Government Code — Part 9 | GOV — United States — California law | Esheria

Government Code

Part 9 of 107 · provisions 1,601–1,800

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. 12915.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 a Legal Affairs Division.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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. ) ## 12915. The bureau shall create a Legal Affairs Division to do all of the following: (a) Provide legal advice, counsel, and services to the bureau and its officials. (b) Ensure that the bureau’s programs are administered in accordance with applicable legislative authority. (c) Advise the head of the bureau on legislative, legal, and regulatory initiatives. (d) Serve as an external liaison on legal matters with other state agencies and other entities. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  2. 12916.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 handle covered personal and genetic information only as needed for the chapter’s purposes, tell individuals key disclosure details before requesting information, and not disclose system-of-records data except with written request or written consent and only when necessary 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 2.8. 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. ) ## 12916. (a) Nonpublic personal and genetic information held under the bureau’s authority shall be collected, held, and disclosed only as relevant and necessary to accomplish the purposes set forth in this chapter and in a manner permitted by and consistent with federal and California data privacy laws. (b) Before asking individuals to supply information for its system of records, the bureau shall inform each individual of all of the following: (1) The authority that authorizes the solicitation of the information and whether disclosure of that information is mandatory or voluntary. (2) The principal purpose or purposes for which the information is intended to be used. (3) The routine uses that may be made of the information. (4) The effects on the individual, if any, of not providing all or any part of the requested information. (c) The bureau shall not disclose any data contained in its system of records by any means of communication to any person except as necessary to fulfill the purposes of this chapter and pursuant to either a written request by, or the written consent of, the individual to whom the record pertains. Intra-agency, interagency, or public disclosure shall not be permitted without that written authorization. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  3. 12917.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 Civil Rights Department may make, change, and cancel rules and regulations to carry out 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. ) ## 12917. The Civil Rights Department may adopt, promulgate, amend, and rescind suitable rules and regulations to implement this chapter. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  4. 12918.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 may accept funds from government and non-government sources for this chapter, but donors or grantors do not get any right to control the division’s programs, operations, or policy decisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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. ) ## 12918. (a) Notwithstanding any other law, the bureau may receive moneys from any federal, state, or local grant and from any nongovernmental entity, including from any private donation or grant, for the purposes of this chapter. (b) Receipt of funds pursuant to this section shall not confer any right or authority on a donor or grantor to direct, control, or influence the division’s programs, operations, or policy decisions. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  5. 12919.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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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    If part of this chapter is invalid, 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 2.8. 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. ) ## 12919. If any clause, sentence, paragraph, provision, part, or section of this chapter, or the application thereof, for any reason, is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter and the application thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment shall have been rendered and to the circumstances involved. (Added by Stats. 2025, Ch. 586, Sec. 1. (SB 518) Effective January 1, 2026.)
  6. 12920.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. )

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    This section states California public policy against discrimination in employment and housing and says all persons have the right to seek, obtain, and hold employment without discrimination based on listed traits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. ) ## 12920. It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general. Further, the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy. It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices, including discrimination not just because of one protected trait, but also because of the combination of two or more protected bases. This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state. (Amended by Stats. 2024, Ch. 779, Sec. 5. (SB 1137) Effective January 1, 2025.)
  7. 12920.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. )

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    The provision says effective remedies are needed to prevent and deter unlawful employment practices and to address their adverse effects on aggrieved persons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. ) ## 12920.5. In order to eliminate discrimination, it is necessary to provide effective remedies that will both prevent and deter unlawful employment practices and redress the adverse effects of those practices on aggrieved persons. To that end, this part shall be deemed an exercise of the Legislature’s authority pursuant to Section 1 of Article XIV of the California Constitution. (Added by Stats. 1992, Ch. 911, Sec. 2. Effective January 1, 1993.)
  8. 12921.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. )

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    The section recognizes a civil right to seek, obtain, and hold employment and housing without discrimination on specified grounds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. ) ## 12921. (a) The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status is hereby recognized as and declared to be a civil right. (b) The opportunity to seek, obtain, and hold housing without discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right. (Amended by Stats. 2022, Ch. 630, Sec. 4. (SB 523) Effective January 1, 2023.)
  9. 12922.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. )

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    A religious corporation employer may limit jobs involving religious duties to people who adhere to the religion the corporation was organized to 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. ) ## 12922. Notwithstanding any other provision of this part, an employer that is a religious corporation may restrict eligibility for employment in any position involving the performance of religious duties to adherents of the religion for which the corporation is organized. (Added by Stats. 1999, Ch. 913, Sec. 1. Effective January 1, 2000.)
  10. 12923.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. )

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    This section explains how California harassment laws should be understood and applied in workplace cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 3. Findings and Declarations of Policy [12920 - 12923] ( Chapter 3 added by Stats. 1980, Ch. 992. ) ## 12923. The Legislature hereby declares its intent with regard to application of the laws about harassment contained in this part. (a) The purpose of these laws is to provide all Californians with an equal opportunity to succeed in the workplace and should be applied accordingly by the courts. The Legislature hereby declares that harassment creates a hostile, offensive, oppressive, or intimidating work environment and deprives victims of their statutory right to work in a place free of discrimination when the harassing conduct sufficiently offends, humiliates, distresses, or intrudes upon its victim, so as to disrupt the victim’s emotional tranquility in the workplace, affect the victim’s ability to perform the job as usual, or otherwise interfere with and undermine the victim’s personal sense of well-being. In this regard, the Legislature affirms its approval of the standard set forth by Justice Ruth Bader Ginsburg in her concurrence in Harris v. Forklift Systems (1993) 510 U.S. 17 that in a workplace harassment suit “the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to make it more difficult to do the job.” (Id. at 26). (b) A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive working environment. In that regard, the Legislature hereby declares its rejection of the United States Court of Appeals for the 9th Circuit’s opinion in Brooks v. City of San Mateo (2000) 229 F.3d 917 and states that the opinion shall not be used in determining what kind of conduct is sufficiently severe or pervasive to constitute a violation of the California Fair Employment and Housing Act. (c) The existence of a hostile work environment depends upon the totality of the circumstances and a discriminatory remark, even if not made directly in the context of an employment decision or uttered by a nondecisionmaker, may be relevant, circumstantial evidence of discrimination. In that regard, the Legislature affirms the decision in Reid v. Google, Inc. (2010) 50 Cal.4th 512 in its rejection of the “stray remarks doctrine.” (d) The legal standard for sexual harassment should not vary by type of workplace. It is irrelevant that a particular occupation may have been characterized by a greater frequency of sexually related commentary or conduct in the past. In determining whether or not a hostile environment existed, courts should only consider the nature of the workplace when engaging in or witnessing prurient conduct and commentary is integral to the performance of the job duties. The Legislature hereby declares its disapproval of any language, reasoning, or holding to the contrary in the decision Kelley v. Conco Companies (2011) 196 Cal.App.4th 191. (e) Harassment cases are rarely appropriate for disposition on summary judgment. In that regard, the Legislature affirms the decision in Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243 and its observation that hostile working environment cases involve issues “not determinable on paper.” (Added by Stats. 2018, Ch. 955, Sec. 1. (SB 1300) Effective January 1, 2019.)
  11. 12925.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    This section defines key terms used in this part of the Government Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12925. As used in this part, unless a different meaning clearly appears from the context: (a) “Council” means the Civil Rights Council and “council member” means a member of the council. (b) “Department” means the Civil Rights Department. (c) “Director” means the Director of Civil Rights. (d) “Person” includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. (Amended by Stats. 2022, Ch. 48, Sec. 33. (SB 189) Effective June 30, 2022.)
  12. 12926.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    This section defines several terms used in the part, including employer, employee, reasonable accommodation, undue hardship, and supervisor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. (b) “Age” refers to the chronological age of any individual who has reached a 40th birthday. (c) Except as provided by Section 12926.05, “employee” does not include any individual employed by that person’s parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. (d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: “Employer” does not include a religious association or corporation not organized for private profit. (e) “Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work. (f) “Essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position. (1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: (A) The function may be essential because the reason the position exists is to perform that function. (B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. (C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function. (2) Evidence of whether a particular function is essential includes, but is not limited to, the following: (A) The employer’s judgment as to which functions are essential. (B) Written job descriptions prepared before advertising or interviewing applicants for the job. (C) The amount of time spent on the job performing the function. (D) The consequences of not requiring the incumbent to perform the function. (E) The terms of a collective bargaining agreement. (F) The work experiences of past incumbents in the job. (G) The current work experience of incumbents in similar jobs. (g) (1) “Genetic information” means, with respect to any individual, information about any of the following: (A) The individual’s genetic tests. (B) The genetic tests of family members of the individual. (C) The manifestation of a disease or disorder in family members of the individual. (2) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (3) “Genetic information” does not include information about the sex or age of any individual. (h) “Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. (i) “Medical condition” means either of the following: (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. (2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following: (A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that person’s offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. (B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that person’s offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. (j) “Mental disability” includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: (A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (k) “Veteran or military status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. (l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status. (m) “Physical disability” includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: (i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m). (o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status” includes any of the following: (1) Any combination of those characteristics. (2) A perception that the person has any of those characteristics or any combination of those characteristics. (3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics. (p) “Reasonable accommodation” may include either of the following: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (q) “Religious creed,” “religion,” “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed. (r) (1) “Sex” includes, but is not limited to, the following: (A) Pregnancy or medical conditions related to pregnancy. (B) Childbirth or medical conditions related to childbirth. (C) Breastfeeding or medical conditions related to breastfeeding. (2) “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (s) “Sexual orientation” means heterosexuality, homosexuality, and bisexuality. (t) “Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (u) “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: (1) The nature and cost of the accommodation needed. (2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. (3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. (4) The type of operations, including the composition, structure, and functions of the workforce of the entity. (5) The geographic separateness or administrative or fiscal relationship of the facility or facilities. (v) “National origin” discrimination includes, but is not limited to, discrimination on the basis of possessing a driver’s license or identification card granted under Section 12801.9 of the Vehicle Code. (w) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. (x) “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (y) “Reproductive health decisionmaking” includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to “reproductive health decisionmaking” shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to “sex” do not include reproductive health decisionmaking. (z) “Group or class complaint” includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law. (Amended by Stats. 2025, Ch. 321, Sec. 1. (SB 477) Effective January 1, 2026.)
  13. 12926.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    Certain workers with a special license may sue for harassment or discrimination; employers may raise an affirmative defense if they prove the challenged activity was lawful and necessary, and they are not made liable here for obtaining the license or paying below minimum wage in the stated circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12926.05. (a) An individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility may bring an action under this part for any form of harassment or discrimination prohibited by this part. (b) If an individual specified in subdivision (a) brings an action against an employer for any form of harassment or discrimination prohibited by this part, the employer has an affirmative defense to the action by proving, by a preponderance of evidence, both of the following: (1) The challenged activity was permitted by statute or regulation. (2) The challenged activity was necessary to serve employees with disabilities under a special license pursuant to Section 1191 or 1191.5 of the Labor Code. (c) Nothing in this part relating to discrimination on account of disability shall subject an employer to legal liability for obtaining a license pursuant to Section 1191.5 of the Labor Code or paying an individual with a physical or mental disability less than minimum wage pursuant to either Section 1191 or Section 1191.5 of the Labor Code. (d) The Legislature finds and declares that the definition of employee in subdivision (c) of Section 12926 was not intended to permit the harassment of, or discrimination against, an individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility. (Added by Stats. 2016, Ch. 683, Sec. 2. (AB 488) Effective January 1, 2017.)
  14. 12926.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    The Legislature states that California disability law is intended to provide broader protections than federal law and to protect applicants and employees from discrimination based on actual or perceived disabling impairments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12926.1. The Legislature finds and declares as follows: (a) The law of this state in the area of disabilities provides protections independent from those in the federal Americans with Disabilities Act of 1990 (Public Law 101-336). Although the federal act provides a floor of protection, this state’s law has always, even prior to passage of the federal act, afforded additional protections. (b) The law of this state contains broad definitions of physical disability, mental disability, and medical condition. It is the intent of the Legislature that the definitions of physical disability and mental disability be construed so that applicants and employees are protected from discrimination due to an actual or perceived physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. (c) Physical and mental disabilities include, but are not limited to, chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease. In addition, the Legislature has determined that the definitions of “physical disability” and “mental disability” under the law of this state require a “limitation” upon a major life activity, but do not require, as does the federal Americans with Disabilities Act of 1990, a “substantial limitation.” This distinction is intended to result in broader coverage under the law of this state than under that federal act. Under the law of this state, whether a condition limits a major life activity shall be determined without respect to any mitigating measures, unless the mitigating measure itself limits a major life activity, regardless of federal law under the Americans with Disabilities Act of 1990. Further, under the law of this state, “working” is a major life activity, regardless of whether the actual or perceived working limitation implicates a particular employment or a class or broad range of employments. (d) Notwithstanding any interpretation of law in Cassista v. Community Foods (1993) 5 Cal.4th 1050, the Legislature intends (1) for state law to be independent of the federal Americans with Disabilities Act of 1990, (2) to require a “limitation” rather than a “substantial limitation” of a major life activity, and (3) by enacting paragraph (4) of subdivision (j) and paragraph (4) of subdivision (m) of Section 12926, to provide protection when an individual is erroneously or mistakenly believed to have any physical or mental condition that limits a major life activity. (e) The Legislature affirms the importance of the interactive process between the applicant or employee and the employer in determining a reasonable accommodation, as this requirement has been articulated by the Equal Employment Opportunity Commission in its interpretive guidance of the federal Americans with Disabilities Act of 1990. (Amended by Stats. 2022, Ch. 28, Sec. 67. (SB 1380) Effective January 1, 2023.)
  15. 12926.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    This section defines “religious corporation,” “religious duties,” and when “employer” does or does not include certain religious or faith-affiliated health care and education 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12926.2. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Religious corporation” means any corporation formed under, or otherwise subject to, Part 4 (commencing with Section 9110) or Part 6 (commencing with Section 10000) of Division 2 of Title 1 of the Corporations Code, and also includes a corporation that is formed primarily or exclusively for religious purposes under the laws of any other state to administer the affairs of an organized religious group and that is not organized for private profit. (b) “Religious duties” means duties of employment connected with carrying on the religious activities of a religious corporation or association. (c) Notwithstanding subdivision (d) of Section 12926 and except as otherwise provided in subdivision (d) of this section, “employer” includes a religious corporation or association with respect to persons employed by the religious association or corporation to perform duties, other than religious duties, at a health care facility operated by the religious association or corporation for the provision of health care that is not restricted to adherents of the religion that established the association or corporation. (d) “Employer” does not include a religious corporation with respect to either the employment, including promotion, of an individual of a particular religion, or the application of the employer’s religious doctrines, tenets, or teachings, in any work connected with the provision of health care. (e) Notwithstanding subdivision (d) of Section 12926, “employer” does not include a nonprofit public benefit corporation incorporated to provide health care on behalf of a religious organization under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, with respect to employment, including promotion, of an individual of a particular religion in an executive or pastoral-care position connected with the provision of health care. (f) (1) Notwithstanding any other provision of law, a nonprofit public benefit corporation formed by, or affiliated with, a particular religion and that operates an educational institution as its sole or primary activity, may restrict employment, including promotion, in any or all employment categories to individuals of a particular religion. (2) Notwithstanding paragraph (1) or any other provision of law, employers that are nonprofit public benefit corporations specified in paragraph (1) shall be subject to the provisions of this part in all other respects, including, but not limited to, the prohibitions against discrimination made unlawful employment practices by this part. (Amended by Stats. 2001, Ch. 910, Sec. 1. Effective January 1, 2002.)
  16. 12927.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    This section defines terms used in housing-accommodation discrimination 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12927. As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: (a) “Affirmative actions” means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. (b) “Conciliation council” means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination. (c) (1) “Discrimination” includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renter’s agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. (2) “Discrimination” does not include either of the following: (A) Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements. (B) Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex. (d) “Housing accommodation” means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. “Housing accommodation” includes a building, structure, or portion thereof that is occupied, or intended to be occupied, pursuant to a transaction facilitated by a hosting platform, as defined in Section 22590 of the Business and Professions Code. (e) “Owner” includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. (f) “Person” includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of “owner” in subdivision (e), and all institutional third parties, including the Federal Home Loan Mortgage Corporation. (g) “Aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. (h) “Real estate-related transactions” include any of the following: (1) The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. (3) The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property. (i) “Source of income” means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). “Source of income” includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this definition, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. (Amended by Stats. 2019, Ch. 601, Sec. 4.3. (SB 222) Effective January 1, 2020.)
  17. 12928.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. )

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    This section creates a rebuttable presumption that “employer” includes any person or entity listed as the employer on the employee’s federal Form W-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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 4. Definitions [12925 - 12928] ( Chapter 4 added by Stats. 1980, Ch. 992. ) ## 12928. Notwithstanding any other provision of this part, there is a rebuttable presumption that “employer,” as defined by subdivision (d) of Section 12926, includes any person or entity identified as the employer on the employee’s Federal Form W-2 (Wage and Tax Statement). (Amended by Stats. 2004, Ch. 647, Sec. 2. Effective January 1, 2005.)
  18. 12935.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 5. Powers and Duties [12930 - 12935] ( Chapter 5 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. The Council [12935- 12935.] ( Heading of Article 2 amended by Stats. 2022, Ch. 48, Sec. 34. )

