the parties to the action. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  169. 12838.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must assume the predecessor entities’ rights, obligations, and duties, while existing agreements stay in force and certain bond-related obligations transfer to a newly created entity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.9. No contract, lease, license, or any other agreement to which the predecessor entities, continuing entities, and any of their predecessors are a party shall be void or voidable by reason of this measure, but shall continue in full force and effect, with the Department of Corrections and Rehabilitation assuming all of the rights, obligations, and duties of the predecessor entities. That assumption by the Department of Corrections and Rehabilitation shall not in any way affect the rights of the parties to the contract, lease, license, or agreement. Bonds issued by the predecessor entities, continuing entities, and any of their predecessors on or before July 1, 2005, shall become the indebtedness of any newly created entity. Any ongoing obligations or responsibilities of the predecessor entities, continuing entities, and any of their predecessors for managing and maintaining bond issuances shall be transferred to the newly created entity without impairment to any security contained in the bond instrument. (Added by Stats. 2005, Ch. 10, Sec. 6. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10 and Section 12838.13.)
  170. 12838.95.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. )

    Verify source ↗

    Agreements involving the Division of Juvenile Justice do not become void or voidable because the division closes, and they continue in force.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 1. Administration [12800 - 12838.13] ( Chapter 1 added by Stats. 1961, Ch. 2037. ) ## ARTICLE 14. Department of Corrections and Rehabilitation [12838 - 12838.13] ( Article 14 added by Stats. 2005, Ch. 10, Sec. 6. ) ## 12838.95. No contract, lease, license, grant, or any other agreement to which the Division of Juvenile Justice is a party shall be void or voidable by reason of closure of the Division of Juvenile Justice, but shall continue in full force and effect, with the Department of Corrections and Rehabilitation assuming all of the rights, obligations, and duties of the Division of Juvenile Justice. (Added by Stats. 2022, Ch. 58, Sec. 3. (AB 200) Effective June 30, 2022.)
  171. 12850.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The secretary of each agency has general supervision over the agency’s departments, offices, and units, and is directly responsible to the Governor for their operations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12850. The secretary of each agency has the power of general supervision over, and is directly responsible to the Governor for, the operations of each department, office, and unit within the agency. (Amended by Stats. 1969, Ch. 138.)
  172. 12850.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Each agency secretary must advise and assist the Governor on major policy and program matters, and act as the main communication link between the Governor and units within the agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12850.2. The secretary of each agency shall advise the Governor on, and assist him in establishing, major policy and program matters affecting each department, office, or other unit within the agency, and shall serve as the principal communication link for the effective transmission of policy problems and decisions between the Governor and each such department, office, or other unit. (Added by Stats. 1969, Ch. 138.)
  173. 12850.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Each agency secretary must exercise the Governor’s authority for agency functions and coordinate agency activities, including resolving conflicts within the agency and with other agencies at every level of government.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12850.4. The secretary of each agency shall exercise the authority vested in the Governor in respect to the functions of each department, office, or other unit within the agency, including the adjudication of conflicts between or among the departments, offices, or other units; and shall represent the Governor in coordinating the activities of each such department, office, or other unit with those of other agencies, federal, state, or local. (Added by Stats. 1969, Ch. 138.)
  174. 12850.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Each agency secretary is responsible for sound fiscal management and must review, approve, monitor, and improve the departments and units within the agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12850.6. The secretary of each agency shall be generally responsible for the sound fiscal management of each department, office, or other unit within his agency. He shall review and approve the proposed budget of each such department, office, or other unit. He shall hold the head of each such department, office, or other unit responsible for management control over the administrative, fiscal, and program performance of his department, office, or other unit. He shall review the operations and evaluate the performance at appropriate intervals of each such department, office, or other unit. He shall seek continually to improve the organization structure, the operating policies, and the management information systems of each such department, office, or other unit. (Added by Stats. 1969, Ch. 138.)
  175. 12850.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    The Secretary of the Health and Welfare Agency must review and evaluate the agency’s payment and computation systems for benefits, insurance, and subvention moneys.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12850.7. The Secretary of the Health and Welfare Agency shall review and evaluate the systems within the agency for the payment and computation of benefits, insurance, and subvention moneys. The secretary shall determine the adequacy and effectiveness of the payment systems, whether the payment systems are consistent and compatible, and whether adequate fiscal accountability exists. (Added by Stats. 1978, Ch. 432.)
  176. 12851.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Each secretary must develop and report programs to the Governor, and may use hearings, other agencies, staff, consultants, and committees to do it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12851. Each secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in the matters of public interest related to his agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work. (Amended by Stats. 1969, Ch. 138.)
  177. 12852.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Each agency’s secretary must review the agency’s organization and report needed changes to the Governor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12852. For the purpose of administration, the secretary of each agency shall review the organization of the agency and report to the Governor on such changes as he deems necessary properly to segregate and conduct the work of the agency. (Amended by Stats. 1969, Ch. 138.)
  178. 12853.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    Agency secretaries, and certain employees they designate in writing, may exercise a department head’s powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12853. The secretary of each agency and any other officer or employee within the agency designated in writing by the secretary shall have the power of a head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1. (Amended by Stats. 1983, Ch. 101, Sec. 61.)
  179. 12854.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