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    The council has power to make and change rules, regulations, and standards, and to carry out several related functions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 5. Powers and Duties [12930 - 12935] ( Chapter 5 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. The Council [12935- 12935.] ( Heading of Article 2 amended by Stats. 2022, Ch. 48, Sec. 34. ) ## 12935. The council shall have the following functions, powers, and duties: (a) To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following: (1) Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code. (A) As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3 (commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council. (B) The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1. (2) Carry out all other functions and duties of the council pursuant to this part. (b) To meet at any place within the state and function in any office of the department. (c) To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the Civil Rights Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These advisory agencies and conciliation councils shall be composed of representative persons, serving without pay. (d) To hold hearings and issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California. (Amended by Stats. 2022, Ch. 420, Sec. 23. (AB 2960) Effective January 1, 2023.)
  19. 12940.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    This section generally forbids employment discrimination and harassment by employers, labor organizations, employment agencies, and related covered entities, with specific exceptions and accommodation 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12940. It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. (1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, if the employee, because of a physical or mental disability, is unable to perform the employee’s essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. (2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform the employee’s essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform the employee’s essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. (3) Nothing in this part relating to discrimination on account of marital status shall do either of the following: (A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the council. (B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. (4) Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. (5) (A) This part does not prohibit an employer from refusing to employ an individual because of the individual’s age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices. (B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011. (b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status of the person in the election of officers of the labor organization or in the selection of the labor organization’s staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer. (c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status of the person discriminated against. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, if the law compels or provides for that action. (e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. (2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation. (3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry. (f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. (2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite. (g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities. (h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part. (i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so. (j) (1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment. (2) The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment. (3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action. (4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision. (B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2. (C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire. (5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria: (A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance. (B) The person is customarily engaged in an independently established business. (C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work. (k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. (l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person’s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with the person’s religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry. (2) An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public. (3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code. (4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. (m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation. (2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. (n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. (o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic. (p) For an employer to require, as a condition of employment, continued employment, or a benefit of employment, the disclosure of information relating to an applicant’s or employee’s reproductive health decisionmaking. (q) (1) For an employer to include a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless both of the following conditions are satisfied: (A) The employer reasonably expects driving to be one of the job functions for the position. (B) The employer reasonably believes that satisfying the job function described in paragraph (1) using an alternative form of transportation would not be comparable in travel time or cost to the employer. (2) For purposes of this subdivision, “alternative form of transportation” includes, but is not limited to, all of the following: (A) Using a ride hailing service. (B) Using a taxi. (C) Carpooling. (D) Bicycling. (E) Walking. (r) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran’s preference as permitted by law. (Amended by Stats. 2024, Ch. 877, Sec. 1. (SB 1100) Effective January 1, 2025.)
  20. 12940.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    For certain firefighter, apprenticeship, and law enforcement jobs, an applicant with heart trouble is presumed unable to perform the duties safely.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12940.1. For the purposes of paragraph (1) of subdivision (a) of Section 12940, it shall be presumed that an individual with heart trouble, as referred to in Section 3212 of the Labor Code, applying for either a firefighter position or participation in an apprenticeship training program leading to employment in that position, if the actual duties require physical, active fire suppression, or a law enforcement position, the principal duties of which clearly consist of active law enforcement, could not perform those duties in a manner that would not endanger the individual’s health or safety or the health or safety of others. This presumption may be overcome by the applicant or the department proving, by a preponderance of the evidence, that the applicant would be able to safely perform the job. Law enforcement, for the purposes of this section, means police officer, deputy sheriff, or sheriff whose principal duties consist of active law enforcement service. (Amended by Stats. 2017, Ch. 799, Sec. 7. (AB 1556) Effective January 1, 2018.)
  21. 12940.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Good-faith employee self-assessments or acknowledgments of personal bias, when solicited or required as part of bias mitigation training, do not by themselves count as unlawful discrimination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12940.2. (a) Notwithstanding any other law, an employee’s assessment, testing, admission, or acknowledgment of their own personal bias that was made in good faith and solicited or required as part of a bias mitigation training does not, by itself, constitute unlawful discrimination. (b) It is the intent of the Legislature to do both of the following: (1) Encourage employers to conduct bias mitigation trainings. (2) Affirm that conducting a bias mitigation training does not, by itself, constitute unlawful discrimination. (c) (1) For purposes of this section, “bias mitigation training” means bias mitigation or bias elimination training, education, and activities provided by an employer for the purpose of educating employees on understanding, recognizing, or acknowledging the influence of conscious and unconscious thought processes and their associated impacts. Bias mitigation training shall include implementing specific strategies to mitigate the impact of employees’ personal biases. (2) For purposes of paragraph (1), “specific strategies” includes, but is not limited to, assessing or testing for personal bias, analyzing bias assessments or tests, conducting bias training, conducting workshops, using toolkits, and tracking bias mitigation and elimination. (Added by Stats. 2025, Ch. 216, Sec. 1. (SB 303) Effective January 1, 2026.)
  22. 12940.3.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Certain California entities must jointly study ADA Title I compliance costs and benefits for employers, then submit the results for review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12940.3. Prior to January 1, 1996, a study or survey of the costs, including litigation and reasonable accommodation expenses and other impacts on California employers of 15 or more employees, resulting from compliance with Title I of the Americans with Disabilities Act of 1990 (Public Law 101-336), shall be undertaken jointly by the California Chamber of Commerce, the Civil Rights Department, Protection and Advocacy, Inc., and the State Department of Rehabilitation. The study shall also include an analysis of the benefits of the requirements of Title I of the Americans with Disabilities Act of 1990 (Public Law 101-336) to persons with disabilities. The results of the study shall be submitted to the Commission on Special Education for their review and recommendations. The study shall provide a basis for a recommendation to the Legislature and the Governor concerning whether the hardships imposed upon businesses outweigh the benefits to persons with disabilities when the requirements of Title I of the Americans with Disabilities Act of 1990 (Public Law 101-336) are extended to California employers of 5 to 14, inclusive, employees by amending the California Fair Employment and Housing Act to include people with mental disabilities as a protected class. In conducting the study and making a recommendation, the parties shall consider whether the additional requirements or consequences of being subject to the additional requirements will impose a significant hardship on employers of 5 to 14, inclusive, employees. It is the intent to the Legislature that if, at the conclusion of the study and report to the Legislature, it is determined that employers of between 5 and 14 employees would not have a significant hardship in implementing the requirements of Title I of the Americans with Disabilities Act of 1990 (Public Law 101-336), legislation should be introduced to require that employers with between 5 and 14 employees are covered by the requirements of Title I of the Americans with Disabilities Act of 1990 (Public Law 101-336). The Legislature intends that all employers, including employers of 5 to 14, inclusive, employees, voluntarily comply with the requirements of Title I of the Americans with Disabilities Act of 1990 (Public Law 101-336) so that persons with mental disabilities can participate fully in the employment opportunities provided to all Californians. However, it is the intent of the Legislature that existing employment discrimination provisions covering employers of 5 to 14, inclusive, employees shall not be altered by amendments to this part that become effective on January 1, 1993. (Amended by Stats. 2022, Ch. 48, Sec. 37. (SB 189) Effective June 30, 2022.)
  23. 12941.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    The Legislature states that this section should not change existing age-discrimination law, and that salary-based differences in termination may amount to age discrimination if they hurt older workers as a group.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12941. The Legislature hereby declares its rejection of the court of appeal opinion in Marks v. Loral Corp. (1997) 57 Cal.App.4th 30, and states that the opinion does not affect existing law in any way, including, but not limited to, the law pertaining to disparate treatment. The Legislature declares its intent that the use of salary as the basis for differentiating between employees when terminating employment may be found to constitute age discrimination if use of that criterion adversely impacts older workers as a group, and further declares its intent that the disparate impact theory of proof may be used in claims of age discrimination. The Legislature further reaffirms and declares its intent that the courts interpret the state’s statutes prohibiting age discrimination in employment broadly and vigorously, in a manner comparable to prohibitions against sex and race discrimination, and with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers. Nothing in this section shall limit the affirmative defenses traditionally available in employment discrimination cases including, but not limited to, those set forth in Section 7286.7 of Title 2 of the California Code of Regulations. (Added by renumbering Section 12941.1 by Stats. 2002, Ch. 525, Sec. 3. Effective January 1, 2003.)
  24. 12942.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers must let qualifying employees continue working past a retirement date in a private pension or retirement plan, and the employee must give written notice of intent to retire or terminate in reasonable time after that date if they keep working.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12942. (a) Every employer in this state shall permit any employee who indicates in writing a desire in a reasonable time and can demonstrate the ability to do so, to continue the employee’s employment beyond any retirement date contained in any private pension or retirement plan. This employment shall continue so long as the employee demonstrates the ability to perform the functions of the job adequately and the employer is satisfied with the quality of the work performed. (b) Any employee indicating this desire and continuing the employment shall give the employer written notice in reasonable time, of intent to retire or terminate when the retirement or termination occurs after the employee’s retirement date. (c) Nothing in this section or Section 12941 shall be construed to prohibit any of the following: (1) To prohibit an institution of higher education, as defined by Section 1001 of Title 20 of the United States Code, from imposing a retirement policy for tenured faculty members, provided that the institution has a policy permitting reemployment of these individuals on a year-to-year basis. (2) To prohibit compulsory retirement of any employee who has attained 70 years of age and is a physician employed by a professional medical corporation, the articles or bylaws of which provide for compulsory retirement. (3) To prohibit compulsory retirement of any employee who has attained 65 years of age and who for the two-year period immediately before retirement was employed in a bona fide executive or a high policymaking position, if that employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans, of the employer for the employee, which equals in the aggregate at least twenty-seven thousand dollars ($27,000). (Amended by Stats. 2017, Ch. 799, Sec. 8. (AB 1556) Effective January 1, 2018.)
  25. 12943.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    A school district board must not take certain employment actions against a person because of pregnancy, and must not terminate a temporarily disabled employee under a no-leave policy that disproportionately affects one sex unless a bona fide occupational qualification 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12943. It shall be an unlawful employment practice unless based upon a bona fide occupational qualification: (a) For the governing board of any school district, because of the pregnancy of any person, to refuse to hire or employ that person, or to refuse to select that person for a training program leading to employment, or to bar or to discharge that person from employment or from a training program leading to employment, or to discriminate against that person in compensation or in terms, conditions, or privileges of employment. (b) For the governing board of any school district to terminate any employee who is temporarily disabled, pursuant to or on the basis of an employment policy under which insufficient or no leave is available, if the policy has a disparate impact on employees of one sex and is not justified by necessity of the public schools. (Amended by Stats. 2017, Ch. 799, Sec. 9. (AB 1556) Effective January 1, 2018.)
  26. 12944.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Licensing boards may not use licensing exams or qualifications in a discriminatory way, must make reasonable accommodations for disability or medical condition, must avoid discriminatory publications or inquiries, must not retaliate, and must keep licensing records for two years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12944. (a) It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, reproductive health decisionmaking, or sexual orientation, unless the practice can be demonstrated to be job related. Where the council, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted. If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification. (b) It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individual’s mental or physical disability or medical condition. (c) It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the council, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, reproductive health decisionmaking, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations. (d) It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part. (e) It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications. (f) As used in this section, “licensing board” means any state board, agency, or authority in the Business and Consumer Services Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status. (g) 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. 45. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  27. 12945.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers may not refuse pregnancy-related leave, health coverage, accommodation, or transfer rights covered by this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945. (a) In addition to the provisions that govern pregnancy, childbirth, or a related medical condition in Sections 12926 and 12940, each of the following shall be an unlawful employment practice, unless based upon a bona fide occupational qualification: (1) For an employer to refuse to allow an employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work, as set forth in the council’s regulations. The employee shall be entitled to utilize any accrued vacation leave during this period of time. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or a related medical condition. An employer may require an employee who plans to take a leave pursuant to this subdivision to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave. (2) (A) For an employer to refuse to maintain and pay for coverage for an eligible employee who takes leave pursuant to paragraph (1) under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed four months over the course of a 12-month period, commencing on the date the leave taken under paragraph (1) begins, at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in this paragraph shall preclude an employer from maintaining and paying for coverage under a group health plan beyond four months. An employer may recover from the employee the premium that the employer paid as required under this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: (i) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. (ii) The employee’s failure to return from leave is for a reason other than one of the following: (I) The employee taking leave under the Moore-Brown-Roberti Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code). (II) The continuation, recurrence, or onset of a health condition that entitles the employee to leave under paragraph (1) or other circumstance beyond the control of the employee. (B) If the employer is a state agency, the collective bargaining agreement shall govern with respect to the continued receipt by an eligible employee of the health care coverage specified in subparagraph (A). (3) (A) For an employer to refuse to provide reasonable accommodation for an employee for a condition related to pregnancy, childbirth, or a related medical condition, if the employee so requests, with the advice of the employee’s health care provider. (B) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant employee who so requests. (C) For an employer to refuse to temporarily transfer a pregnant employee to a less strenuous or hazardous position for the duration of the pregnancy if the employee so requests, with the advice of the employee’s physician, where that transfer can be reasonably accommodated. However, no employer shall be required by this section to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job. (4) For an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (b) This section shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under any other provision of this part, including subdivision (a) of Section 12940. (Amended by Stats. 2022, Ch. 48, Sec. 39. (SB 189) Effective June 30, 2022.)
  28. 12945.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    This section says Sections 12945.2 and 19702.3 are known as the Moore-Brown-Roberti Family Rights Act, and they may be cited that way.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.1. Sections 12945.2 and 19702.3 shall be known, and may be cited, as the Moore-Brown-Roberti Family Rights Act. (Added by Stats. 1993, Ch. 580, Sec. 1. Effective January 1, 1994.)
  29. 12945.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers covered by this section must grant eligible employees up to 12 workweeks of family care and medical leave, and must restore them to the same or a comparable job afterward.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.2. (a) It shall be an unlawful employment practice for any employer, as defined in paragraph (4) of subdivision (b), to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period or who meets the requirements of subdivision (r), to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The council shall adopt a regulation specifying the elements of a reasonable request. (b) For purposes of this section: (1) “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis. (2) “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave. (3) “Domestic partner” has the same meaning as defined in Section 297 of the Family Code. (4) “Employer” means either of the following: (A) Any person who directly employs five or more persons to perform services for a wage or salary. (B) The state, and any political or civil subdivision of the state and cities. (5) “Family care and medical leave” means any of the following: (A) Leave for reason of the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person who has a serious health condition. (C) Leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. (D) Leave because of a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, as specified in Section 3302.2 of the Unemployment Insurance Code. (6) “Employment in the same or a comparable position” means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave. (7) “FMLA” means the federal Family and Medical Leave Act of 1993 (P.L. 103-3). (8) “Grandchild” means a child of the employee’s child. (9) “Grandparent” means a parent of the employee’s parent. (10) “Health care provider” means any of the following: (A) An individual holding either a physician’s and surgeon’s certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physician’s and surgeon’s certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition. (B) Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA. (11) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. (12) “Parent-in-law” means the parent of a spouse or domestic partner. (13) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: (A) Inpatient care in a hospital, hospice, or residential health care facility. (B) Continuing treatment or continuing supervision by a health care provider. (14) “Sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent. (c) An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (d). (d) An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employee’s accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employee’s own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person with a serious health condition, unless mutually agreed to by the employer and the employee. (e) (1) During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a “group health plan” beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: (A) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. (B) The employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee. (2) Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer may, at the employer’s discretion, require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave. (f) During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation. (g) If the employee’s need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave. (h) If the employee’s need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision. (i) (1) An employer may require that an employee’s request for leave to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following: (A) The date on which the serious health condition commenced. (B) The probable duration of the condition. (C) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. (D) A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. (2) Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required. (j) (1) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by the employee’s health care provider. That certification shall be sufficient if it includes all of the following: (A) The date on which the serious health condition commenced. (B) The probable duration of the condition. (C) A statement that, due to the serious health condition, the employee is unable to perform the function of the employee’s position. (2) The employer may require that the employee obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required. (3) (A) In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1). (B) The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer. (C) In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1). (D) The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee. (4) As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from the employee’s health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee. (k) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: (1) An individual’s exercise of the right to family care and medical leave provided by subdivision (a). (2) An individual’s giving information or testimony as to the individual’s own family care and medical leave, or another person’s family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section. (l) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. (m) The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first. (n) This section shall be construed as separate and distinct from Section 12945. (o) Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences. (p) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. (q) It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (r) (1) An employee employed by an air carrier as a flight deck or cabin crew member meets the eligibility requirements specified in subdivision (a) if all of the following requirements are met: (A) The employee has 12 months or more of service with the employer. (B) The employee has worked or been paid for 60 percent of the applicable monthly guarantee, or the equivalent annualized over the preceding 12-month period. (C) The employee has worked or been paid for a minimum of 504 hours during the preceding 12-month period. (2) As used in this subdivision, the term “applicable monthly guarantee” means both of the following: (A) For employees described in this subdivision other than employees on reserve status, the minimum number of hours for which an employer has agreed to schedule those employees for any given month. (B) For employees described in this subdivision who are on reserve status, the number of hours for which an employer has agreed to pay those employees on reserve status for any given month, as established in the collective bargaining agreement or, if none exists, in the employer’s policies. (3) The department may provide, by regulation, a method for calculating the leave described in subdivision (a) with respect to employees described in this subdivision. (Amended by Stats. 2022, Ch. 748, Sec. 1. (AB 1041) Effective January 1, 2023.)
  30. 12945.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    This section sets up a mediation process for small-employer family leave claims and requires the employee to contact the department before filing suit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.21. (a) The department shall create a small employer family leave mediation program for employers with between 5 and 19 employees. Under the program, when an employee requests an immediate right to sue alleging a violation of Section 12945.2, 12945.6, or 12945.7 by an employer having between 5 and 19 employees, the department shall notify the employee in writing of the requirement for mediation prior to filing a civil action if mediation is requested by the employer or employee. The employee shall contact the department’s dispute resolution division prior to filing a civil action. (b) (1) Under the program, the employee shall contact the department’s dispute resolution division prior to filing a civil action in the manner specified by the department. The employee shall also indicate whether they are requesting mediation. (2) Upon contacting the dispute resolution division regarding the intent to pursue a legal action for a violation of Section 12945.2, 12945.6, or 12945.7 by an employer having between 5 and 19 employees, the department shall notify all named respondents of the alleged violation and the requirement for mediation, if mediation is requested by the employee or employer, in writing. (3) The department shall terminate its activity if neither the employee nor the employer requests mediation within 30 days of receipt by all named respondents of the notification specified in paragraph (2). (4) If the department receives a request for mediation from the employee or employer within 30 days of receipt by all named respondents of the notification specified in paragraph (2), the department shall initiate the mediation within 60 days of the department’s receipt of the request or the receipt of the notification by all named respondents, whichever is later. (5) Once the mediation has been initiated, no later than seven days before the mediation date, the mediator shall notify the employee of their right to request information pursuant to Sections 226 and 1198.5 of the Labor Code. The mediator shall also help facilitate any other reasonable requests for information that may be necessary for either party to present their claim in mediation. (c) (1) The employee shall not pursue any civil action under Section 12945.2, 12945.6, or 12945.7 unless the mediation is not initiated by the department within the time period specified in subdivision (b) or until the mediation is complete or the mediation is deemed unsuccessful. (2) The statute of limitations applicable to the employee’s claim, including for all related claims under Section 12945.2, 12945.6, or 12945.7, and not under Section 12945.2, 12945.6, or 12945.7, shall be tolled from the date the employee contacts the department’s dispute resolution division regarding the intent to pursue a legal action until the mediation is complete or the mediation is deemed unsuccessful. (d) For purposes of this section, the following shall apply: (1) A mediation is deemed complete when any of the following occur: (A) Neither the employee nor the employer requests the mediation within 30 days of receipt by all named respondents of the notification or both parties agree not to participate in the mediation. (B) The employer fails to respond to the notification or mediation request within 30 days of receipt. (C) The department fails to initiate the mediation within 60 days of the department’s receipt of the request for mediation or the receipt by all named respondents of the notification, whichever is later. (D) The department notifies the parties that it has determined that further mediation would be fruitless, both parties agree that further mediation would be fruitless, or one of the parties failed to submit information requested by the other party and deemed by the mediator to be reasonably necessary or fair for the other party to obtain. (E) The mediator determines that the core facts of the employee’s complaint are unrelated to Section 12945.2, 12945.6, or 12945.7. (F) (i) The mediator determines that the employer has fewer than 5 or more than 19 employees. (ii) Clause (i) shall not apply if the parties disagree about whether the employer has between 5 and 19 employees and the mediator is unable to determine that the employer has between 5 and 19 employees. (2) A mediation is unsuccessful if the claim is not resolved within 30 days of the department’s initiation of mediation, unless the department notifies the parties that it has determined more time is needed to make the mediation successful. (e) A respondent or defendant in a civil action that did not receive a notification pursuant to subdivision (b) as a result of the employee’s failure to contact the department’s alternative dispute resolution division prior to filing a civil action, and who had between 5 and 19 employees at the time that the alleged violation occurred, shall, upon a timely request, be entitled to a stay of any pending civil action or arbitration until mediation is complete or is deemed unsuccessful. (f) If a request for an immediate right to sue includes other alleged violations under this part, this section shall only apply to the claim alleging a violation of Section 12945.2, 12945.6, or 12945.7. Notwithstanding this subdivision, nothing in this section prohibits the parties from voluntarily choosing to mediate all alleged violations. (Amended by Stats. 2024, Ch. 147, Sec. 1. (AB 2011) Effective January 1, 2025.)
  31. 12945.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    An employer may not require an employee to be sterilized as a condition of employment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.5. It shall be an unlawful employment practice for an employer to require any employee to be sterilized as a condition of employment. (Added by Stats. 1980, Ch. 619.)
  32. 12945.6.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers must allow reproductive loss leave, cannot retaliate or interfere with it, and must keep leave requests confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.6. (a) For purposes of this section, the following definitions apply: (1) (A) “Assisted reproduction” means a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation. (B) “Assisted reproduction” does not include any pregnancy achieved through sexual intercourse. (2) “Employee” means a person employed by the employer for at least 30 days prior to the commencement of the leave. (3) “Employer” means either of the following: (A) A person who employs five or more persons to perform services for a wage or salary. (B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties. (4) “Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed. (5) “Failed surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy. (6) “Miscarriage” means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy. (7) “Reproductive loss event” means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. (8) “Reproductive loss leave” means the leave provided by subdivision (b). (9) “Stillbirth” means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth. (10) “Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy. (b) (1) It shall be an unlawful employment practice for an employer to refuse to grant a request by any employee to take up to five days of reproductive loss leave following a reproductive loss event. If an employee experiences more than one reproductive loss event within a 12-month period, an employer shall not be obligated to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period. (2) The employer shall allow the days an employee takes for reproductive loss leave to be nonconsecutive. (3) (A) Except as provided in subparagraph (B), reproductive loss leave shall be completed within three months of the event entitling the employee to that leave under paragraph (1). (B) Notwithstanding subparagraph (A), if, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave from work pursuant to Section 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three months of the end date of the other leave. (4) (A) Reproductive loss leave shall be taken pursuant to any existing applicable leave policy of the employer. (B) If there is no existing applicable leave policy, reproductive loss leave may be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. (c) It shall be an unlawful employment practice for an employer to retaliate against an individual, including, but not limited to, refusing to hire, discharging, demoting, fining, suspending, expelling, or discriminating against, an individual because of either of the following: (1) An individual’s exercise of the right to reproductive loss leave. (2) An individual’s giving information or testimony as to their own reproductive loss leave, or another person’s reproductive loss leave, in an inquiry or proceeding related to rights guaranteed under this section. (d) It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (e) The employer shall maintain the confidentiality of any employee requesting leave under this section. Any information provided to the employer pursuant to this section shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law. (f) An employee’s right to reproductive loss leave shall be construed as a separate and distinct right from any right under this part. (Added by Stats. 2023, Ch. 724, Sec. 1. (SB 848) Effective January 1, 2024.)
  33. 12945.7.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers must grant eligible employees up to five days of bereavement leave for the death of a family member, and must keep leave requests and related documentation confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.7. (a) As used in this section: (1) (A) “Employee” means a person employed by the employer for at least 30 days prior to the commencement of the leave. (B) “Employee” does not include a person who is covered by Section 19859.3. (2) “Employer” means either of the following: (A) A person who employs five or more persons to perform services for a wage or salary. (B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties. (3) “Family member” means a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as defined in Section 12945.2. (b) It shall be an unlawful employment practice for an employer to refuse to grant a request by any employee to take up to five days of bereavement leave upon the death of a family member. (c) The days of bereavement leave need not be consecutive. (d) The bereavement leave shall be completed within three months of the date of death of the family member. (e) (1) The bereavement leave shall be taken pursuant to any existing bereavement leave policy of the employer. (2) If there is no existing bereavement leave policy, the bereavement leave may be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. (3) If an existing leave policy provides for less than five days of paid bereavement leave, the employee shall be entitled to no less than a total of five days of bereavement leave, consisting of the number of days of paid leave under the existing policy, and the remainder of days of leave may be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. (4) If an existing leave policy provides for less than five days of unpaid bereavement leave, the employee shall be entitled to no less than five days of unpaid bereavement leave, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. (f) The employee, if requested by the employer, within 30 days of the first day of the leave, shall provide documentation of the death of the family member. As used in this subdivision, “documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. (g) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, demote, fine, suspend, expel, or discriminate against, an individual because of either of the following: (1) An individual’s exercise of the right to bereavement leave provided by subdivision (b). (2) An individual’s giving information or testimony as to their own bereavement leave, or another person’s bereavement leave, in an inquiry or proceeding related to rights guaranteed under this section. (h) It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (i) The employer shall maintain the confidentiality of any employee requesting leave under this section. Any documentation provided to the employer pursuant to subdivision (f) or subdivision (g) shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law. (j) An employee’s right to leave under this section shall be construed as separate and distinct from any right under Section 12945.2. (k) The section does not apply to an employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for bereavement leave equivalent to that required by this section and for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked, where applicable, and a regular hourly rate of pay for those employees of not less than 30 percent above the state minimum wage. (Added by Stats. 2022, Ch. 767, Sec. 1. (AB 1949) Effective January 1, 2023.)
  34. 12945.8.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers are restricted from punishing employees for certain victim-related leave or court-related absences, and must provide reasonable accommodations and written notice of 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12945.8. (a) An employer shall not do any of the following: (1) Discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury. (2) Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. (3) Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. (4) Commencing January 1, 2026, discharge or in any manner discriminate or retaliate against an employee who is a victim or a family member of a victim for taking time off from work in order to attend judicial proceedings related to that crime, including, but not limited to, any delinquency proceeding, a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding where a right of that person is an issue. (b) An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes: (1) To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim. (2) To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence. (3) To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence. (4) To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence. (5) To participate in safety planning or take other actions to increase safety from future qualifying acts of violence. (6) To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare. (7) To provide care to a family member who is recovering from injuries caused by a qualifying act of violence. (8) To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence. (9) To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence. (10) To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence. (c) (1) As a condition of taking time off for a purpose set forth in paragraph (1), (3), or (4) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. (2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer upon request by the employer. Certification shall be sufficient in the form of any of the following: (A) A police report indicating that the employee or a family member of the employee was a victim. (B) A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court. (C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence. (D) Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section. (3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) or (4) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employee’s family member and a third party. (d) An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status, or the employee’s family member’s status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (e) (1) An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work. (2) For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization. (3) An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employee’s status, or the employee’s family member’s status, as a victim. (4) The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. (5) In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member. (6) This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code. (7) (A) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this subdivision. (B) The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status, or the employee’s family member’s status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (c). (C) An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status, or an employee’s family member’s status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification. (D) Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employee’s family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employee’s family member and a third party. (E) (i) If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer. (ii) Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. (F) If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed. (8) An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted. (f) It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (g) An employee may use vacation, personal leave, paid sick leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a) or (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. (h) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.). (i) An employer may limit the total leave taken pursuant to this section as follows: (1) An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks. (2) If an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to five days. (3) If any employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days. (4) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave. (j) For purposes of this section: (1) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime. (2) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended. (3) “Employer” means any of the following: (A) Any person who directly employs one or more persons to perform services for a wage or salary. (B) The state, and any political or civil subdivision of the state and cities. (4) “Family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. For purposes of this paragraph, “designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section. (5) “Qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: (A) Domestic violence. (B) Sexual assault. (C) Stalking. (D) An act, conduct, or pattern of conduct that includes any of the following: (i) In which an individual causes bodily injury or death to another individual. (ii) In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual. (iii) In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death. (6) “Sexual assault” means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent. (7) “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or suffer substantial emotional distress. (8) “Victim” means one of the following: (A) An individual against whom a qualifying act of violence is committed. (B) For the purposes of paragraph (2) of subdivision (a) only, a person against whom any crime has been committed. (C) For the purposes of paragraph (4) of subdivision (a) only, either of the following: (i) A person against whom any of the following crimes are committed: (I) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code. (II) A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code. (III) A felony provision of law proscribing theft or embezzlement. (ii) A person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of any of the following crimes or delinquent acts: (I) Vehicular manslaughter while intoxicated, as defined in subdivision (b) of Section 191.5 of the Penal Code. (II) Felony child abuse likely to produce great bodily harm or a death, as defined in Section 273a of the Penal Code. (III) Assault resulting in the death of a child under eight years of age, as defined in Section 273ab of the Penal Code. (IV) Felony domestic violence, as defined in Section 273.5 of the Penal Code. (V) Felony physical abuse of an elder or dependent adult, as defined in subdivision (b) of Section 368 of the Penal Code. (VI) Felony stalking, as defined in Section 646.9 of the Penal Code. (VII) Solicitation for murder, as defined in subdivision (b) of Section 653f of the Penal Code. (VIII) A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code. (IX) Hit-and-run causing death or injury, as defined in Section 20001 of the Vehicle Code. (X) Felony driving under the influence causing injury, as defined in Section 23153 of the Vehicle Code. (XI) Sexual assault as set forth in Section 261, 261.5, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code. (9) “Victim advocate” means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency. (10) “Victim services organization or agency” means an agency or organization that has a documented record of providing services to victims. (k) (1) An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employee’s family member is a victim. If an employer elects not to use the form developed by the department, as specified in paragraph (2), the notice provided by the employer to the employees shall be substantially similar in content and clarity to that form developed by the department. (2) The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employee’s inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a “substantial number of non-English-speaking people,” as that phrase is defined in Section 7296.2, on the department’s internet website to make it available to employers who are required to comply with this section. The department shall create the form and post it in accordance with this paragraph on or before July 1, 2025. (3) An employer shall not be required to comply with paragraph (1) until the department posts the form on the department’s internet website in accordance with paragraph (2). (Amended by Stats. 2025, Ch. 148, Sec. 1. (AB 406) Effective October 1, 2025.)
  35. 12946.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Covered employers, labor organizations, and employment agencies must keep certain records for at least four years, and must keep all records and files longer if a verified complaint is filed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12946. (a) It shall be an unlawful practice for employers, labor organizations, and employment agencies subject to the provisions of this part to fail to maintain and preserve any and all applications, personnel, membership, or employment referral records and files for a minimum period of four years after the records and files are initially created or received, or for employers to fail to retain personnel files of applicants or terminated employees for a minimum period of four years after the date of the employment action taken. (b) Upon notice that a verified complaint against it has been filed under this part, any such employer, labor organization, or employment agency shall maintain and preserve any and all records and files until the later of the following: (1) The first date after the period of time for filing a civil action has expired. (2) The first date after the complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (c) The council shall adopt suitable rules, regulations, and standards to carry out the purposes of this section. (d) Where necessary, the department, pursuant to its powers under Section 12974, may seek temporary or preliminary judicial relief to enforce this section. (Amended by Stats. 2021, Ch. 278, Sec. 2. (SB 807) Effective January 1, 2022.)
  36. 12947.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Employers and labor organizations are not treated as committing an unlawful practice when they provide or fund child care services for employees or members responsible for minor children.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12947. It shall not be an unlawful practice under this part for an employer or labor organization to provide or make financial provision for child care services of a custodial or other nature for its employees or members who are responsible for minor children. (Added by Stats. 1980, Ch. 992.)
  37. 12947.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    An employer may not refuse to let an employee wear pants because of the employee’s sex, but may require uniforms or costumes in the specified situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12947.5. (a) It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee. (b) Nothing in this section shall prohibit an employer from requiring employees in a particular occupation to wear a uniform. (c) Nothing in this section shall prohibit an employer from requiring an employee to wear a costume while that employee is portraying a specific character or dramatic role. (d) The council may exempt an employer from the requirements of this section for good cause shown and shall adopt standards and procedures for granting exemptions. (Amended by Stats. 2012, Ch. 46, Sec. 39. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  38. 12948.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    A person must not deny, or help, encourage, or conspire in the denial of certain civil 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12948. It is an unlawful practice under this part for a person to deny or to aid, incite, or conspire in the denial of the rights created by Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. (Amended by Stats. 2018, Ch. 951, Sec. 3. (SB 224) Effective January 1, 2019.)
  39. 12949.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    An employer may require reasonable workplace appearance, grooming, and dress standards, but must let an employee dress or appear consistently with the employee’s gender identity or gender expression.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12949. Nothing in this part relating to gender-based discrimination affects the ability of an employer to require an employee to adhere to reasonable workplace appearance, grooming, and dress standards not precluded by other provisions of state or federal law, provided that an employer shall allow an employee to appear or dress consistently with the employee’s gender identity or gender expression. (Amended by Stats. 2011, Ch. 719, Sec. 20. (AB 887) Effective January 1, 2012.)
  40. 12950.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Employers must take steps to prevent workplace sexual harassment, including posting required materials, giving employees the sexual harassment information sheet or equivalent information, and providing required training.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12950. In addition to employer responsibilities set forth in subdivisions (j) and (k) of Section 12940 and in rules adopted by the department and the council, every employer shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements: (a) (1) The department’s poster on discrimination in employment shall include information relating to the illegality of sexual harassment. One copy of the poster shall be provided by the department to an employer or a member of the public upon request. The poster shall be available at each office of the department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. Each employer shall post the poster in a prominent and accessible location in the workplace. (2) Post a poster developed by the department regarding transgender rights in a prominent and accessible location in the workplace. (3) Provide sexual harassment training as required by Section 12950.1. (b) Each employer shall obtain from the department its information sheet on sexual harassment, which the department shall make available to employers for reproduction and distribution to employees. One copy of the information sheet shall be provided by the department to an employer or a member of the public upon request. The information sheets shall be available at each office of the department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. Each employer shall distribute this information sheet to its employees, unless the employer provides equivalent information to its employees that contains, at a minimum, components on the following: (1) The illegality of sexual harassment. (2) The definition of sexual harassment under applicable state and federal law. (3) A description of sexual harassment, utilizing examples. (4) The internal complaint process of the employer available to the employee. (5) The legal remedies and complaint process available through the department. (6) Directions on how to contact the department. (7) The protection against retaliation provided by Title 2 of the California Code of Regulations for opposing the practices prohibited by this article or for filing a complaint with, or otherwise participating in an investigation, proceeding, or hearing conducted by, the department or the council. (8) A link to, or the internet website address for, the sexual harassment online training courses developed pursuant to Section 12950.1 and located on the internet website of the department. (c) The information sheet or information required to be distributed to employees pursuant to subdivision (b) shall be delivered in a manner that ensures distribution to each employee, such as including the information sheet or information with an employee’s pay. (d) The department shall make the poster, fact sheet, and online training courses available in English, Spanish, Simplified Chinese, Tagalog, Vietnamese, Korean, and any other language that is spoken by a “substantial number of non-English-speaking people,” as that phrase is defined in Section 7296.2. The department shall make versions of the online training courses with subtitles in each language and shall orally dub the online training courses into each language other than English. Simplified Chinese shall be sufficient for subtitling purposes. (e) The department shall make the poster, fact sheet, and online training courses required by this section, and the corresponding translations, available to employers and to the public through its internet website in formats that may be streamed or downloaded. (f) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the information sheet or information required to be distributed pursuant to this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant. (g) If an employer violates the requirements of this section, the department may seek an order requiring the employer to comply with these requirements. (Amended by Stats. 2019, Ch. 497, Sec. 137. (AB 991) Effective January 1, 2020.)
  41. 12950.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Employers with five or more employees must provide sexual harassment training, with extra timing rules for new, temporary, and seasonal workers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12950.1. (a) (1) By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California. Thereafter, each employer covered by this section shall provide sexual harassment training and education to each employee in California once every two years. New nonsupervisory employees shall be provided training within six months of hire. New supervisory employees shall be provided training within six months of the assumption of a supervisory position. An employer may provide this training in conjunction with other training provided to the employees. The training may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the applicable hourly total requirement is met. An employer who has provided this training and education to an employee in 2019 is not required to provide refresher training and education again until two years thereafter. The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion. (2) An employer shall also include prevention of abusive conduct as a component of the training and education specified in paragraph (1). (3) An employer shall also provide training inclusive of harassment based on gender identity, gender expression, and sexual orientation as a component of the training and education specified in paragraph (1). The training and education shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation, and shall be presented by trainers or educators with knowledge and expertise in those areas. (b) The state shall incorporate the training required by subdivision (a) into the 80 hours of training provided to all new employees pursuant to subdivision (b) of Section 19995.4, using existing resources. (c) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the training and education required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant. (d) If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements. (e) The training and education required by this section is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination. This section shall not be construed to override or supersede statutes, including, but not limited to, Section 1684 of the Labor Code, that meet or exceed the training for nonsupervisory employees required under this section. (f) Except as provided in subdivision (l), beginning January 1, 2021, for seasonal, temporary, or other employees that are hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. In the case of a temporary employee employed by a temporary services employer, as defined in Section 201.3 of the Labor Code, to perform services for clients, the training shall be provided by the temporary services employer, not the client. (g) Beginning January 1, 2020, sexual harassment prevention training for migrant and seasonal agricultural workers, as defined in the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801, et seq.), shall be consistent with training for nonsupervisory employees pursuant to paragraph (8) of subdivision (a) of Section 1684 of the Labor Code. (h) (1) For purposes of this section only, “employer” means any person regularly employing five or more persons or regularly receiving the services of five or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. (2) For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious. (i) For purposes of providing training to employees as required by this section, an employer may develop its own training module or may direct employees to view the online training course referenced in subdivision (j) and this shall be deemed to have complied with and satisfied the employers’ obligations as set forth in this section and Section 12950. (j) The department shall develop or obtain two online training courses on the prevention of sexual harassment in the workplace in accordance with the provisions of this section. The course for nonsupervisory employees shall be one hour in length and the course for supervisory employees shall be two hours in length. (k) The department shall make the online training courses available on its internet website. The online training courses shall contain an interactive feature that requires the viewer to respond to a question periodically in order for the online training courses to continue to play. Any questions resulting from the online training course described in this subdivision shall be directed to the trainee’s employer’s human resources department or equally qualified professional rather than the department. (l) (1) An employer that employs workers pursuant to a multiemployer collective bargaining agreement in the construction industry may satisfy the requirements of subdivision (a) or (f) by demonstrating that the employee has received the training required by subdivision (a) within the past two years under any of the following circumstances: (A) While the employee was employed by another employer that is also signatory to a multiemployer collective bargaining agreement with the same trade in the building and construction industry. (B) While the employee was an apprentice registered in a building and construction trades apprenticeship program approved by the Division of Apprenticeship Standards. (C) Through a building and construction trades apprenticeship program approved by the Division of Apprenticeship Standards, a labor management training trust, or labor management cooperation committee. For purposes of this subdivision, “labor management cooperation committee” shall mean a committee that is established pursuant to Section 175a of Title 29 of the United States Code. (2) For purposes of this subdivision, “multiemployer collective bargaining agreement” means a bona fide collective bargaining agreement to which multiple employers are signatory, including predecessor and successor agreements. (3) An employer shall require verification that an employee has undergone prevention of harassment training pursuant to this subdivision within the past two years. The employer shall provide prevention of harassment training pursuant to subdivision (a) for any employee for whom verification cannot be obtained. (4) A state-approved apprenticeship program, labor management training trust, or labor management cooperation committee shall maintain a certificate of completion of training for each person to whom the entity has provided prevention of harassment training pursuant to this subdivision for a period of not less than four years. The apprenticeship program, labor management training trust, or labor management cooperation committee shall maintain a database of journey-level worker and apprentice training that entity has provided and shall provide verification of an employee’s or apprentice’s prevention of harassment training status upon the request of an employer that is a party to the multiemployer collective bargaining agreement. (5) (A) A qualified trainer may provide prevention of harassment training on behalf of an apprenticeship program, labor management training trust, or labor management cooperation committee. (B) A “qualified trainer,” for purposes of this subdivision, is any person who, through a combination of training and experience, has the ability to train employees about the following: (i) How to identify behavior that may constitute unlawful harassment, discrimination, or retaliation under both California and federal law. (ii) What steps to take when harassing behavior occurs in the workplace. (iii) How to report harassment complaints. (iv) Supervisory employees’ obligation to report harassing, discriminatory, or retaliatory behavior of which they become aware. (v) How to respond to a harassment complaint. (vi) The employer’s obligation to conduct a workplace investigation of a harassment complaint. (vii) What constitutes retaliation and how to prevent it. (viii) Essential components of an antiharassment policy. (ix) The effect of harassment on harassed employees, coworkers, harassers, and employers. (C) A “qualified trainer” includes, but is not limited to, an attorney admitted to the State Bar of California with at least two years of experience practicing employment law, a human resources professional with at least two years of practical experience in prevention of harassment training, investigation, and advising employers in the prevention of harassment, or any other person who has received training in the provision of prevention of harassment training from a qualified trainer. (6) An apprenticeship program, labor management training trust, or labor management cooperation committee may also provide training by use of the online training courses referenced in subdivision (j). (7) An apprenticeship program, labor management training trust, or labor management cooperation committee shall not incur any liability for providing prevention of harassment training or for maintaining records pursuant to this subdivision. (m) An employee who has received training in compliance with this section within the prior two years either from a current, a prior, or an alternate or a joint employer, or who received a valid work permit from the Labor Commissioner that required the employee to receive training in compliance with this section within the prior two years, shall be given, and required to read and to acknowledge receipt of, the employer’s anti-harassment policy within six months of assuming the employee’s new position. That employee shall then be put on a two year tracking schedule based on the employee’s last training. The current employer shall have the burden of establishing that the prior training was legally compliant with this section. (Amended by Stats. 2020, Ch. 227, Sec. 1. (AB 3369) Effective September 28, 2020.)
  42. 12950.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    An employer may provide bystander intervention training, and that training may include practical guidance, exercises, and 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12950.2. An employer may also provide bystander intervention training that includes information and practical guidance on how to enable bystanders to recognize potentially problematic behaviors and to motivate bystanders to take action when they observe problematic behaviors. The training and education may include exercises to provide bystanders with the skills and confidence to intervene as appropriate and to provide bystanders with resources they can call upon that support their intervention. (Added by Stats. 2018, Ch. 955, Sec. 3. (SB 1300) Effective January 1, 2019.)
  43. 12950.3.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Hotels and motels must give human trafficking awareness training to covered employees on the stated schedule, and the department may seek an order if an employer violates the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12950.3. (a) For purposes of this section, “employer” means a hotel or motel. “Employer” does not mean a bed and breakfast inn, as that term is defined in subdivision (b) of Section 24045.12 of the Business and Professions Code. (b) (1) By January 1, 2020, an employer shall provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking. An employer who has provided this training and education to an employee on or before January 1, 2019, shall not be required to provide additional training to that employee to meet the requirements of this subparagraph. (2) After January 1, 2020, an employer shall, once every two years, provide human trafficking awareness training and education to each employee who is likely to interact or come into contact with victims of human trafficking and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking. (3) As used in this subdivision, “an employee who is likely to interact or come into contact with victims of human trafficking” includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers. (c) The human trafficking awareness training and education required by subdivision (b) shall include, but is not limited to, the following: (1) The definition of human trafficking and commercial exploitation of children. (2) Guidance on how to identify individuals who are most at risk for human trafficking. (3) The difference between labor and sex trafficking specific to the hotel sector. (4) Guidance on the role of hospitality employees in reporting and responding to this issue. (5) The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Hotline toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies. (d) The human trafficking awareness training and education required by subdivision (b) may also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking. (e) The lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party. (f) It is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education. This section shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It is further the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments. (g) If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements. (Added by Stats. 2018, Ch. 842, Sec. 1. (SB 970) Effective January 1, 2019.)
  44. 12951.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    An employer generally cannot adopt or enforce a workplace language policy unless it is justified by business necessity and employees are notified of when it applies and the consequences of violating 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12951. (a) It is an unlawful employment practice for an employer, as defined in subdivision (d) of Section 12926, to adopt or enforce a policy that limits or prohibits the use of any language in any workplace, unless both of the following conditions exist: (1) The language restriction is justified by a business necessity. (2) The employer has notified its employees of the circumstances and the time when the language restriction is required to be observed and of the consequences for violating the language restriction. (b) For the purposes of this section, “business necessity” means an overriding legitimate business purpose such that the language restriction is necessary to the safe and efficient operation of the business, that the language restriction effectively fulfills the business purpose it is supposed to serve, and there is no alternative practice to the language restriction that would accomplish the business purpose equally well with a lesser discriminatory impact. (Added by Stats. 2001, Ch. 295, Sec. 2. Effective January 1, 2002.)
  45. 12952.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Employers with five or more employees generally may not ask about or use an applicant’s conviction history before a conditional job offer, and must follow notice and response steps before a final denial based on conviction history.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12952. (a) Except as provided in subdivision (d), it is an unlawful employment practice for an employer with five or more employees to do any of the following: (1) To include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant’s conviction history. (2) To inquire into or consider the conviction history of the applicant, including any inquiry about conviction history on any employment application, until after the employer has made a conditional offer of employment to the applicant. (3) To consider, distribute, or disseminate information about any of the following while conducting a conviction history background check in connection with any application for employment: (A) Arrest not followed by conviction, except in the circumstances as permitted in paragraph (1) of subdivision (a) and subdivision (f) of Section 432.7 of the Labor Code. (B) Referral to or participation in a pretrial or posttrial diversion program. (C) Convictions that have been sealed, dismissed, expunged, or statutorily eradicated pursuant to law, or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation. (4) To interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (b) This section shall not be construed to prevent an employer from conducting a conviction history background check not in conflict with the provisions of subdivision (a). (c) (1) (A) An employer that intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history shall make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. In making the assessment described in this paragraph, the employer shall consider all of the following: (i) The nature and gravity of the offense or conduct. (ii) The time that has passed since the offense or conduct and completion of the sentence. (iii) The nature of the job held or sought. (B) An employer may, but is not required to, commit the results of this individualized assessment to writing. (2) If the employer makes a preliminary decision that the applicant’s conviction history disqualifies the applicant from employment, the employer shall notify the applicant of this preliminary decision in writing. That notification may, but is not required to, justify or explain the employer’s reasoning for making the preliminary decision. The notification shall contain all of the following: (A) Notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer. (B) A copy of the conviction history report, if any. (C) An explanation of the applicant’s right to respond to the notice of the employer’s preliminary decision before that decision becomes final and the deadline by which to respond. The explanation shall inform the applicant that the response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both. (3) The applicant shall have at least five business days to respond to the notice provided to the applicant under paragraph (2) before the employer may make a final decision. If, within the five business days, the applicant notifies the employer in writing that the applicant disputes the accuracy of the conviction history report that was the basis for the preliminary decision to rescind the offer and that the applicant is taking specific steps to obtain evidence supporting that assertion, then the applicant shall have five additional business days to respond to the notice. (4) The employer shall consider information submitted by the applicant pursuant to paragraph (3) before making a final decision. (5) If an employer makes a final decision to deny an application solely or in part because of the applicant’s conviction history, the employer shall notify the applicant in writing of all the following: (A) The final denial or disqualification. The employer may, but is not required to, justify or explain the employer’s reasoning for making the final denial or disqualification. (B) Any existing procedure the employer has for the applicant to challenge the decision or request reconsideration. (C) The right to file a complaint with the department. (d) This section does not apply in any of the following circumstances: (1) To a position for which a state or local agency is otherwise required by law to conduct a conviction history background check. (2) To a position with a criminal justice agency, as defined in Section 13101 of the Penal Code. (3) To a position as a Farm Labor Contractor, as described in Section 1685 of the Labor Code. (4) To a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history. For purposes of this paragraph, federal law shall include rules or regulations promulgated by a self-regulatory organization as defined in Section 3(a)(26) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203), pursuant to the authority in Section 19(b) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203). (e) The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law, including any local ordinance. (f) For purposes of this section: (1) “Conviction” has the same meaning as defined in paragraphs (1) and (3) of subdivision (a) of Section 432.7 of the Labor Code. (2) Notwithstanding paragraph (1), the term “conviction history” includes: (A) An arrest not resulting in conviction only in the specific, limited circumstances described in subdivision (f) of Section 432.7 of the Labor Code, when an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, may ask an applicant for certain positions about specified types of arrests. (B) An arrest for which an individual is out on bail or his or her own recognizance pending trial. (Amended by Stats. 2018, Ch. 824, Sec. 2. (AB 2845) Effective January 1, 2019.)
  46. 12953.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    An employer must not violate Labor Code Section 432.6.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12953. It is an unlawful employment practice for an employer to violate Section 432.6 of the Labor Code. (Added by Stats. 2019, Ch. 711, Sec. 2. (AB 51) Effective January 1, 2020.)
  47. 12954.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. )