    Verify source ↗

    If a secretary of an agency has a power, the secretary may authorize a written-designated officer or employee in the agency to exercise it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12854. Whenever a power is granted to the secretary of an agency, the power may be exercised by such officer or employee within the agency as designated in writing by the secretary. (Amended by Stats. 1969, Ch. 138.)
  180. 12856.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. )

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    The Governor may appoint up to three deputies for the secretary, and the secretary may appoint an assistant who is exempt from civil service laws.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 2. Powers [12850 - 12856] ( Chapter 2 added by Stats. 1961, Ch. 2037. ) ## 12856. (a) The Governor, upon the recommendation of the Secretary of Business, Consumer Services, and Housing, may appoint up to three deputies for the secretary. (b) In addition to any other provision of law, the Secretary of Business, Consumer Services, and Housing may appoint an assistant, who is exempt from the civil service laws. The secretary shall prescribe the duties of the appointed assistant and shall fix the salary of such assistant subject to the approval of the Director of Finance. The appointed assistant shall serve at the pleasure of the secretary. (c) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2026, Ch. 28, Sec. 40. (SB 170) Effective June 29, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
  181. 12890.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. )

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    The Legislature states that state agencies should consider and implement measures to reduce greenhouse gas emissions, and that related reports should be routine, quantified, verified, consistent, public, independently audited, and verified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. ) ## 12890. The Legislature finds and declares all of the following: (a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires all state agencies to consider and implement measures to reduce their greenhouse gas emissions. (b) Executive Order S-3-05 issued by the Governor on June 1, 2005, commits state agencies to climate emission reduction targets as part of overall state emission reduction targets. (c) It is vital that state government lead by example in meeting California’s greenhouse gas emission requirements. (d) The purpose of this chapter is to do all of the following: (1) Ensure that state agencies consider and implement measures and strategies under their authority to reduce their greenhouse gas emissions in furtherance of the targets in the Climate Action Team Report and the California Global Warming Solutions Act of 2006. (2) Establish routine, quantified, verified, consistent, and public reporting of those measures and their effectiveness in reducing greenhouse gas emissions. (3) Ensure that these reports and metrics are independently audited and verified to achieve compliance. (Added by Stats. 2007, Ch. 178, Sec. 5. Effective August 24, 2007.)
  182. 12891.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. )

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    This section defines several terms used in the chapter, including “Agency,” “Climate Action Team Report,” “GHG,” “GHG emission reduction target,” “Secretary,” and “State agency.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. ) ## 12891. For the purposes of this chapter, the following terms have the following meanings: (a) “Agency” means the California Environmental Protection Agency. (b) “Climate Action Team Report” means the report prepared pursuant to Executive Order S-3-05 and submitted to the Governor and the Legislature in March 2006. (c) “GHG” means greenhouse gas as defined in subdivision (g) of Section 38505 of the Health and Safety Code. (d) “GHG emission reduction target” means a target established for a state agency in the Climate Action Team Report, or a requirement made applicable to that state agency by an action taken by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (e) “Secretary” means the Secretary for Environmental Protection. (f) “State agency” means a state agency listed in the Climate Action Team Report, a state office, department, division, bureau, board, or commission whose operations or programs result in greenhouse gas emissions that are subject to Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and any other state agency listed in Section 12800, as determined by the secretary. (Added by Stats. 2007, Ch. 178, Sec. 5. Effective August 24, 2007.)
  183. 12892.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. )