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    An employer generally may not discriminate against a person over off-duty cannabis use or ask an applicant about prior cannabis use, subject to stated exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices, Generally [12940 - 12954] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12954. (a) (1) Except as specified in subdivision (c), it is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following: (A) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites. (B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. (2) This subdivision does not apply to an employee in the building and construction trades. (b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis. (c) Information about a person’s prior cannabis use obtained from the person’s criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law. (d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation. (e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract. (f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies. (g) This section shall become operative on January 1, 2024. (Amended by Stats. 2023, Ch. 408, Sec. 1. (SB 700) Effective January 1, 2024.)
  48. 12955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section makes a wide range of housing-discrimination conduct unlawful, including discrimination, harassment, discriminatory inquiries or ads, retaliation, and certain income- and credit-screening practices.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955. It shall be unlawful: (a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person. (b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation. (c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination. (d) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing. (e) For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. (f) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owner’s dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action. (g) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so. (h) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin. (i) (1) For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information. (2) For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin. (j) To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin. (k) To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin. (l) To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable. Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. (m) As used in this section, “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. (n) To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together. (o) (1) In instances in which there is a government rent subsidy, to do either of the following: (A) Use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant. (B) (i) Use a person’s credit history as part of the application process for a rental accommodation without offering the applicant the option, at the applicant’s discretion, of providing lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay the portion of the rent to be paid by the tenant, including, but not limited to, government benefit payments, pay records, and bank statements. (ii) If the applicant elects to provide lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay pursuant to clause (i), the housing provider shall do both of the following: (I) Provide the applicant reasonable time to respond with that alternative evidence. (II) Reasonably consider that alternative evidence in lieu of the person’s credit history in determining whether to offer the rental accommodation to the applicant. (2) This subdivision does not limit the ability of the owner of a housing accommodation to request information or documentation to verify employment, to request landlord references, or to verify the identity of a person. (p) (1) For the purposes of this section, “source of income” means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). “Source of income” includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. (2) For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income. (Amended by Stats. 2023, Ch. 776, Sec. 1. (SB 267) Effective January 1, 2024.)
  49. 12955.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    The section treats certain inaccessible design or construction of covered multifamily housing as discrimination and sets accessibility features and regulatory duties for that housing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.1. (a) For purposes of Section 12955, “discrimination” includes, but is not limited to, a failure to design and construct a covered multifamily dwelling in a manner that allows access to, and use by, disabled persons by providing, at a minimum, the following features: (1) All covered multifamily dwellings shall have at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site. The burden of establishing impracticability because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility. (2) All covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in a manner that complies with all of the following: (A) The public and common areas are readily accessible to and usable by persons with disabilities. (B) All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons in wheelchairs. (C) All premises within covered multifamily dwelling units contain the following features of adaptable design: (i) An accessible route into and through the covered dwelling unit. (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations. (iii) Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where those facilities are provided. (iv) Useable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (b) (1) For purposes of Section 12955, “discrimination” includes, but is not limited to, a failure to design and construct 10 percent of the multistory dwelling units in buildings without an elevator that consist of at least four condominium dwelling units or at least three rental apartment dwelling units in a manner that incorporates an accessible route to the primary entry level entrance and that meets the requirements of paragraph (2) of subdivision (a) with respect to the ground floor, at least one bathroom on the primary entry level and the public and common areas. Any fraction thereof shall be rounded up to the next whole number. For purposes of this subdivision, “elevator” does not include an elevator that serves only the first ground floor or any nonresidential area. In multistory dwelling units in these buildings without elevators, the “primary entry level entrance” means the principal entrance through which most people enter the dwelling unit, as designated by the California Building Standards Code or, if not designated by California Building Standards Code, by the building official. To determine the total number of multistory dwelling units subject to this subdivision, all multistory dwelling units in the buildings subject to this subdivision on a site shall be considered collectively. This subdivision shall not be construed to require an elevator within an individual multistory dwelling unit or within a building subject to this subdivision. This subdivision shall apply only to multistory dwelling units in a building subject to this subdivision for which an application for a construction permit is submitted on or after July 1, 2005. (2) Notwithstanding subdivision (c), the Division of the State Architect and the Department of Housing and Community Development may adopt regulations to clarify, interpret, or implement this subdivision, if either of them deem it necessary and appropriate. (c) Notwithstanding Section 12935, regulations adopting building standards necessary to implement, interpret, or make specific the provisions of this section shall be developed by the Division of the State Architect for public housing and by the Department of Housing and Community Development for all other residential occupancies, and shall be adopted pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of the Health and Safety Code. Prior to the effective date of regulations adopted pursuant to this subdivision, existing federal accessibility standards that provide, to persons with disabilities, greater protections than existing state accessibility regulations shall apply. After regulations pursuant to this subdivision become effective, particular state regulations shall apply if they provide, to persons with disabilities, the same protections as, or greater protections than, the federal standards. If particular federal regulations provide greater protections than state regulations, then those federal standards shall apply. If the United States Department of Housing and Urban Development determines that any portion of the state regulations are not equivalent to the federal standards, the federal standards shall, as to those portions, apply to the design and construction of covered multifamily dwellings until the state regulations are brought into compliance with the federal standards. The appropriate state agency shall provide notice pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 5 of Division 3 of Title 2) of that determination. (d) In investigating discrimination complaints, the department shall apply the building standards contained in the California Building Standards Code to determine whether a covered multifamily dwelling is designed and constructed for access to and use by disabled persons in accordance with this section. (e) The building standard requirements for persons with disabilities imposed by this section shall meet or exceed the requirements under the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and its implementing regulations (24 C.F.R. 100.1 et seq.) and the existing state law building standards contained in the California Building Standards Code. (Amended by Stats. 2003, Ch. 642, Sec. 1. Effective January 1, 2004.)
  50. 12955.1.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section defines “covered multifamily dwellings” and “multistory dwelling unit” for purposes of Section 12955.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.1.1. For purposes of Section 12955.1, the following definitions shall apply: (a) “Covered multifamily dwellings” means both of the following: (1) Buildings that consist of at least four condominium dwelling units or at least three rental apartment dwelling units if the buildings have at least one elevator. For purposes of this definition, dwelling units within a single structure separated by firewalls do not constitute separate buildings. (2) The ground floor dwelling units in buildings that consist of at least four condominium dwelling units or at least three rental apartment dwelling units if the buildings do not have an elevator. For purposes of this definition, dwelling units within a single structure separated by firewalls do not constitute separate buildings. (b) “Multistory dwelling unit” means a condominium dwelling unit or rental apartment with finished living space on one floor and the floor immediately above or below it or, if applicable, the floors immediately above and below it. (Added by Stats. 2003, Ch. 642, Sec. 2. Effective January 1, 2004.)
  51. 12955.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section defines “familial status” and says housing-discrimination protections for familial status also cover certain pregnant people and people seeking custody.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.2. For purposes of this part, “familial status” means one or more individuals under 18 years of age who reside with a parent, another person with care and legal custody of that individual, a person who has been given care and custody of that individual by a state or local governmental agency that is responsible for the welfare of children, or the designee of that parent or other person with legal custody of any individual under 18 years of age by written consent of the parent or designated custodian. The protections afforded by this part against discrimination on the basis of familial status also apply to any individual who is pregnant , who is in the process of securing legal custody of any individual under 18 years of age, or who is in the process of being given care and custody of any individual under 18 years of age by a state or local governmental agency responsible for the welfare of children. (Added by Stats. 1992, Ch. 182, Sec. 9. Effective January 1, 1993.)
  52. 12955.3.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    For this part, “disability” includes physical or mental disabilities defined in Section 12926, and the definition is not limited to those examples.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.3. For purposes of this part, “disability” includes, but is not limited to, any physical or mental disability as defined in Section 12926. (Amended by Stats. 2000, Ch. 1049, Sec. 8. Effective January 1, 2001.)
  53. 12955.4.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    Religious organizations and certain related nonprofits may limit or prefer housing access for people of the same religion in dwellings they own or operate for noncommercial purposes, unless membership in that religion is restricted because of race, color, or national origin.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.4. Nothing in this part shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to those persons, unless membership in that religion is restricted on account of race, color, or national origin. (Added by Stats. 1992, Ch. 182, Sec. 11. Effective January 1, 1993.)
  54. 12955.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    The government may establish programs to collect information about discriminatory housing practices.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.5. Nothing in this part shall preclude the government from establishing programs to collect information relating to discriminatory housing practices. (Added by Stats. 1992, Ch. 182, Sec. 12. Effective January 1, 1993.)
  55. 12955.6.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section says the part cannot be read to give protected classes fewer rights or remedies than certain federal and prior state fair-housing laws, and state laws that require unlawful practices under this part are invalid to that extent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.6. Nothing in this part shall be construed to afford to the classes protected under this part, fewer rights or remedies than the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and its implementing regulations (24 C.F.R. 100.1 et seq.), or state law relating to fair employment and housing as it existed prior to the effective date of this section. Any state law that purports to require or permit any action that would be an unlawful practice under this part shall to that extent be invalid. This part may be construed to afford greater rights and remedies to an aggrieved person than those afforded by federal law and other state laws. (Amended by Stats. 1993, Ch. 1277, Sec. 5.5. Effective January 1, 1994.)
  56. 12955.7.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    It is unlawful to coerce, intimidate, threaten, or interfere with a person because they exercised, enjoyed, aided, or encouraged rights protected by Sections 12955 or 12955.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.7. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Section 12955 or 12955.1. (Added by Stats. 1993, Ch. 1277, Sec. 6. Effective January 1, 1994.)
  57. 12955.8.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section explains how intentional discrimination and discriminatory effect are shown in housing discrimination cases, and it gives a necessity-based defense for business establishments and other persons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.8. For purposes of this article, in connection with unlawful practices: (a) Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence. (b) Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve. (1) Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect. (2) For purposes of this subdivision, the term “business establishment” shall have the same meaning as in Section 51 of the Civil Code. (Amended by Stats. 2019, Ch. 601, Sec. 8. (SB 222) Effective January 1, 2020.)
  58. 12955.9.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    Rules on familial-status discrimination do not apply to housing for older persons, and the owner must prove the housing qualifies for that status.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12955.9. (a) The provisions of this part relating to discrimination on the basis of familial status shall not apply to housing for older persons. (b) As used in this section, “housing for older persons” means any of the following: (1) Housing provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program. (2) Housing that meets the standards for senior housing in Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent that those standards violate the prohibition of familial status discrimination in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations. (3) Mobilehome parks that meet the standards for “housing for older persons” as defined in the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. (c) For purposes of this section, the burden of proof shall be on the owner to prove that the housing qualifies as housing for older persons. (Amended by Stats. 2016, Ch. 714, Sec. 9. (SB 944) Effective January 1, 2017.)
  59. 12956.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    If a verified complaint is filed and notice is given, an owner of housing accommodations must keep relevant rental records and other written materials until the complaint and any related appeals or proceedings are fully finished.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12956. Upon notice that a verified complaint against it has been filed under this part, any owner of housing accommodations shall maintain and preserve any and all rental records or any other written materials relevant to the complaint, until the complaint is fully and finally disposed of and all appeals or related proceedings terminated. (Added by Stats. 1987, Ch. 605, Sec. 5.)
  60. 12956.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    Certain parties who give out copies of deeds or related housing documents must attach a bold warning page, and some must also provide a modification form. Adding a racially restrictive covenant 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12956.1. (a) As used in this section: (1) “Association,” “governing documents,” and “declaration” have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code. (2) “Redaction” means the process of rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible. (3) “Redacted” means the result of the rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible. (b) (1) A county recorder, title company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following: “If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a “Restrictive Covenant Modification” form, together with a copy of the attached document with the unlawful provision redacted to the county recorder’s office. The “Restrictive Covenant Modification” form can be obtained from the county recorder’s office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.” (2) The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder. (3) A title company, escrow company, or association that delivers a copy of a declaration, governing document, or deed directly to a person who holds an ownership interest of record in property shall also provide a Restrictive Covenant Modification form with procedural information for appropriate processing along with the document. (c) Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document. (Amended by Stats. 2022, Ch. 28, Sec. 68. (SB 1380) Effective January 1, 2023.)
  61. 12956.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section lets a qualifying property owner record a restrictive covenant modification, and sets out county recorder, county counsel, and title/escrow company steps for reviewing, recording, notifying, and indexing 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12956.2. (a) (1) A person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. A title company, escrow company, county recorder, real estate broker, real estate agent, or other person also may record the modification document provided for in this section. The county recorder may waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of a restrictive covenant modification document. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive covenant language redacted. (2) Beginning July 1, 2022, if a title company, escrow company, real estate broker, or real estate agent has actual knowledge that a declaration, governing document, or deed that is being directly delivered to a person who holds or is acquiring an ownership interest in property includes a possible unlawfully restrictive covenant, they shall notify the person who holds or is acquiring the ownership interest in the property of the existence of that covenant and their ability to have it removed through the restrictive covenant modification process. There shall be no presumption that a party providing a document has read the document or has actual knowledge of its content. (3) Beginning July 1, 2022, if requested before the close of escrow, the title company or escrow company directly involved in the pending transaction shall assist in the preparation of a Restrictive Covenant Modification pursuant to this section, but the title company or escrow company shall have no liability associated with the recordation of a Restrictive Covenant Modification that contains modifications not authorized by this section on behalf of the requester. (b) (1) Before recording the Restrictive Covenant Modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the language in the original document contains an unlawful restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination within a period of time specified in paragraph (2). The county recorder shall refuse to record the modification document if the county counsel or their designee finds that the original document does not contain an unlawful restriction as specified in this subdivision or the modification document contains modifications not authorized by this section. (2) For documents recorded pursuant to subdivision (a), the period of time shall be a reasonable period of time, not to exceed three months, from the date the request for recordation is made, unless extraordinary circumstances apply. (c) If a person requests to record a modification document, that person shall provide a return address in order for the county recorder to notify this person of the action taken by the county counsel on the respective property. The notice required pursuant to this subdivision may be made on a postcard mailed by first-class mail. (d) The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording. (e) Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document. (f) A Restrictive Covenant Modification form shall be prepared and accepted for submission and recordation in all counties in substantially the following form: RESTRICTIVE COVENANT MODIFICATION: The following referenced document contains a restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of redacting and eliminating that restrictive covenant as shown on page(s) ___ of the document recorded on ___________(date) in book _______ and page _____ or instrument number _________ of the official records of the County of __________________, State of California. Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted. This modification document shall be indexed in the same manner as the original document being modified, pursuant to subdivision (d) of Section 12956.2 of the Government Code. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document. (Signature of submitting party) _______ County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, hereby states that it has determined that the original document referenced above contains an unlawful restriction and this modification may be recorded. Or ________County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, finds that the original document does not contain an unlawful restriction, or the modification document contains modifications not authorized, and this modification may not be recorded. County Counsel By: Date: (g) The county recorder shall make available to the public Restrictive Covenant Modification forms onsite in an appropriately designated area, or online on the county recorder’s internet website, either of which shall be deemed to satisfy the requirement of paragraphs (1) and (2) of subdivision (b) of Section 12956.1 to provide a Restrictive Covenant Modification form if the procedural information for appropriate processing is attached to the form. Those forms shall permit multiple submissions on behalf of different homes and for processing homes in batches with respect to a modification document that affects multiple homes or lots. The forms shall also permit the submission of a restrictive covenant modification form for a homeowners’ association or a common interest development to modify covenants, conditions, and restrictions that will correct unlawfully restrictive covenants for multiple dwellings within a subdivision. (h) If a person causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the person who caused the modified recordation as provided in subdivision (a). (i) (1) A restrictive covenant modification that is approved by county counsel or their designee and recorded pursuant to this section removes the illegal covenant from all property affected by the original covenant regardless of who submits the modification. (2) This section does not affect the obligations of the governing board of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code. (j) For purposes of this section, “redaction” and “redacted” mean the same as defined in Section 12956.1. (Amended by Stats. 2022, Ch. 420, Sec. 24. (AB 2960) Effective January 1, 2023.)
  62. 12956.3.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    County recorders must run a restrictive covenant program to identify, index, redact, and retain records of unlawfully restrictive covenants, and the county association must report on progress and hold implementation meetings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12956.3. (a) The county recorder of each county shall establish a restrictive covenant program to assist in the redaction of unlawfully restrictive covenants in violation of subdivision (l) of Section 12955. (b) Each county recorder as part of their restrictive covenant program shall undertake all of the following: (1) By July 1, 2022, prepare an implementation plan, which shall be publicly available and may be posted on the internet website of the county recorder, that does all of the following: (A) Outlines how the county recorder will carry out the identification and redaction of unlawfully restrictive covenants. (B) Provides timelines for when elements of their plan will be accomplished. (C) Provides how the county recorder’s office plans to track and maintain a record of homes with unlawfully restrictive covenants once they have been identified. (2) Identify unlawfully restrictive covenants in violation of subdivision (l) of Section 12955 in the records of the county recorder’s office. (3) Beginning January 1, 2022, index a restrictive covenant modification document under the title of “Restrictive Covenant Modification” and shall make that index available in their office for the public, and if the county recorder has an index online, include the title in the online index. (4) Redact unlawfully restrictive covenants in the records of the respective county recorder’s office, subject to county counsel approval, by rerecording a copy of the original document with the unlawfully restrictive language redacted so that it is not readable or visible, using a Restrictive Covenant Modification Form substantially similar to the form set forth in subdivision (f) of Section 12956.2. (c) The county recorder shall retain each nonredacted record for future reference and public request needs. (d) (1) The County Recorders Association of California shall submit status reports on the progress of each county’s restrictive covenant program established pursuant to this section by January 1, 2023, and January 1, 2025, to the Legislature. The report may describe the number of documents identified for redaction, and the implementation timelines for actions taken by each county recorder’s office. (2) The County Recorders Association of California shall convene a best practices meeting to share concepts on implementation of this section no later than December 31, 2022, with all California county recorder offices and meet annually thereafter until December 31, 2027. (e) Nothing in this section shall be construed to restrict, delay, or modify access to any official record, or modify any existing agreements regarding access to any official record. (f) For purposes of this section “redaction” and “redacted” mean the same as defined in Section 12956.1. (g) The failure of a county recorder to identify or redact illegal restrictive covenants, as required by this section, or the county recorder’s identification or redaction of any restrictive covenants that are later determined not to be illegal, shall not result in any liability against the county recorder or the county. (Added by Stats. 2021, Ch. 359, Sec. 3. (AB 1466) Effective January 1, 2022.)
  63. 12957.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. )