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    Each state agency must submit annual greenhouse-gas reduction information to the secretary and post a standardized report card online.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. ) ## 12892. (a) On or before October 1 of each year, each state agency shall prepare and submit to the secretary in a standardized format as determined by the agency all of the following: (1) A list of those measures that have been adopted and implemented by the state agency to meet GHG emission reduction targets and a status report on actual GHG emissions reduced as a result of these measures. (2) A list and timetable for adoption of any additional measures needed to meet GHG emission reduction targets. (3) An estimate of the department’s own greenhouse gas emissions, as well as an explanation of any increase or decrease compared to the previous year’s emissions. (b) In order to reduce paperwork and workload, information required to be submitted pursuant to this section may be submitted in a standardized electronic format as determined by the agency. (c) On or before January 1 of each year, the agency shall compile and organize the information submitted pursuant to this section into a clear, standardized format, and shall provide that information on the agency’s Internet Web site in the form of a state agency greenhouse gas emission reduction report card. (d) The report card shall compare the actions taken and proposed to be taken by individual state agencies and their projected annual GHG emission reductions against the state agency GHG emission reduction targets and statewide GHG emission reduction limits. (e) Where appropriate, the report card shall include a statement regarding the independent audits required by Section 12893. (f) In conjunction with the Governor’s Budget submitted pursuant to subdivision (a) of Section 12 of Article IV of the California Constitution, on or before January 10 of each year, the agency shall submit to the Legislature a comprehensive budget display that includes both of the following: (1) Funding proposals and base funding in the proposed Governor’s Budget for state agencies implementing climate solutions to meet the greenhouse gas emissions reduction targets as specified in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (2) A five-year work plan summary for each department included in the comprehensive budget display that shows how staff and contracting resources will be allocated to achieve specified climate solution deliverables. (Amended by Stats. 2008, Ch. 760, Sec. 2. Effective September 30, 2008.)
  184. 12893.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. )

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    State agencies reporting under Section 12892 must, at least every three years and if funds are available, conduct an independent audit and verify their actual and proposed greenhouse gas emissions reductions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 4. State Agency Greenhouse Gas Reduction Report Card [12890 - 12893] ( Chapter 4 added by Stats. 2007, Ch. 178, Sec. 5. ) ## 12893. Not less than once every three years, each state agency reporting pursuant to Section 12892 shall, to the extent funds are available, conduct an independent audit in a standardized format determined by the agency and verification of the actual and proposed GHG emissions reductions achieved by that state agency in order to ensure that the state agency is achieving GHG emission reduction targets. (Added by Stats. 2007, Ch. 178, Sec. 5. Effective August 24, 2007.)
  185. 12894.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. )