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    Housing for homeless youth is authorized and is not treated as unlawful age discrimination; the section also says it does not allow discrimination against families with children.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 6. Discrimination Prohibited [12940 - 12957] ( Chapter 6 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12955 - 12957] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12957. (a) It is the policy of this state and the purpose of this section to facilitate and support the development and operation of housing for homeless youth. (b) The provision of housing for homeless youth is hereby authorized and shall not be considered unlawful age discrimination, notwithstanding any other provision of law, including, but not limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections 11135, 12920, and 12955 of this code, Chapter 11.5 (commencing with Section 50800) of Part 2 of Division 31 of the Health and Safety Code, and local housing or age discrimination ordinances. (c) This section shall not be construed to permit discrimination against families with children. (d) This section shall occupy the field of regulation of housing for homeless youth by any local public entity, including, but not limited to, a city, county, and city and county. (e) For purposes of this section, the following definitions shall apply: (1) “At risk of becoming homeless” means facing eviction or termination of one’s current housing situation. (2) “Homeless youth” means either of the following: (A) A person who is not older than 24 years of age, and meets one of the following conditions: (i) Is homeless or at risk of becoming homeless. (ii) Is no longer eligible for foster care on the basis of age. (iii) Has run away from home. (B) A person who is younger than 18 years of age, who is emancipated pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, and who is homeless or at risk of becoming homeless. (3) “Housing for homeless youth” means emergency, transitional, or permanent housing tied to supportive services that assist homeless youth in stabilizing their lives and developing the skills and resources they need to make a successful transition to independent, self-sufficient adulthood. (Added by Stats. 2016, Ch. 870, Sec. 15. (SB 1442) Effective January 1, 2017.)
  64. 12960.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    This section sets out how complaints about unlawful practices are filed with the department and sets deadlines for doing so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6. (b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form. (c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the director’s authorized representative may in like manner, on that person’s own motion, make, sign, and file a complaint. (d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action. (e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred. (2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section. (3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred. (4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section. (5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred. (6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows: (A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline. (B) For a period of time not to exceed one year following a rebutted presumption of the identity of the person’s employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer. (C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation. (D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority. (E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section. (f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following: (A) The department files a civil action for the alleged violation under this part. (B) One year after the department issues either of the following to a complainant: (i) Written notice that it has closed its investigation without electing to file a civil action for the alleged violation. (ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department. (2) The tolling provided under this subdivision shall apply retroactively. (3) This subdivision is not intended to revive claims that have already lapsed. (Amended by Stats. 2025, Ch. 321, Sec. 2. (SB 477) Effective January 1, 2026.)
  65. 12961.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Certain complaints can be filed and handled as group or class complaints, and the director must notify affected parties in writing within one 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12961. (a) If an unlawful practice alleged in a verified complaint adversely affects, in a similar manner, a group or class of persons of which the aggrieved person filing the complaint is a member, or if the unlawful practice raises questions of law or fact which are common to such a group or class, the aggrieved person or the director may file the complaint on behalf and as representative of such a group or class. (b) (1) A complaint filed pursuant to subdivision (a) may be investigated as a group or class complaint. (2) If in the judgment of the director circumstances warrant, a complaint investigated as a group or class complaint pursuant to paragraph (1) shall be treated as a group or class complaint for purposes of conciliation, dispute resolution, or civil action. (3) The director shall communicate in writing their determination to treat a complaint as a group or class complaint pursuant to paragraph (2) within one year after the filing of the complaint to each person, employer, labor organization, employment agency, or public entity alleged in the complaint to have committed an unlawful practice. (Amended by Stats. 2021, Ch. 278, Sec. 4. (SB 807) Effective January 1, 2022.)
  66. 12962.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department must serve verified complaints on the alleged violator, but if the complainant hires private counsel, that counsel must do the service instead. The director may also omit the complaining party’s name in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12962. (a) The department shall cause any verified complaint filed for investigation under the provisions of this part to be served upon the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of in any of the following ways: (1) In the manner specified in Section 415.20 of the Code of Civil Procedure. (2) In the manner specified in Section 415.30 of the Code of Civil Procedure. (3) In the manner specified in Section 1010.6 of the Code of Civil Procedure. (4) In any other manner specified in the Code of Civil Procedure. (5) Personally. (6) By certified mail with return receipt requested. (b) Notwithstanding subdivision (a), if a person claiming to be aggrieved by an alleged unlawful practice hires or retains private counsel for purposes of representation of the claim, the private counsel, and not the department, shall cause the verified complaint filed under the provisions of this part to be served upon the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice in any of the following ways: (1) In the manner specified in Section 415.20 of the Code of Civil Procedure. (2) In the manner specified in Section 415.30 of the Code of Civil Procedure. (3) In the manner specified in Section 1010.6 of the Code of Civil Procedure. (4) In any other manner specified in the Code of Civil Procedure. (5) Personally. (6) By certified mail with return receipt requested. (c) Service shall be made at the time of initial contact with the person, employer, labor organization, or employment agency or the agents thereof, or within 60 days, whichever first occurs. At the discretion of the director, the complaint may not contain the name of the complaining party unless the complaint is filed by the director or the director’s authorized representative. (Amended by Stats. 2021, Ch. 278, Sec. 5. (SB 807) Effective January 1, 2022.)
  67. 12963.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    After a qualifying complaint is filed, the department must promptly investigate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963. After the filing of any complaint alleging facts sufficient to constitute a violation of any of the provisions of this part, the department shall make prompt investigation in connection therewith. (Amended by Stats. 1980, Ch. 1023.)
  68. 12963.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    After certain complaints are filed, the department may issue subpoenas, and served recipients must get reasonable time to comply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963.1. Upon the filing of a complaint under Section 12960, 12961, or 12980: (a) The department may issue and serve upon an individual, corporation, partnership, association, public entity, or other organization subpoenas to require the attendance and testimony of witnesses by deposition or otherwise, and in connection therewith, to require the production of books, records, documents, and physical materials in the possession of, or under the control of, the individual or organization named on the subpoena. (b) A subpoena shall be served by delivering a copy of the subpoena to the individual named on the subpoena or to any person who would be eligible to receive service of summons on behalf of the individual or organization named on the subpoena, as provided in Sections 416.10 through 416.90 of the Code of Civil Procedure. A subpoena issued to a person, employer, labor organization, employment agency, or public entity alleged to have committed an unlawful practice in a complaint filed under Section 12960 or 12961 may also be delivered to the agent or representative who has responded to the department concerning the complaint on behalf of such person, employer, labor organization, employment agency, or public entity. The copy of the subpoena may be delivered by personal service, by substituted service in accordance with Section 415.20 of the Code of Civil Procedure, or by certified mail. The affidavit of the individual serving the subpoena setting forth the manner of such service, along with the return post office receipt in the case of mail service, shall be sufficient proof of such service. (c) A subpoena for appearance and production of books, records, documents, and physical materials shall identify with reasonable particularity the things that are to be produced. The subpoena need not be accompanied by an affidavit showing good cause or the materiality of the things sought to be produced. (d) A subpoena for appearance and testimony at a deposition or other proceeding issued to a corporation, partnership, association, public entity, or other organization shall state with reasonable particularity the matters on which testimony is sought. The organization served with such a subpoena shall have the obligation of producing as a witness one or more officers, directors, managing agents, or other individuals to testify on its behalf as to the matters specified in the subpoena. (e) Service of a subpoena shall be made so as to allow the recipient of the subpoena a reasonable time for compliance. No individual named on a subpoena shall be obliged to attend as a witness before the department at a place out of the county in which that person resides, unless the distance is less than 150 miles from the individual’s place of residence or good cause appears why attendance of the witness at greater distance should be required. Each witness who has appeared pursuant to a subpoena shall, upon demand, be paid by the department the same fees and mileage allowed by law to witnesses in civil cases. (Added by Stats, 1980, Ch. 1023.)
  69. 12963.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    After certain complaints are filed, the department may send written interrogatories, and the recipient must answer them within 30 days unless the department allows more time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963.2. Upon the filing of a complaint under Section 12960, 12961, or 12980: (a) The department may issue and serve written interrogatories on the same individuals and organizations and in the same manner as subpoenas may be issued and served under Section 12963.1. Any corporation, partnership, association, public entity, or other organization to which interrogatories are issued has the obligation of designating one or more officers, directors, managing agents, or other individuals to answer the interrogatories on the organization’s behalf. (b) Within 30 days after the service of the interrogatories, or such longer time as the department may permit, the recipient of the interrogatories shall serve on the department written answers either responding fully or stating any objection to each interrogatory separately. The answers shall be made under oath and shall be signed by each individual making them, and the answers shall identify which individual has responded to each interrogatory. (c) When in order to answer an interrogatory it is necessary to make a compilation, abstract, audit, or summary of the business records of the recipient of the interrogatory and such a compilation, abstract, audit, or summary does not exist or is not in the possession or under the control of the recipient, it shall be a sufficient answer to the interrogatory to so state and to specify the records from which the answer may be derived or ascertained and to afford the department reasonable opportunity to inspect and copy or make compilations, abstracts, or summaries from such records. (Added by Stats. 1980, Ch. 1023.)
  70. 12963.3.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department must use subpoenas to notice depositions, and it must mail written notice to named complaint parties when a subpoena is served on someone not alleged to have committed the unlawful practice. The deposition officer must administer the oath, record the testimony, and note objections; testimony is usually stenographically recorded and transcribed unless the parties agree 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963.3. (a) Depositions taken by the department shall be noticed by issuance and service of a subpoena pursuant to Section 12963.1. If, in the course of the investigation of a complaint, a subpoena is issued and served on an individual or organization not alleged in the complaint to have committed an unlawful practice, written notice of the deposition shall also be mailed by the department to each individual or organization alleged in the complaint to have committed an unlawful practice. (b) A deposition may be taken before any officer of the department who has been authorized by the director to administer oaths and take testimony, or before any other person before whom a deposition may be taken in a civil action pursuant to Section 2025.320 or subdivision (d) of Section 2026.010 of the Code of Civil Procedure. The person before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the person’s direction and in the person’s presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise. All objections made at the time of the examination shall be noted on the deposition by the person before whom the deposition is taken, and evidence objected to shall be taken subject to the objections. (Amended by Stats. 2005, Ch. 294, Sec. 19. Effective January 1, 2006.)
  71. 12963.4.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department may serve requests for production for inspection and copying, and the recipient must respond within 15 days unless the department allows more time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963.4. (a) The department may issue and serve requests for production for inspection and copying of books, records, documents, and physical materials in the possession or under the control of an individual or organization. A request for production may be issued and served on the same individuals and organizations and in the same manner as subpoenas may be issued and served under Section 12963.1. (b) A request for production shall identify with reasonable particularity the things that are to be inspected and shall specify a reasonable time, place, and manner of making the inspection and performing the copying, and may prescribe such terms and conditions as are just. (c) Within 15 days after service of a request for production or such longer time as the department may permit, the recipient of the request shall serve on the department a written response with respect to each item requested, either stating that inspection and copying will be permitted as requested or objecting to the request and stating the grounds of the objection. Unless a request for production is objected to, the recipient of the request shall thereafter permit the inspection and copying requested by the department. (Added by Stats. 1980, Ch. 1023.)
  72. 12963.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    This section lets the department ask a superior court to compel compliance when a person or organization does not comply with certain investigative process, and it sets the petition, hearing, appeal, fee, and contempt procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963.5. (a) The superior courts shall have jurisdiction to compel the attendance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. If an individual or organization fails to comply with a subpoena, interrogatory, request for production, or examination under oath by refusing to respond fully or objecting thereto, or by obstructing any proceeding before the department, the department may file with a superior court a petition for an order compelling compliance, naming as respondent the individual or organization that has failed to comply. Such an action may be brought in any county in which the department’s investigation or inquiry takes place, or in the county of the respondent’s residence or principal office. (b) The petition shall describe the inquiry or investigation before the department, the basis for its jurisdiction therein, and state facts showing that the subpoena, interrogatory, request for production, or examination under oath was issued or carried out in accordance with the requirements of this part, that the information sought was identified with sufficient particularity to permit response and is reasonably relevant to the inquiry or investigation before the department, and that the respondent has failed to comply. If the petition sets forth good cause for relief, the court shall issue an order to show cause to the respondent; otherwise the court shall enter an order denying the petition. The order to show cause shall be served, along with the department’s petition, on the respondent in the same manner as summons must be served in civil actions, and the order shall be returnable not less than 10 days from its issuance nor later than 45 days after the filing of the petition. The respondent shall have the right to serve and file a written answer or other response to the petition and order to show cause. (c) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order granting or denying the petition. However, the court may on its own motion for good cause extend such time an additional 30 days. If the order grants the petition in whole or part, the order shall set forth the manner in which the respondent shall comply and the period of time following the effective date of the order within which such compliance is required. A copy of the order shall be served by mail by the clerk upon the parties. If the order grants the petition in whole or in part, the order shall not become effective until 10 days after it is served. If the order denies the petition, it shall become effective on the date it is served. (d) The order of the superior court is immediately appealable in the court of appeal. A party aggrieved by such order, or any part thereof, may within 15 days after the service of the superior court’s order, serve and file a notice of appeal. The appeal shall have precedence in the court to which the appeal is taken and shall be determined as soon as practicable after the notice of appeal is filed. (e) (1) A court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, in a petition, including appeals, brought pursuant to this section. (2) Notwithstanding Section 998 of the Code of Civil Procedure, a prevailing respondent shall not be awarded fees and costs pursuant to paragraph (1) unless the court finds the petition or appeal was frivolous, unreasonable, or without merit when brought, or the petitioner continued to litigate after it clearly became so. (f) Within 15 days after the end of the compliance period specified in the order of the superior court, after the exhaustion of any challenges to the order in higher courts, the department shall in writing certify to the court either that the order has been complied with or that the respondent has failed to comply. A copy of the certified statement shall be served on the respondent by personal delivery or certified mail. After receipt of a certified statement indicating the respondent’s failure to comply with the order, the court may compel obedience to its order by contempt proceedings, and by making such additional orders as may be appropriate. Following such proceedings, the department shall, within 15 days after the respondent complies with the original order of the court, certify in writing to the court that such order has been complied with. A copy of the certified statement shall be served on the respondent by personal delivery or certified mail. (g) The period of time within which the department is directed to initiate a civil action by Section 12965 shall be extended by the length of the period between the filing of a petition under this section and either (1) the final effective date, after the exhaustion of any challenges to the original order in higher courts, of an order of the superior court denying the petition, or (2) the filing by the department of a certified statement, pursuant to subdivision (e), indicating the respondent’s compliance with the order of the superior court granting the petition in whole or in part, whichever occurs later. (Amended by Stats. 2021, Ch. 278, Sec. 6. (SB 807) Effective January 1, 2022.)
  73. 12963.7.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    If the department finds a complaint valid after investigation, it must immediately try to end the unlawful employment practice. Department staff must not disclose what happened during those efforts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12963.7. (a) If the department determines after investigation that the complaint is valid, the department shall immediately endeavor to eliminate the unlawful employment practice complained of by conference, conciliation, and persuasion. The staff of the department shall not disclose what has transpired in the course of any endeavors to eliminate the unlawful employment practice through conference, conciliation, and persuasion. (b) Any member of the staff of the department who discloses information in violation of the requirements of this section is guilty of a misdemeanor. Such disclosure by an employee subject to civil service shall be cause for disciplinary action under the State Civil Service Act. (Added by Stats. 1980, Ch. 1023.)
  74. 12964.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Agreements reached through dispute resolution must be written, signed by all parties, and approved by the director or the director’s representative if the department is a signatory.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12964. Any agreement entered into by conference, conciliation, persuasion, or other dispute resolution shall be reduced to writing, signed by all parties, and, where the department is a signatory, approved by the director or the authorized representative of the director. Within one year of the effective date of every agreement signed by the department, the department shall conduct a compliance review to determine whether the agreement has been fully obeyed and implemented. Whenever the department believes, on the basis of evidence presented to it, that any person is violating or about to violate any agreement, the department may bring an action in the superior court against the person to enjoin him or her from continuing or engaging in the violation, or from doing anything in furtherance of the violation. In the action an order or judgment may be entered awarding a temporary restraining order or a preliminary or final injunction as may be proper. The action may be brought in any county in which actions may be brought under subdivision (a) of Section 12965. In resolving allegedly unlawful practices through conciliation the resolutions may be in the nature of, but are not limited to, types of remedies that might be ordered after in a civil action. (Amended by Stats. 2012, Ch. 46, Sec. 44. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  75. 12964.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Employers may not make employees sign certain releases or nondisparagement clauses in exchange for pay or as a condition of work, and separation agreements must give employees at least five business days to consult an attorney.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12964.5. (a) (1) It is an unlawful employment practice for an employer, in exchange for a raise or bonus, or as a condition of employment or continued employment, to do either of the following: (A) (i) For an employer to require an employee to sign a release of a claim or right under this part. (ii) As used in this subparagraph, “release of a claim or right” includes requiring an individual to execute a statement that the individual does not possess any claim or injury against the employer or other covered entity, and includes the release of a right to file and pursue a civil action or complaint with, or otherwise notify, a state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity. (B) (i) For an employer to require an employee to sign a nondisparagement agreement or other document to the extent it has the purpose or effect of denying the employee the right to disclose information about unlawful acts in the workplace. (ii) A nondisparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions in the workplace shall include, in substantial form, the following language: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.” (2) Any agreement or document in violation of this subdivision is contrary to public policy and shall be unenforceable. (b) (1) (A) It is an unlawful employment practice for an employer or former employer to include in any agreement related to an employee’s separation from employment any provision that prohibits the disclosure of information about unlawful acts in the workplace. (B) A nondisparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions in the workplace shall include, in substantial form, the following language: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.” (2) Any provision in violation of paragraph (1) is against public policy and shall be unenforceable. (3) This subdivision does not prohibit the inclusion of a general release or waiver of all claims in an agreement related to an employee’s separation from employment, provided that the release or waiver is otherwise lawful and valid. (4) An employer offering an employee or former employee an agreement related to that employee’s separation from employment as provided in this subdivision shall notify the employee that the employee has a right to consult an attorney regarding the agreement and shall provide the employee with a reasonable time period of not less than five business days in which to do so. An employee may sign such an agreement prior to the end of the reasonable time period as long as the employee’s decision to accept such shortening of time is knowing and voluntary and is not induced by the employer through fraud, misrepresentation, or a threat to withdraw or alter the offer prior to the expiration of the reasonable time period, or by providing different terms to employees who sign such an agreement prior to the expiration of such time period. (c) As used in this section, “information about unlawful acts in the workplace” includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful. (d) (1) This section does not apply to a negotiated settlement agreement to resolve an underlying claim under this part that has been filed by an employee in court, before an administrative agency, in an alternative dispute resolution forum, or through an employer’s internal complaint process. (2) As used in this section, “negotiated” means that the agreement is voluntary, deliberate, and informed, the agreement provides consideration of value to the employee, and that the employee is given notice and an opportunity to retain an attorney or is represented by an attorney. (e) This section does not prohibit the entry or enforcement of a provision in any agreement that precludes the disclosure of the amount paid in a severance agreement. (f) This section does not prohibit an employer from protecting the employer’s trade secrets, proprietary information, or confidential information that does not involve unlawful acts in the workplace. (Amended by Stats. 2021, Ch. 638, Sec. 2. (SB 331) Effective January 1, 2022.)
  76. 12965.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    The department may bring certain civil actions, but before filing it must require mandatory dispute resolution. The aggrieved person has rights in the case, and the court can award fees and some 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the director’s discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved. (2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the department’s internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. (3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that person’s own counsel. (4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendant’s residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state. (5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint. (B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint. (C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint. (D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows: (i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it. (ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline. (iii) For the period of time for which the department’s investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5. (iv) During a timely appeal within the department of the closure of the complaint by the department. (b) For purposes of this section, filing a complaint means filing a verified complaint. (c) (1) (A) Except as specified in subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint. (B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint. (C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the director’s complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (D) The notices specified in subparagraphs (A), (B), and (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice. (E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6. (F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows: (i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it. (ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline. (iii) For the period of time for which the department’s investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5. (iv) During a timely appeal within the department of the closure of the complaint by the department. (2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice. (3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant’s residence or principal office. (4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. (5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants. (6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. (d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employer’s internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part. (e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met: (A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department. (B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission. (C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission. (2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later. (3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093. (f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met: (A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department. (B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department. (C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person. (2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later. (Amended by Stats. 2025, Ch. 321, Sec. 3. (SB 477) Effective January 1, 2026.)
  77. 12966.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    If the department is bringing or about to bring a civil action against a state contractor or supplier, the director must notify the appropriate awarding agency and send it a copy of the complaint.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12966. Where the department initiates a civil action, or is about to do so, and the party accused of engaging in unlawful practices under this part is a state contractor or is a supplier of goods and services to the state, the director shall send a written notice of the civil action and a copy of the civil complaint to the appropriate awarding agency and request a report of any action which the awarding agency takes in response to the department’s notification and filing of a civil action. (Amended by Stats. 2012, Ch. 46, Sec. 46. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  78. 12971.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    If a complaint has been served and is later withdrawn or dismissed, or an investigation is terminated or closed, notice must be given to the respondent and the complainant without undue delay.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12971. If, at any time during the proceedings described in this part, after a complaint has been served on a respondent, the complaint is withdrawn by the complainant or dismissed by the department, or an investigation is terminated or closed by the department, notice of this fact shall be given to the respondent and the complainant without undue delay. (Added by Stats. 1980, Ch. 992.)
  79. 12973.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    The department must conduct a compliance review within one year after the effective date of each final order or decision issued under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12973. Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented. (Amended by Stats. 2012, Ch. 46, Sec. 52. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  80. 12974.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    If a complaint is filed and the department finds urgent need after a preliminary investigation, the director or authorized representative may sue for temporary or preliminary relief; the court may also award fees and costs to the department if it prevails.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12974. Whenever a complaint is filed with the department and the department concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this part, the director or the director’s authorized representative may bring a civil action for appropriate temporary or preliminary relief pending final disposition of such complaint. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Section 527 of the Code of Civil Procedure. An action seeking such temporary or preliminary relief may be brought in any county in which actions may be brought under paragraph (4) of subdivision (a) of Section 12965. In civil actions brought under this section, the court, in its discretion, may award to the department reasonable attorney’s fees and costs, including expert witness fees, when it is the prevailing party for the purposes of the order granting temporary or preliminary relief. (Amended by Stats. 2025, Ch. 200, Sec. 23. (AB 1521) Effective January 1, 2026.)
  81. 12975.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    Willfully interfering with department or council personnel doing employment-discrimination duties, or willfully violating a related court order, 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12975. Any person who shall willfully resist, prevent, impede, or interfere with any member of the department or the council or any of its agents or employees in the performance of duties pursuant to the provisions of this part relating to employment discrimination, or who shall in any manner willfully violate an order of the court relating to such matter, is guilty of a misdemeanor, punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 2012, Ch. 46, Sec. 54. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  82. 12976.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. )

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    A person who willfully violates Section 12946 on recordkeeping commits 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 1. Unlawful Practices [12960 - 12976] ( Article 1 added by Stats. 1980, Ch. 992. ) ## 12976. Any person who willfully violates Section 12946 concerning recordkeeping is guilty of a misdemeanor, punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 1983, Ch. 1092, Sec. 134. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  83. 12980.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

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    This section sets out how housing discrimination complaints are filed, investigated, and moved into court, with deadlines for the department and a one-year filing limit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12980. This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section 12955) of Chapter 6. (a) Any person claiming to be aggrieved by an alleged violation of Section 12955, 12955.1, or 12955.7 may file with the department a verified complaint in writing that shall state the name and address of the person alleged to have committed the violation complained of, and that shall set forth the particulars of the alleged violation and contain any other information required by the department. The filing of a complaint and pursuit of conciliation or remedy under this part shall not prejudice the complainant’s right to pursue effective judicial relief under other applicable laws, but if a civil action has been filed under Section 52 of the Civil Code, the department shall terminate proceedings upon notification of the entry of final judgment unless the judgment is a dismissal entered at the complainant’s request. (b) The Attorney General or the director may, in a like manner, make, sign, and file complaints citing practices that appear to violate the purpose of this part or any specific provisions of this part relating to housing discrimination. No complaint may be filed after the expiration of one year from the date upon which the alleged violation occurred or terminated. (c) The department may thereupon proceed upon the complaint in the same manner and with the same powers as provided in this part in the case of an unlawful practice, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than the provisions of Article 1 (commencing with Section 12960), the provisions of this article shall prevail. (d) Upon the filing of a complaint, the department shall serve notice upon the complainant of the time limits, rights of the parties, and choice of forums provided for under the law. (e) The department shall commence proceedings with respect to a complaint within 30 days of filing of the complaint. (f) An investigation of allegations contained in any complaint filed with the department shall be completed within 100 days after receipt of the complaint, unless it is impracticable to do so. If the investigation is not completed within 100 days, the complainant and respondent shall be notified, in writing, of the department’s reasons for not doing so. (g) Upon the conclusion of each investigation, the department shall prepare a final investigative report containing all of the following: (1) The names of any witnesses and the dates of any contacts with those witnesses. (2) A summary of the dates of any correspondence or other contacts with the aggrieved persons or the respondent. (3) A summary of witness statements. (4) Answers to interrogatories. (5) A summary description of other pertinent records. A final investigative report may be amended if additional evidence is later discovered. (h) If a civil action is not brought by the department within 100 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify the person claiming to be aggrieved. This notice shall, in any event, be issued no more than 30 days after the date of the determination or 30 days after the date of the expiration of the 100-day period, whichever date first occurs. The notice shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person named in the verified complaint within the time period specified in Section 12989.1. The notice shall also indicate, unless the department has determined that no civil action will be brought, that the person claiming to be aggrieved has the option of continuing to seek redress for the alleged discrimination through the procedures of the department if the person does not desire to file a civil action. The superior courts of the State of California shall have jurisdiction of these actions, and the aggrieved person may file in these courts. The action may be brought in any county in the state in which the violation is alleged to have been committed, or in the county in which the records relevant to the alleged violation are maintained and administered, but if the defendant is not found within that county, the action may be brought within the county of the defendant’s residence or principal office. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so. In a civil action brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorney’s fees. (i) All agreements reached in settlement of any housing discrimination complaint filed pursuant to this section shall be made public, unless otherwise agreed by the complainant and respondent, and the department determines that the disclosure is not required to further the purposes of the act. (j) All agreements reached in settlement of any housing discrimination complaint filed pursuant to this section shall be agreements between the respondent and complainant, and shall be subject to approval by the department. (Amended by Stats. 2017, Ch. 799, Sec. 16. (AB 1556) Effective January 1, 2018.)
  84. 12981.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The director must file a civil action in certain housing-discrimination cases, and the department must first require dispute resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail. (2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the department’s mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. (3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it. (4) Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding. (b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination. (c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented. (d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement. (Amended by Stats. 2025, Ch. 321, Sec. 4. (SB 477) Effective January 1, 2026.)
  85. 12981.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department may not dismiss a complaint unless the complainant withdraws it or the department finds, after a thorough investigation, that there is no reasonable cause to believe an unlawful housing practice occurred or is about to occur.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12981.1. The department shall not dismiss a complaint unless the complainant withdraws the complaint or the department determines after a thorough investigation that, based on the facts, no reasonable cause exists to believe that an unlawful housing practice, as prohibited by this part, has occurred or is about to occur. (Amended by Stats. 2012, Ch. 46, Sec. 57. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  86. 12983.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department may sue in superior court to stop a property owner from further rental, lease, or sale activity and to require compliance with Section 12956, if a complaint has been filed and probable cause has been found. Any temporary restraining order under this section cannot last more than 20 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12983. The department at any time after a complaint is filed with it and it has been determined that probable cause exists for believing that the allegations of the complaint are true and constitute a violation of this part, may bring an action in the superior court to enjoin the owner of the property from taking further action with respect to the rental, lease, or sale of the property, as well as to require compliance with Section 12956, until the department has completed its investigation and made its determination; but a temporary restraining order obtained under this section shall not, in any event, be in effect for more than 20 days. In this action an order or judgment may be entered awarding the temporary restraining order or the preliminary or final injunction in accordance with Section 527 of the Code of Civil Procedure. In civil actions brought under this section, the court, in its discretion, may award to the department reasonable attorney’s fees and costs, including expert witness fees, when it is the prevailing party for the purposes of the order granting temporary or preliminary relief. (Amended by Stats. 2012, Ch. 46, Sec. 58. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  87. 12984.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    Conciliation-related matters under this part are privileged and generally cannot be used in evidence. Department members and staff also may not disclose what happened during conciliation efforts, except as provided in Section 12980.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12984. Except as provided in Section 12980, all matters connected with any conference, conciliation, or persuasion efforts under this part are privileged and may not be received in evidence. Except as provided in Section 12980, the members of the department and its staff shall not disclose to any person what has transpired in the course of such endeavors to conciliate. Every member of the department or its staff who discloses information in violation of this section is guilty of a misdemeanor. Such disclosure by an employee subject to civil service shall be cause for disciplinary action under the State Civil Service Act. (Amended by Stats. 1992, Ch. 182, Sec. 16. Effective January 1, 1993.)
  88. 12985.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    After a complaint is filed, if the department or its staff contacts the person, they must say whether the contact is for investigation or for conference, conciliation, persuasion, or mediation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12985. When a person is contacted by the department or a member of the department’s staff, following the filing of a complaint against that person, the person shall be informed whether the contact is for the purpose of investigation or conference, conciliation, persuasion, or mediation, and if it is for conference, conciliation, persuasion, or mediation, the person shall be informed that all matters relating thereto are privileged and confidential. (Amended by Stats. 2012, Ch. 46, Sec. 59. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  89. 12986.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department must serve or mail the verified complaint to the respondent within 10 days and tell the respondent in writing about procedural rights and obligations. The respondent may file an answer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12986. The department shall within 10 days cause a copy of the verified complaint that has been filed under this part to be served upon or mailed to the respondent alleged to have committed the violation complained of and shall advise the respondent in writing of the respondent’s procedural rights and obligations. The respondent may file an answer to the complaint. (Amended by Stats. 2017, Ch. 799, Sec. 17. (AB 1556) Effective January 1, 2018.)
  90. 12988.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    The department may engage in affirmative actions with owners to further the purpose of this 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12988. The department may engage in affirmative actions with owners in furtherance of the purpose of this part as expressed in Section 12920. (Amended by Stats. 2012, Ch. 46, Sec. 62. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  91. 12989.1.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    An aggrieved person may sue in court within two years of the relevant housing discrimination event, with certain administrative time excluded; they may also intervene in related cases, but cannot sue over a complaint covered by a consent conciliation agreement except to enforce that agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12989.1. (a) An aggrieved person may commence a civil action in an appropriate court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach. The computation of the two-year period shall not include any time during which an administrative proceeding under this part was pending with respect to a complaint under this part based upon the discriminatory housing practice or breach. (b) An aggrieved person may commence a civil action whether or not a complaint has been filed under this part and without regard to the status of any complaint. Any aggrieved person who is aggrieved with respect to the issues to be determined in a civil action filed under this part, may intervene in that civil action. However, if the department has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this part by the aggrieved person with respect to the alleged discriminatory housing practice that forms the basis for the complaint, except for the purpose of enforcing the terms of the agreement. (Amended by Stats. 2021, Ch. 278, Sec. 9. (SB 807) Effective January 1, 2022.)
  92. 12989.2.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    In certain housing-discrimination civil actions, the court may award damages and other relief, including injunctions, and may also award fees and costs in its discretion.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12989.2. In a civil action brought under Section 12981 or 12989.1, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award the plaintiff actual and punitive damages and may grant other relief, including the issuance of a temporary or permanent injunction, or temporary restraining order, or other order, as it deems appropriate to prevent any defendant from engaging in or continuing to engage in an unlawful practice. In a civil action brought under this section, the court may, at its discretion, award the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, against any party other than the state. If the court finds that the defendant has engaged in an unlawful practice under this part and is liable for actual or punitive damages any amount due to the defendant by a state agency may be offset to satisfy the court’s final order or decision. (Amended by Stats. 2012, Ch. 46, Sec. 65. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  93. 12989.3.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    This section lets or requires the Attorney General to bring civil actions in housing-discrimination matters and lets the court award relief, penalties, and 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 7. Enforcement and Hearing Procedures [12960 - 12989.3] ( Chapter 7 added by Stats. 1980, Ch. 992. ) ## ARTICLE 2. Housing Discrimination [12980 - 12989.3] ( Article 2 added by Stats. 1980, Ch. 992. ) ## 12989.3. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of denying to others the full enjoyment of any of the rights granted by this article, or that any group of persons has been denied any of the rights granted by this article and that denial raises an issue of general public importance, the Attorney General shall commence a civil action in any court. (b) Upon referral from the department, the Attorney General may commence a civil action in any appropriate court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the department under subdivision (b) of Section 12981. (c) A civil action under this section may be commenced not later than the expiration of 18 months after the date of the occurrence or termination of the alleged discriminatory housing practice. (d) The Attorney General shall commence a civil action in any appropriate court for appropriate relief with respect to breach of a conciliation agreement referred to the Attorney General by the department. A civil action shall be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach. (e) The Attorney General, on behalf of the department or other party at whose request a subpoena is issued, under this article, shall enforce that subpoena in appropriate proceedings in the court for the judicial district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (f) In a civil action under this section, the court may award any of the following: (1) Preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this title as is necessary to assure the full enjoyment of the rights granted by this title. (2) Other relief as the court deems appropriate, including monetary damages to persons aggrieved. (3) A civil penalty in an amount not exceeding fifty thousand dollars ($50,000), for a first violation, and in an amount not exceeding one hundred thousand dollars ($100,000), for any subsequent violation. (g) In a civil action under this section, the court, in its discretion, may allow the prevailing party, reasonable attorney’s fees and costs, including expert witness fees, against any party other than the state. (h) Upon timely application, any person may intervene in a civil action commenced by the Attorney General under this section that involves an alleged discriminatory housing practice with respect to which that person is an aggrieved person or a conciliation agreement to which that person is a party. The court may grant appropriate relief to any intervening party as is authorized to be granted to a plaintiff in a civil action under Section 12989.2. (Amended by Stats. 2003, Ch. 159, Sec. 7. Effective August 2, 2003.)
  94. 12990.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 8. Nondiscrimination and Compliance Employment Programs [12990- 12990.] ( Chapter 8 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    State contractors and employers seeking state contracts must follow this section’s nondiscrimination requirements, and the department may require compliance programs and reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 8. Nondiscrimination and Compliance Employment Programs [12990- 12990.] ( Chapter 8 added by Stats. 1980, Ch. 992. ) ## 12990. (a) Any employer who is, or wishes to become, a contractor with the state for public works or for goods or services is subject to the provisions of this part relating to discrimination in employment and to the nondiscrimination requirements of this section and any rules and regulations that implement it. (b) Prior to becoming a contractor or subcontractor with the state, an employer may be required to submit a nondiscrimination program to the department for approval and certification and may be required to submit periodic reports of its compliance with that program. (c) Every state contract and subcontract for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in this part by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations under that clause to labor organizations with which they have a collective bargaining or other agreement. These contractual provisions shall be fully and effectively enforced. This subdivision does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. (d) The department shall periodically develop rules and regulations for the application and implementation of this section, and submit them to the council for consideration and adoption in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1. Those rules and regulations shall describe and include, but not be limited to, all of the following: (1) Procedures for the investigation, approval, certification, decertification, monitoring, and enforcement of nondiscrimination programs. (2) The size of contracts or subcontracts below which any particular provision of this section shall not apply. (3) The circumstances, if any, under which a contractor or subcontractor is not subject to this section. (4) Criteria for determining the appropriate plant, region, division, or other unit of a contractor’s or subcontractor’s operation for which a nondiscrimination program is required. (5) Procedures for coordinating the nondiscrimination requirements of this section and its implementing rules and regulations with the California Plan for Equal Opportunity in Apprenticeship, with the provisions and implementing regulations of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, and with comparable federal laws and regulations concerning nondiscrimination, equal employment opportunity, and affirmative action by those who contract with the United States. (6) The basic principles and standards to guide the department in administering and implementing this section. (e) Where a contractor or subcontractor is required to prepare an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency, that program may be filed with the department, instead of any nondiscrimination program regularly required by this section or its implementing rules and regulations. Such a program shall constitute a prima facie demonstration of compliance with this section. Where the department or a federal compliance agency has required the preparation of an affirmative action, equal employment, or nondiscrimination program subject to review and approval by the department or a federal compliance agency, evidence of such a program shall also constitute prima facie compliance with an ordinance or regulation of any city, city and county, or county that requires an employer to submit such a program to a local awarding agency for its approval prior to becoming a contractor or subcontractor with that agency. (f) Where the department determines and certifies that the provisions of this section or its implementing rules and regulations are violated or determines a contractor or subcontractor is engaging in practices made unlawful under this part, the department may recommend appropriate sanctions to the awarding agency. Any such recommendation shall take into account the severity of the violation or violations and any other penalties, sanctions, or remedies previously imposed. (Amended by Stats. 2012, Ch. 46, Sec. 66. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
  95. 12993.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    This section says the part should be read broadly, preserves other discrimination laws unless they provide less protection, and sets conditions for local enforcement and related procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. ) ## 12993. (a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part. (b) The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices. (c) (1) It is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state. (2) Notwithstanding paragraph (1), this part does not limit or restrict the application of Section 51 of the Civil Code. (3) (A) Notwithstanding paragraph (1), this part does not limit or restrict efforts by any city, city and county, county, or other political subdivision of the state to enforce local law prohibiting discrimination in employment against any of the enumerated classes of persons covered under this part, provided that the enforcement meets all of the following requirements: (i) The local enforcement concerns an employment complaint filed with the department. (ii) The local enforcement occurs after the department has issued a right-to-sue notice under Section 12965. (iii) The local enforcement commences before the expiration of the time to file a civil action specified in the right-to-sue notice described in clause (ii). (iv) The local enforcement is pursuant to a local law that is at least as protective as this part. (B) The time to file a civil action specified in the right-to-sue notice described in clause (ii) of subparagraph (A) shall be tolled during a local enforcement pursuant to this paragraph. (C) (i) Pursuant to subdivision (e) of Section 12930, the department shall promulgate regulations governing local enforcement pursuant to this paragraph. (ii) Any local enforcement pursuant to this paragraph shall comply with the regulations promulgated pursuant to this subparagraph within one year of the effective date of those regulations. (iii) Prior to the effective date of the regulations as described in clause (ii), any local enforcement pursuant to this paragraph shall use procedures that are substantially similar to those described in Article 1 (commencing with Section 12960) of Chapter 7. (D) This paragraph does not prohibit a complainant from filing a timely civil action following receipt of a right-to-sue notice from the department. (Amended by Stats. 2024, Ch. 626, Sec. 1. (SB 1340) Effective January 1, 2025.)
  96. 12993.5.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    This section says it must not be read to limit or restrict Civil Code Section 51.7.