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    State agencies may not link California’s market-based compliance mechanism with another state, province, or country unless the Governor is notified and makes the required findings. The section also requires notice and periodic reporting to the Joint Legislative Budget Committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. ) ## 12894. (a) (1) The Legislature finds and declares that the establishment of nongovernmental entities, such as the Western Climate Initiative, Incorporated, and linkages with other states and countries by the State Air Resources Board or other state agencies for the purposes of implementing Division 25.5 (commencing with Section 38500) of the Health and Safety Code, should be done transparently and should be independently reviewed by the Attorney General for consistency with all applicable laws. (2) The purpose of this section is to establish new oversight and transparency over any such linkages and related activities undertaken in relation to Division 25.5 (commencing with Section 38500) of the Health and Safety Code by the executive agencies in order to ensure consistency with applicable laws. (b) (1) The California membership of the board of directors of the Western Climate Initiative, Incorporated, shall be modified as follows: (A) One appointee or his or her designee who shall serve as an ex officio nonvoting member shall be appointed by the Senate Committee on Rules. (B) One appointee or his or her designee who shall serve as an ex officio nonvoting member shall be appointed by the Speaker of the Assembly. (C) The Chairperson of the State Air Resources Board or her or his designee. (D) The Secretary for Environmental Protection or his or her designee. (2) Sections 11120 through 11132 do not apply to the Western Climate Initiative, Incorporated, or to appointees specified in subparagraphs (C) and (D) of paragraph (1) when performing their duties under this section. (c) The State Air Resources Board shall provide notice to the Joint Legislative Budget Committee, consistent with that required for Department of Finance augmentation or reduction authorizations pursuant to subdivision (e) of Section 28.00 of the annual Budget Act, of any funds over one hundred fifty thousand dollars ($150,000) provided to the Western Climate Initiative, Incorporated, or its derivatives or subcontractors no later than 30 days prior to transfer or expenditure of these funds. (d) The Chairperson of the State Air Resources Board and the Secretary for Environmental Protection, as the California voting representatives on the Western Climate Initiative, Incorporated, shall report every six months to the Joint Legislative Budget Committee on any actions proposed by the Western Climate Initiative, Incorporated, that affect California state government or entities located within the state. (e) For purposes of this section, “link,” “linkage,” or “linking” means an action taken by the State Air Resources Board or any other state agency that will result in acceptance by the State of California of compliance instruments issued by any other governmental agency, including any state, province, or country, for purposes of demonstrating compliance with the market-based compliance mechanism established pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code and specified in Sections 95801 to 96022, inclusive, of Title 17 of the California Code of Regulations. (f) A state agency, including, but not limited to, the State Air Resources Board, shall not link a market-based compliance mechanism established pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code and specified in Sections 95801 to 96022, inclusive, of Title 17 of the California Code of Regulations with any other state, province, or country unless the state agency notifies the Governor that the agency intends to take such action and the Governor, acting in his or her independent capacity, makes all of the following findings: (1) The jurisdiction with which the state agency proposes to link has adopted program requirements for greenhouse gas reductions, including, but not limited to, requirements for offsets, that are equivalent to or stricter than those required by Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (2) Under the proposed linkage, the State of California is able to enforce Division 25.5 (commencing with Section 38500) of the Health and Safety Code and related statutes, against any entity subject to regulation under those statutes, and against any entity located within the linking jurisdiction to the maximum extent permitted under the United States and California Constitutions. (3) The proposed linkage provides for enforcement of applicable laws by the state agency or by the linking jurisdiction of program requirements that are equivalent to or stricter than those required by Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (4) The proposed linkage and any related participation of the State of California in Western Climate Initiative, Incorporated, shall not impose any significant liability on the state or any state agency for any failure associated with the linkage. (g) The Governor shall issue findings pursuant to subdivision (f) within 45 days of receiving a notice from a state agency, and shall provide those findings to the Legislature. The findings shall consider the advice of the Attorney General. The findings to be submitted to the Legislature shall not be unreasonably withheld. The findings shall not be subject to judicial review. (Amended by Stats. 2012, Ch. 807, Sec. 1. (AB 1532) Effective January 1, 2013.)
  186. 12894.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. )