    ## 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. ) ## 12993.5. Notwithstanding Section 12993, nothing contained in this part shall be construed, in any manner or way, to limit or restrict the application of Section 51.7 of the Civil Code. (Added by Stats. 1992, Ch. 911, Sec. 8. Effective January 1, 1993.)
  97. 12995.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    This section limits how the housing discrimination part is read: it preserves certain good-faith property interests, allows some sex- or family-status-based student housing arrangements, permits selection based on other factors, and does not stop nondiscriminatory public nuisance enforcement if there is no conflict.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. ) ## 12995. (a) Nothing contained in this part relating to discrimination in housing shall be construed to: (1) Affect the title or other interest of a person who, prior to the granting of relief, purchases, leases, or takes an encumbrance on a housing accommodation in good faith and without either knowledge or actual notice of the filing of a complaint with the department or of a civil action. (2) Prohibit any postsecondary educational institution, whether private or public, from providing housing accommodations reserved for either male or female students so long as no individual person is denied equal access to housing accommodations, or from providing separate housing accommodations reserved primarily for married students or for students with minor dependents who reside with them. (3) Prohibit selection based upon factors other than race, color, religion, sex, marital status, national origin, ancestry, familial status, disability, or other basis prohibited by the Unruh Civil Rights Act. (4) Promote housing accommodations on a preferential or quota basis. (b) Nothing contained in this part relating to discrimination in housing shall affect the nondiscriminatory enforcement of state and local public nuisance laws, provided that those laws do not otherwise conflict with the provisions of this part. (Amended by Stats. 1993, Ch. 1277, Sec. 16. Effective January 1, 1994.)
  98. 12996.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 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 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. )

    Verify source ↗

    If part of this section is ruled invalid by a court, the rest of the section 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 2.8. CIVIL RIGHTS DEPARTMENT [12900 - 12999] ( Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29. ) ## CHAPTER 9. Miscellaneous [12993 - 12996] ( Chapter 9 added by Stats. 1980, Ch. 992. ) ## 12996. If any clause, sentence, paragraph, or part of this part relating to discrimination in employment or the application thereof to any person or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this part and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. (Added by Stats. 1980, Ch. 992.)
  99. 13.

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

    Verify source ↗

    This provision says singular words include the plural, and plural words include the singular.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 13. The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1943, Ch. 134.)
  100. 1300.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the law does not prescribe how an officer is appointed, the Governor must appoint that officer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1300. Every officer, the mode of whose appointment is not prescribed by law, shall be appointed by the Governor. (Enacted by Stats. 1943, Ch. 134.)
  101. 13000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The State Government has a Department of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13000. There is in the State Government a Department of Finance. (Added by Stats. 1945, Ch. 112.)
  102. 13001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Department of Finance is controlled by the Director of Finance, and the terms “director” and “department” are defined for this 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13001. The department is under the control of an executive officer known as Director of Finance. As used in this part, “director” and “department” refer to the Director and Department of Finance, respectively, unless the context otherwise requires. (Added by Stats. 1945, Ch. 112.)
  103. 13002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The director is appointed by the Governor and serves at the Governor’s pleasure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13002. The director is appointed by and holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1951, Ch. 1613.)
  104. 13004.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department’s director must carry out the duties, powers, jurisdiction, responsibilities, and purposes given by law, unless this code expressly provides 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13004. The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise expressly provided by this code. (Added by Stats. 1945, Ch. 112.)
  105. 13005.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The director must organize the department with the Governor’s approval and may also arrange, classify, create, change, or abolish divisions and subdivisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13005. For the purpose of administration, the director shall organize the department with the approval of the Governor, in the manner that he deems necessary properly to segregate and conduct the work of the department. The director may arrange and classify the work of the department and with the approval of the Governor may create such divisions and subdivisions as may be necessary, and change or abolish them from time to time. (Added by Stats. 1945, Ch. 112.)
  106. 13008.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Director of Finance may hire accountants or assistants, assign their duties, and set their salaries. Each appointee must be a civil executive officer and must file an official bond before starting work, for at least $5,000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13008. For the purpose of administering Article 1 (commencing with Section 13290) of Chapter 3, the Director of Finance may appoint and prescribe the duties and fix the salaries of such number of skillful accountants or assistants as he or she deems necessary. Each appointee is a civil executive officer. Before entering upon the discharge of the duties of his or her office, each appointee shall execute to the state an official bond conditioned upon the faithful performance of his or her duties in the penal sum which the director prescribes, but not less than five thousand dollars ($5,000). (Amended by Stats. 1984, Ch. 144, Sec. 113.)
  107. 1301.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If an office’s term is not fixed by law, it is held at the pleasure of the appointing power.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1301. Every office, the term of which is not fixed by law, is held at the pleasure of the appointing power. (Enacted by Stats. 1943, Ch. 134.)
  108. 13012.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    If a statute requires the Department of Finance or its director to approve or authorize something, that approval counts only when it is given in writing by the director, the director’s deputy, or another authorized Department of Finance officer or employee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. Administration [13000 - 13012] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13012. Whenever any statute, heretofore or hereafter enacted, requires by the use of the word or words “approve,” “approval,” “authorize,” or “authorization,” the director or the department to approve or authorize any act or transaction, such approval or authorization shall hereafter be deemed to have been given only if given in writing by the director, his deputy, or by some other officer or employee of the Department of Finance acting pursuant to written authority of the director. (Added by Stats. 1959, Ch. 988.)
  109. 1302.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An officer whose term has ended must keep doing the duties of the office until a successor qualifies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1302. Every officer whose term has expired shall continue to discharge the duties of his office until his successor has qualified. (Enacted by Stats. 1943, Ch. 134.)
  110. 1303.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    A person who performs public office functions without taking the oath of office or giving the required bond commits a misdemeanor.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1303. Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor. This section does not affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. (Enacted by Stats. 1943, Ch. 134.)
  111. 13030.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Crimes [13030 - 13031] ( Article 2 added by Stats. 1945, Ch. 112. )

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    A person commits a misdemeanor if they fail to file required reports, do not follow the Department of Finance’s directions for keeping office accounts, or block the Department’s examination of office records or cash.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Crimes [13030 - 13031] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13030. Every person is guilty of a misdemeanor who: (a) Fails or neglects to make, verify and file with the Department of Finance any report required by this part. (b) Fails or neglects to follow the directions of the Department of Finance in keeping the accounts of his office. (c) Refuses to permit the examination of or access to the records, files, books, accounts, papers, documents or cash drawers or cash of his office by a representative of the Department of Finance or in any way interferes with such examination. Conviction of any such misdemeanor is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than 30 days, or both. (Amended by Stats. 1974, Ch. 1221.)
  112. 13031.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Crimes [13030 - 13031] ( Article 2 added by Stats. 1945, Ch. 112. )