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    The State Air Resources Board must give advance notice for certain WCI procurement contracts and include WCI spending information in the Governor’s Budget; the WCI board’s California members may stay on only while WCI follows required open-meeting, records, and bylaws limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. ) ## 12894.5. (a) The Legislature finds and declares both of the following: (1) California’s participation in the Western Climate Initiative, Incorporated, requires that its sole purpose be to provide operational and technical support to California in its implementation of Division 25.5 (commencing with Section 38500) of the Health and Safety Code and to provide support to the greenhouse gas emissions reduction programs of other jurisdictions. Given its limited scope of activities, the Western Climate Initiative, Incorporated, does not have the authority to create policy with respect to any existing or future program or regulation undertaken pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (2) The state recognizes the ongoing efforts of the Western Climate Initiative, Incorporated, have resulted in policies that are consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), as well as bylaws that meet the requirements of this section. (b) The California membership of the Board of Directors of the Western Climate Initiative, Incorporated, as established pursuant to Section 12894, shall participate on the board so long as the Western Climate Initiative, Incorporated, maintains policies and bylaws according to all of the following: (1) An open meetings policy that is and remains consistent with the general policies of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1) and affords the public the greatest possible access consistent with the other duties of the Western Climate Initiative, Incorporated. (2) A records availability policy that is and remains consistent with the general policies of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and affords the public access to corporate records consistent with the operating needs and other duties of the Western Climate Initiative, Incorporated, and all applicable legal privileges. (3) Bylaws that limit the activities of the Western Climate Initiative, Incorporated, to the technical and operational support of the greenhouse gas emissions reduction programs of California and other jurisdictions. These bylaws shall not allow the Western Climate Initiative, Incorporated, to have policymaking authority with respect to these programs. (c) The State Air Resources Board shall provide notice to the Joint Legislative Budget Committee for all procurements over one hundred fifty thousand dollars ($150,000) proposed by the Western Climate Initiative, Incorporated, that are expected to result in a contract no later than 30 days prior to the execution of those contracts. (d) Commencing January 1, 2014, the State Air Resources Board shall include information on all proposed expenditures and allocations of moneys to the Western Climate Initiative, Incorporated, in the Governor’s Budget. (Amended by Stats. 2021, Ch. 615, Sec. 177. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  187. 12895.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. )

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    This section creates the Financial Protection Fund, moves certain duties and balances into it, and says several references in law should be treated as references to the new fund or department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. ) ## 12895. (a) There is in the Business and Consumer Services Agency a Department of Financial Protection and Innovation, which has the responsibility for administering various laws. In order to effectively support the Department of Financial Protection and Innovation in the administration of these laws, there is hereby established the Financial Protection Fund, as described further in Section 90007 of the Financial Code. All expenses and salaries of the Department of Financial Protection and Innovation shall be paid out of the Financial Protection Fund, upon appropriation by the Legislature for these purposes. (b) All the duties and responsibilities to be transferred and any remaining balances of the State Corporations Fund and Financial Institutions Fund, upon appropriation by the Legislature, shall be transferred to the Financial Protection Fund, which is hereby created and designated the successor fund. The State Corporations Fund and Financial Institutions Fund are abolished. (c) Funds appropriated from the Financial Protection Fund and made available for expenditure for any law or program of the Department of Financial Protection and Innovation may come from the following: (1) Fees and any other amounts charged and collected pursuant to Section 25608 of the Corporations Code, except for fees and other amounts charged and collected pursuant to subdivisions (o) to (r), inclusive, of Section 25608 of the Corporations Code. (2) Fees collected pursuant to subdivisions (a), (b), (c), and (d) of Section 25608.1 of the Corporations Code. (d) This section shall not apply to moneys collected or received by the commissioner under Division 5 (commencing with Section 14000) of the Financial Code. (e) On and after the operative date of this subdivision, any reference in any law to the Financial Institutions Fund shall be deemed a reference to the Financial Protection Fund, and any reference in any law to the State Corporations Fund shall be deemed a reference to the Financial Protection Fund. (f) On and after the operative date of this subdivision, any reference in any law to the Department of Business Oversight shall be deemed a reference to the Department of Financial Protection and Innovation. (g) This subdivision shall become operative on the date that an act adding Division 25 (commencing with Section 100000) to the Financial Code takes effect. (1) On and after the operative date of this subdivision, all the duties, responsibilities and remaining balances of the Debt Collection Licensing Fund shall be transferred to the Financial Protection Fund. (2) On or after the operative date of this subdivision, fines and penalties collected pursuant to Division 25 (commencing with Section 100000) of the Financial Code shall be made available for expenditure for any law or program of the Department of Financial Protection and Innovation. (3) On and after the operative date of this subdivision, the Debt Collection Licensing Fund is abolished. (4) On and after the operative date of this subdivision, any reference to the Debt Collection Licensing Fund shall be deemed a reference to the Financial Protection Fund. (5) If an act adding Division 25 to the Financial Code does not take effect, this subdivision shall become inoperative and is effectively repealed beginning January 1, 2021. (h) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 41. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions. [Note: Subd. (g) purports to conditionally repeal itself on Jan. 1, 2021, but it would only become inoperative on that date.])
  188. 12896.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. )

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    This section gives a court-based receiver broad powers to recover and manage unlawfully obtained property, and bars people from interfering with the receivership or taking legal action against receivership property without prior court approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.5. AGENCIES [12800 - 12896] ( Part 2.5 added by Stats. 1961, Ch. 2037. ) ## CHAPTER 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State [12894 - 12896] ( Chapter 5 added by Stats. 2012, Ch. 39, Sec. 22. ) ## 12896. (a) This section applies to every action brought in the name of the people of the State of California by the Commissioner of Financial Protection and Innovation before, on, or after the effective date of this section, when enforcing provisions of those laws administered by the Commissioner of Financial Protection and Innovation which authorize the Commissioner of Financial Protection and Innovation to seek a permanent or preliminary injunction, restraining order, or writ of mandate, or the appointment of a receiver, monitor, conservator, or other designated fiduciary or officer of the court, except actions brought against any of the licensees specified in paragraphs (1) through (8), inclusive, of subdivision (b) of Section 300 of the Financial Code that are governed by other law. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and a receiver, monitor, conservator, or other designated fiduciary or officer of the court may be appointed for the defendant or the defendant’s assets, or any other ancillary relief may be granted as appropriate. The court may order that the expenses and fees of the receiver, monitor, conservator, or other designated fiduciary or officer of the court, be paid from the property held by the receiver, monitor, conservator, or other court-designated fiduciary or officer, but neither the state, the Business and Consumer Services Agency, nor the Department of Financial Protection and Innovation shall be liable for any of those expenses and fees, unless expressly provided for by written contract. (b) The receiver, monitor, conservator, or other designated fiduciary or officer of the court may do any of the following subject to the direction of the court: (1) Sue for, collect, receive, and take into possession all the real and personal property derived by any unlawful means, including property with which that property or the proceeds thereof has been commingled if that property or the proceeds thereof cannot be identified in kind because of the commingling. (2) Take possession of all books, records, and documents relating to any unlawfully obtained property and the proceeds thereof. In addition, they shall have the same right as a defendant to request, obtain, inspect, copy, and obtain copies of books, records, and documents maintained by third parties that relate to unlawfully obtained property and the proceeds thereof. (3) Transfer, encumber, manage, control, and hold all property subject to the receivership, including the proceeds thereof, in the manner directed or ratified by the court. (4) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof to any person who committed, aided or abetted, or participated in the commission of unlawful acts or who had knowledge that the property had been unlawfully obtained. (5) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof made with the intent to hinder or delay the recovery of that property or any interest in it by the receiver or any person from whom the property was unlawfully obtained. (6) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof that was made within one year before the date of the entry of the receivership order if less than a reasonably equivalent value was given in exchange for the transfer, except that a bona fide transferee for value and without notice that the property had been unlawfully obtained may retain the interest transferred until the value given in exchange for the transfer is returned to the transferee. (7) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof made within 90 days before the date of the entry of the receivership order to a transferee from whom the defendant unlawfully obtained some property if (A) the receiver establishes that the avoidance of the transfer will promote a fair pro rata distribution of restitution among all people from whom defendants unlawfully obtained property and (B) the transferee cannot establish that the specific property transferred was the same property which had been unlawfully obtained from the transferee. (8) Exercise any power authorized by statute or ordered by the court. (c) No person with actual or constructive notice of the receivership shall interfere with the discharge of the receiver’s duties. (d) No person may file any action or enforce or create any lien, or cause to be issued, served, or levied any summons, subpoena, attachment, or writ of execution against the receiver or any property subject to the receivership without first obtaining prior court approval upon motion with notice to the receiver and the Commissioner of Financial Protection and Innovation. Any legal procedure described in this subdivision commenced without prior court approval is void except as to a bona fide purchaser or encumbrancer for value and without notice of the receivership. No person without notice of the receivership shall incur any liability for commencing or maintaining any legal procedure described by this subdivision. (e) The court has jurisdiction of all questions arising in the receivership proceedings and may make any orders and judgments as may be required, including orders after noticed motion by the receiver to avoid transfers as provided in paragraphs (4), (5), (6), and (7) of subdivision (b). (f) This section is cumulative to all other provisions of law. (g) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (h) The recordation of a copy of the receivership order imparts constructive notice of the receivership in connection with any matter involving real property located in the county in which the receivership order is recorded. (i) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 42. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  189. 12900.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    This section says the part may be called the “California Fair Employment and Housing Act.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12900. This part may be known and referred to as the “California Fair Employment and Housing Act.” (Added by Stats. 1980, Ch. 992.)
  190. 12902.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    Chapter 2’s provisions apply to the director, and the director is treated as the head of a department for that chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12902. The provisions of Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 apply to the director and the director is the head of a department within the meaning of such chapter. (Added by Stats. 1980, Ch. 992.)
  191. 12903.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    This section creates the Civil Rights Council, sets how its members are appointed, and sets member term lengths and vacancy-filling rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12903. There is in the Civil Rights Department the Civil Rights Council. The council shall consist of seven members, to be known as council members, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and one of whom shall be designated as chairperson by the Governor. The Director of the Civil Rights Department shall serve as a nonvoting ex-officio member of the council. (a) Appointments made to the council on and after January 1, 2017, shall be for the following terms: (1) Four of the members appointed shall serve terms of four years. (2) Three of the members appointed shall serve terms of two years. (b) Each member appointed after the expiration of the initial terms set forth in paragraphs (1) and (2) of subdivision (a) shall serve a term of four years. (c) Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. (Amended by Stats. 2022, Ch. 48, Sec. 31. (SB 189) Effective June 30, 2022.)
  192. 12904.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    A person appointed to fill a council vacancy other than one caused by term expiration must serve the remainder of the term. Four council members make a quorum for conducting business.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12904. Any member chosen to fill a vacancy on the council occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member whose vacancy is being filled. Four members of the council shall constitute a quorum for the purpose of conducting the business thereof. (Amended by Stats. 2017, Ch. 799, Sec. 1. (AB 1556) Effective January 1, 2018.)
  193. 12905.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    Council members serve without compensation, but they receive $100 for each day worked and may be reimbursed for necessary expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12905. Each member of the council shall serve without compensation but shall receive one hundred dollars ($100) for each day actually spent in the performance of duties under this part and shall also be entitled to expenses actually and necessarily incurred in the performance of those duties. (Amended by Stats. 2017, Ch. 799, Sec. 2. (AB 1556) Effective January 1, 2018.)
  194. 12906.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    The Governor may remove a council member for specified misconduct or poor performance, but only after giving written charges and an opportunity to be heard.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12906. Any member of the council may be removed by the Governor for inefficiency, for neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon. (Amended by Stats. 2012, Ch. 46, Sec. 32. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  195. 12907.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. )

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    This section creates the Civil Rights Enforcement and Litigation Fund in the State Treasury and says the Civil Rights Department administers it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 1. General Provisions [12900 - 12907] ( Chapter 1 added by Stats. 1980, Ch. 992. ) ## 12907. (a) The Civil Rights Enforcement and Litigation Fund is hereby established in the State Treasury, to be administered by the Civil Rights Department. (b) The fund shall consist of any attorney’s fees and costs awarded by a court to the Civil Rights Department when the department is the prevailing party in a civil action brought under the California Fair Employment and Housing Act. (c) Upon appropriation by the Legislature in the annual Budget Act, moneys in the fund may be used to offset the costs of the department. (Amended by Stats. 2024, Ch. 41, Sec. 38. (SB 164) Effective June 29, 2024.)
  196. 12910.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. )

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    The Legislature states its intent for the bureau to start with an initial framework, expand as needed, and address harms and reparative remedies. Implementation of the chapter depends on sufficient funding being appropriated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. ) ## 12910. (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified. (b) It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall do both of the following: (1) Address the lasting harms of disenfranchisement, segregation, discrimination, exclusion neglect, and violence impacting both descendants and communities harmed as described in Chapters 1 to 13, inclusive, of the California Reparations Report. (2) Advise on reparative remedies to target the persistent consequences of this legacy, guided by Chapters 14 to 33, inclusive, of the California Reparations Report. (c) Implementation of this chapter shall be contingent upon appropriation of sufficient funding by the Legislature in the annual Budget Act or other statute for that purpose. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  197. 12911.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. )

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    This section defines “Bureau,” “Deputy director,” and “Descendants” for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. ) ## 12911. For purposes of this chapter: (a) “Bureau” means the Bureau for Descendants of American Slavery. (b) “Deputy director” means the Deputy Director of the Bureau for Descendants of American Slavery. (c) “Descendants” means individuals who can establish direct lineage to a person who, prior to 1900, was subjected to American chattel slavery and meets at least one of the following criteria: (1) Was emancipated through legal or extralegal means, including self-purchase, manumission, executive or legislative action, military service, or judicial ruling. (2) Obtained freedom through gradual abolition statutes or constitutional amendments. (3) Was classified as a fugitive from bondage under federal or state law. (4) Was deemed contraband by military authorities. (5) Rendered military or civic service while subject to legal restrictions based on ancestry historically associated with slavery. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  198. 12912.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. )

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    This section creates the Bureau for Descendants of American Slavery in the department and requires it to adopt a mission statement tied to prior reparations task force recommendations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. ) ## 12912. (a) The Bureau for Descendants of American Slavery is hereby established within the department. The bureau shall be under the direct control of a deputy director who shall be responsible to the Director of Civil Rights. (b) The deputy director shall be appointed by the Governor and confirmed by the Senate, and shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the bureau. (c) The bureau shall establish a mission statement consistent with the recommendations from the former reparations task force established pursuant to Chapter 319 of the Statutes of 2020. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  199. 12913.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. )

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    The bureau must verify descendant status and create a Genealogy Division; that division must set up certification and appeal processes and decide certification requests once subdivision (b) becomes operative.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. ) ## 12913. (a) As part of its duties, the bureau shall verify an individual’s status as a descendant. Proof of an individual’s descendant status shall be a qualifying criterion for benefits authorized by the state for descendants. The bureau shall create a Genealogy Division. (b) Following the establishment of a process for conducting or verifying genealogical research for the purpose of confirming an individual’s status as a descendant of an enslaved person as provided by Chapter 4.8 (commencing with Section 8308) of Division 1, as added by Senate Bill 437 of the 2025–26 Regular Session, the Genealogy Division shall do all of the following: (1) Establish a process for individuals to request certification as a descendant of American slaves informed by the process created pursuant to Chapter 4.8 (commencing with Section 8308) of Division 1, as added by Senate Bill 437 of the 2025–26 Regular Session. (2) Review and determine requests for certification as a descendant. (3) Establish a process for individuals to appeal a determination made pursuant to paragraph (2). (c) Subdivision (b) shall become operative only if Senate Bill 437 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2026. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  200. 12914.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. )

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    The bureau must create an Education and Outreach Division, and that division may work with outside groups. Funded entities must coordinate outreach with the division and, if the bureau asks, report regularly and provide guidance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 2. Bureau for Descendants of American Slavery [12910 - 12919] ( Chapter 2 added by Stats. 2025, Ch. 586, Sec. 1. ) ## ARTICLE 1. General [12910 - 12919] ( Article 1 added by Stats. 2025, Ch. 586, Sec. 1. ) ## 12914. (a) The bureau shall create an Education and Outreach Division to develop and implement a public education campaign regarding all of the following: (1) The cycle of gentrification, displacement, and exclusion. (2) The connection between redlining and gentrification. (3) The history of discriminatory urban planning in California. (4) Other findings presented in the California Reparations Report. (b) To accomplish the goals of this section, the division may collaborate with colleges and universities, community organizations, and individuals, including, but not limited to, the entities included in Item 6610-001-0001 of the Budget Act of 2025. (c) The entities supported with funds provided for the purpose of education and outreach in Item 6610-001-0001 of the Budget Act of 2025 shall coordinate and implement education and outreach activities in consultation with the division. Upon the bureau’s request, the entities shall regularly report to the division on these activities and provide guidance to ensure alignment with the bureau’s objectives. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)

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