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    The department must annually require certain audit-related department heads or designees to provide a signed certification that the budgeting and accounting information reconciles with year-end finance reports. False certifications can trigger perjury 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 1. General [13000 - 13031] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Crimes [13030 - 13031] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13031. The department shall annually require each department head or designee whose duty it is to audit the accounts of a state agency, department, office, bureau, or other state entity to provide a certification, signed under penalty of perjury, to the department that the budgeting and accounting information provided to the department reconciles to the year-end finance reports submitted to the Controller’s office. An individual who willfully makes and subscribes a certification to an account to which he or she knows to be false as to any material matter shall be subject to the penalties prescribed for perjury in the Penal Code. (Added by Stats. 2013, Ch. 281, Sec. 1. (SB 801) Effective January 1, 2014.)
  113. 1304.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    This section lets certain legislative authorities appoint an alternate to serve in a member’s absence, gives the alternate the member’s service rights and powers, but bars the alternate from voting.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1304. (a) The Speaker of the Assembly or the Senate Committee on Rules may appoint a Member of the Legislature or legislative staff to serve as an alternate for a Member of the Legislature appointed to a state board or commission within the Natural Resources Agency in the Member’s absence. (b) An alternate designated pursuant to this section shall exercise all of the rights, privileges, and powers that are available to the Member with respect to serving on the board or commission within the Natural Resources Agency. The alternate designated pursuant to this section may not vote and shall adhere to the same rules of conduct as a voting member and serve at the pleasure of the Speaker of the Assembly or the Senate Committee on Rules. (c) An alternate designated pursuant to this section shall serve on the board or commission within the Natural Resources Agency only during the period for which the Member may serve on the board or commission. (Added by Stats. 2013, Ch. 356, Sec. 5. (SB 96) Effective September 26, 2013.)
  114. 1305.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    The Governor’s office must keep a website list of state boards and commissions, and must publish an annual website report with aggregate demographic information about appointments, while protecting personal information and anonymity.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1305. (a) Commencing January 1, 2027, the office of the Governor shall maintain on its internet website a list of each state board or commission, as well as the board or commission’s membership list, stated purpose, duties, meeting frequency, internet website, and any vacancies in its membership. (b) (1) On or before January 31, 2028, and annually on January 31 thereafter, the office of the Governor shall create and publish on its internet website a report that contains aggregate demographic information, to the extent available, of appointments by the office of the Governor from January 1 to December 31, inclusive, of the previous year. (2) (A) The aggregate demographic information shall be published in a manner that does not disclose any personal information and ensures the anonymity of the appointed individuals. (B) (i) The aggregate demographic information shall include the following disclaimer: “Reporting of demographic information by appointed individuals is not required. Therefore, this information only includes voluntarily reported data and does not accurately reflect the demographics of all appointments.” (ii) Any organization or individual that utilizes or republishes the aggregate demographic information is encouraged to include the disclaimer described in clause (i). (c) For purposes of this section, “demographic information” includes the voluntarily self-reported ethnicity, gender, gender identity, sexual orientation, disability status, county of residence, party affiliation, and military service of the appointed individuals. (Added by Stats. 2025, Ch. 423, Sec. 1. (SB 702) Effective January 1, 2026.)
  115. 1306.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    The Secretary of the Senate and the Chief Clerk of the Assembly must post certain appointment and demographic information on their websites, starting in 2027 and annually after that.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. General [1300 - 1306] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1306. (a) Commencing January 1, 2027, the Secretary of the Senate and the Chief Clerk of the Assembly shall maintain on their respective internet websites, or include a link on their respective internet websites to any available resources that contain, a list of each state board or commission that each house has appointment authority over, as well as the board or commission’s membership list, stated purpose, duties, meeting frequency, internet website, and any vacancies in its membership. (b) (1) On or before January 31, 2028, and annually on January 31 thereafter, the Secretary of the Senate and the Chief Clerk of the Assembly shall publish on their respective internet websites, to the extent available, aggregate demographic information on the respective legislative appointments of each house, made from January 1 to December 31, inclusive, of the previous calendar year. (2) (A) The aggregate demographic information shall only include legislative appointments created by statute, and shall not include ex officio appointments of members of the Senate and the Assembly. (B) The aggregate demographic information shall be published in a manner that does not disclose any personal information and ensures the anonymity of the appointed individuals. (C) (i) The aggregate demographic information shall include the following disclaimer: “Reporting of demographic information by appointed individuals is not required. Therefore, this information only includes voluntarily reported data and does not accurately reflect the demographics of all legislative appointments.” (ii) Any organization or individual that utilizes or republishes the aggregate demographic information is encouraged to include the disclaimer described in clause (i). (c) For purposes of this section, “demographic information” includes the voluntarily self-reported ethnicity, gender, gender identity, sexual orientation, disability status, county of residence, and military service of the appointed individuals. (Added by Stats. 2025, Ch. 423, Sec. 2. (SB 702) Effective January 1, 2026.)
  116. 13070.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The department has general supervision over the State’s financial and business policies and must start or cause investigations and proceedings when it thinks necessary or when the Governor requests 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13070. The department has general powers of supervision over all matters concerning the financial and business policies of the State and whenever it deems it necessary, or at the instance of the Governor, shall institute or cause the institution of such investigations and proceedings as it deems proper to conserve the rights and interests of the State. (Added by Stats. 1945, Ch. 112.)
  117. 13070.5.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The department must help the state comply with the federal Single Audit Act and carry out federal-award reporting tasks.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13070.5. The department shall ensure the state carries out its responsibilities in accordance with the federal Single Audit Act (31 U.S.C. Sec. 7501 et seq.). For that purpose, the department shall do all of the following: (a) Act as the liaison between state agencies, the California State Auditor, and other relevant federal agencies. (b) Establish guidelines and instructions for state agencies pursuant to this section. The adoption, amendment, or repeal of these guidelines, instructions, or other directives consistent with this section, shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (c) Collect financial information related to federal awards received, including schedules of cash and noncash federal assistance and passthrough amounts. (d) Collect nonfinancial information related to federal awards received, including prior audit findings and management representation letters. (e) Review and consolidate the financial and nonfinancial information from state agencies under subdivisions (c) and (d) and prepare the Schedule of Federal Awards and related schedules, to be forwarded to the California State Auditor for inclusion in the Single Audit Report. (f) Upload the completed Single Audit Report to the Federal Clearinghouse on behalf of the state. (Amended by Stats. 2020, Ch. 370, Sec. 141. (SB 1371) Effective January 1, 2021.)
  118. 13071.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Director of Finance must coordinate state agency internal audits, identify when agencies must comply with federally mandated audits, and ensure auditors use the specified internal auditing standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13071. The Director of Finance shall be responsible for coordinating state agency internal audits and identifying when agencies are required to comply with federally mandated audits. The Director of Finance, in coordinating the internal auditors of state agencies, shall ensure that these auditors utilize the “Standards for the Professional Practices of Internal Auditing.” (Amended by Stats. 2012, Ch. 32, Sec. 13. (SB 1006) Effective June 27, 2012.)
  119. 13073.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The section establishes a Demographic Research Unit within the Department of Finance and describes its purposes, including providing demographic data, serving as a central state source, and offering certain services on terms acceptable to the director with reimbursement of state costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13073. Within the Department of Finance, there is the Demographic Research Unit. The purposes of the unit include, but are not limited to, the following: (a) Providing adequate demographic data to aid effective state and local planning and policymaking. (b) Serving all levels of government and the private sector as the centralized state source of demographic data. (c) Assuring equitable classification of cities and counties according to population to provide equitable distribution of funds and tax rate limits. (d) Rendering advisory, investigational, or other similar service of relevance to the establishment of population and its composition to any city, county, district, association of cities, counties, districts or any other political subdivision or the federal government upon such terms and conditions as may be satisfactory to the director, provided that the state shall be reimbursed for all costs incurred in performing services authorized by this subdivision. (Amended by Stats. 2019, Ch. 29, Sec. 92. (SB 82) Effective June 27, 2019.)
  120. 13073.1.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    When the department issues reports about population breakdowns or analyses based on race or ethnicity, it must report Asian-Pacific Islanders as a distinct category and not combine them with any other category.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13073.1. Whenever the department issues reports containing population breakdowns or analyses based on race or ethnicity, it shall report Asian-Pacific Islanders as a distinct category, and not combine Asian-Pacific Islanders into any other category. (Added by Stats. 1994, Ch. 1013, Sec. 1. Effective January 1, 1995.)
  121. 13073.5.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Demographic Research Unit must carry out a wide set of population-data and census-related duties, including research, estimates, projections, coordination, and data sharing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13073.5. The Legislature finds and declares that: (1) population size and distribution patterns in California exert a major influence on the physical, social, and economic structure of the state and on the quality of the environment generally; (2) sound and current data and methods to estimate population trends are necessary to enable state, regional, and local agencies to plan and function properly; and (3) there is a critical need for a proper study of the implications of present and future population trends in order that state, regional, and local agencies might develop or reexamine policies and actions based thereon. The Demographic Research Unit shall: (a) Develop basic demographic data and statistical compilations, which may include a current population survey and a mid-decade census. (b) Design and test methods of research and data collection. (c) Conduct local population estimates as required by law. (d) Validate all official census data and population statistics. (e) Analyze and prepare projections of enrollments in public schools, colleges, and universities. (f) Analyze governmental records to establish characteristics of migration and distribution. (g) Publish annual estimates of the population of the state and its composition. (h) Prepare short- and long-range projections of population and its composition. (i) Provide advisory services to state agencies and other levels of government. (j) Evaluate and recommend data requirements for determining population and population growth. (k) Analyze the demographic features of the causes and consequences of patterns of natural increase or decrease, migration, and population concentration within the state. (l) Assess the need for population data required for determining the allocation of federal, state, and other subvention revenues. (m) Request and obtain from any department, division, commission, or other agency of the state all assistance and information to enable the unit to effectively carry out the provisions of this section. (n) Cooperate with the Office of Planning and Research with respect to functions involving mutual areas of concern relating to demography and state planning. (o) Enter into agreements to carry out the purposes of this section, including the application for and acceptance of federal funds or private foundation grants for demographic studies. (p) Act as primary state government liaison with the Census Bureau, United States Department of Commerce, in the acquisition and distribution of census data and related documentation to state agencies. (q) Administer, with other agencies, a State Census Data Center which will be responsible for acquiring decennial and other census data from the Bureau of the Census, and for providing necessary information to the Legislature and to the executive branch and for seeking to ensure the availability of census information to local governments. The unit and the Office of Planning and Research shall be responsible for designating subcenters of the State Census Data Center as needed. The unit will provide materials to subcenters of the State Census Data Center, will coordinate the efforts of the subcenters to avoid duplication and may consult in the design of standard reports to be offered by the center and its subcenters. (r) Coordinate with the Office of Planning and Research Environmental Data Center for the purposes of ensuring consistency and compatibility of data products, improving public access to data, ensuring the consistent interpretation of data, and avoiding duplication of functions. (s) (1) Determine those census tracts that are to be designated census tracts based on data from the five-year American Community Survey (ACS). The census tracts that are within the highest quartile for both civilian unemployment and poverty statistics, as determined in paragraphs (2) and (3), shall be determined to be designated census tracts as described in paragraph (7) of subdivision (b) of Section 17053.73, and paragraph (7) of subdivision (b) of Section 23626 of the Revenue and Taxation Code. (2) To determine the census tracts that are within the highest quartile of census tracts with the highest civilian unemployment, the census tracts shall be sorted by the respective civilian unemployment rate of each in ascending order, or from the lowest (0 percent) to the highest (100 percent) according to the following: (A) Census tracts without a civilian labor force shall be excluded. (B) After ordering the census tracts by the civilian unemployment rate of each, the census tracts shall be divided into four equal groups or quartiles as follows: (i) The first quartile shall represent the lowest fourth of the census tracts (the lowest 25 percent, inclusive). (ii) The second quartile shall represent the second fourth (tracts greater than 25 percent up to 50 percent, inclusive). (iii) The third quartile shall represent the third fourth (tracts greater than 50 percent up to 75 percent, inclusive). (iv) The fourth quartile shall represent the fourth fourth (tracts greater than 75 percent up to 100 percent, inclusive). (C) The last or highest quartile shall represent the top 25 percent of the census tracts with the highest civilian unemployment rates. (3) To determine the census tracts that are within the quartile of census tracts with the highest poverty, the census tracts shall be sorted by the respective percentage of population below poverty of each in ascending order, or from the lowest (0 percent) to the highest (100 percent) according to the following: (A) Consistent with poverty statistics in the ACS, which adhere to the standards specified by the federal Office of Management and Budget in Statistical Policy Directive 14, the poverty thresholds as specified by the United States Census Bureau shall be used to determine those individuals below poverty. (B) To determine those individuals below poverty, different thresholds, as specified by the United States Census Bureau, shall be applied to families, people living alone, or people living with nonrelatives (unrelated individuals). (C) If a family’s total income is less than the dollar value of the appropriate threshold, then that family and every individual in it shall be considered to be below poverty. (D) If an unrelated individual’s total income is less than the appropriate threshold, then that individual shall be considered to be below poverty. (E) Poverty status shall be determined for all people except institutionalized people, people in military group quarters, people in college dormitories, and unrelated individuals under 15 years of age. (F) Census tracts that do not have a population for whom poverty status is determined shall be excluded. (G) After ordering the census tracts by the respective percent below poverty of each, the census tracts shall be divided into four equal quartiles as follows: (i) The first quartile shall represent the lowest fourth of the census tracts (the lowest 25 percent, inclusive). (ii) The second quartile shall represent the second fourth (tracts greater than 25 percent up to 50 percent, inclusive). (iii) The third quartile shall represent the third fourth (tracts greater than 50 percent up to 75 percent, inclusive). (iv) The fourth quartile shall represent the fourth fourth (tracts greater than 75 percent up to 100 percent, inclusive). (H) The last or highest quartile shall represent the top 25 percent of the census tracts with the highest percentage of population below poverty. (t) (1) Determine those census tracts that are within the lowest quartile of census tracts with the lowest civilian unemployment and poverty based on data from the five-year ACS. The census tracts that are within the lowest quartile for both civilian unemployment and poverty statistics, as determined in paragraphs (2) and (3) of subdivision (s), shall be determined to be census tracts within the lowest quartile of census tracts with the lowest civilian unemployment and poverty, as applied in subparagraph (A) of paragraph (8) of subdivision (b) of Section 17053.73 and Section 23626 of the Revenue and Taxation Code. (2) Based on the quartiles developed pursuant to paragraph (2) of subdivision (s), the first or lowest quartile shall represent the bottom 25 percent of the census tracts with the lowest civilian unemployment rates. (3) Based on the quartiles developed pursuant to paragraph (3) of subdivision (s), the first or lowest quartile shall represent the bottom 25 percent of the census tracts with the lowest percentage of population below poverty. (Amended by Stats. 2019, Ch. 29, Sec. 93. (SB 82) Effective June 27, 2019.)
  122. 13073.6.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Certain Demographic Research Unit data containing personal information is exempt from disclosure under the California Public Records 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13073.6. Notwithstanding subdivision (g) of Section 1798.24 of the Civil Code, data collected, received, or prepared by the Demographic Research Unit for purposes specified in Section 13073.5 that contains personal information, as defined by subdivision (a) of Section 1798.3 of the Civil Code, shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (Amended by Stats. 2021, Ch. 615, Sec. 179. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  123. 13074.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Later revisions of the Department of Finance’s annual provisional county population estimates cannot be used to change state funds for local agencies or amounts owed between local agencies and the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13074. Notwithstanding any other provision of law, any revision, subsequent to the first revision, of the annual provisional county population estimates, made by the Department of Finance, shall not be the basis for a change in the amount of state funds received by local agencies or funds owed or paid by local agencies to the state. (Added by Stats. 1969, Ch. 1013.)
  124. 13074.1.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    If the Department of Finance must make certain cost-of-living or annual-adjustment calculations and needed data is unavailable, it may use a reasonable estimate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13074.1. (a) If the Department of Finance is required by law to make a calculation related to cost of living or annual adjustment factors and necessary data is unavailable, the department may use a reasonable estimate of that data to perform the calculation. (b) A calculation made pursuant to subdivision (a) shall be deemed final for purposes of the law requiring the department to make the calculation. (Added by Stats. 2026, Ch. 26, Sec. 2. (AB 152) Effective June 29, 2026.)
  125. 13075.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Department of Finance may control certain regulation approvals when the Legislature authorizes or requires it in the Budget Act, but its review is limited and must be completed within 15 working 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13075. (a) When authorized or required by the Legislature in the Budget Act, the Department of Finance may exercise control over the adoption of regulations as provided in this section. The Legislature shall not authorize or require the Department of Finance in the Budget Act to review and approve regulations adopted by state agencies except: (1) Regulations adopted by the Department of Social Services which add to the cost of any public assistance programs as these are defined in Section 10061 of the Welfare and Institutions Code. (2) Regulations adopted by a state agency which would have the effect of increasing expenditures from the Health Care Deposit Fund under the Medical Assistance Program. The Department of Finance shall limit its review of a regulation under this section to making a determination as to whether sufficient funds are available to fund the added program expenditures which would be incurred if the regulation were adopted. In making the determination concerning the sufficiency of funds to meet the costs of the regulation, the Director of Finance shall consider the amount of the costs which would be added to the program or the increased expenditures from the Health Care Deposit Fund for the fiscal year during which the costs or expenditures would be incurred, the effect such a change would have on the expenditure limitations established in the Budget Act for that year, and the extent to which the regulation constitutes a deviation from the program requirements, the assumptions, and the estimates which were the basis for establishing the expenditure limitations in the Budget Act. (b) The Department of Finance shall issue written instructions to the state agencies which adopt regulations subject to the provisions of this section. The instructions shall include the data requirements, methods of estimating costs or expenditures, and the narrative explanation which the department requires in order to review regulations which it is authorized or required to review. The instructions shall also include an explanation of the department’s review procedures and the methods the department uses in making decisions concerning the sufficiency of funds to pay for added program costs or increased expenditures. (c) The Department of Finance shall complete the review of any regulation subject to the provisions of this section within 15 working days following its receipt. If the department fails to act within that period of time, the regulation shall be deemed approved by the department. (Added by Stats. 1982, Ch. 649, Sec. 1.)
  126. 13076.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The director must visit, or arrange visits to, public institutions supported wholly or partly by State appropriations from time to time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13076. The director shall visit or cause to be visited from time to time every public institution maintained in whole or in part by State appropriations, to ascertain their condition, and their wants and requirements. (Added by Stats. 1945, Ch. 112.)
  127. 13077.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Department of Finance may audit the books and records of a nonprofit corporation or foundation when it contracts with a state educational institution for services under a state-appropriated institution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13077. Whenever a nonprofit corporation or foundation enters into a contract with a state educational institution, maintained in whole or in part by state appropriation, under the terms of which services are to be performed for the state educational institution, the books and records of such nonprofit corporation or foundation, insofar as they relate to revenues and expenditures applicable to the contract, may be audited by the Department of Finance. (Added by Stats. 1951, Ch. 813.)
  128. 13078.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The director may exempt qualifying transactions of up to $25,000 from approval requirements, and must give written notice of exemptions to the Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13078. The director may exempt from his approval or from approval of the department any transactions involving not more than twenty-five thousand dollars ($25,000) for which such approval is required by statute whenever, in his judgment, such exemption is appropriate and in the best interests of the state. Written notice of exemptions shall be given to the Controller. (Amended by Stats. 1976, Ch. 494.)
  129. 13079.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The director may apply for and accept federal loans for planning and design costs for public works, but only with the Legislature’s consent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13079. With the consent of the Legislature, the director may make application for and accept loans of funds made available by the federal government or a federal department or agency to aid in financing the costs of engineering and architectural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works authorized by the Legislature. Repayment of such loans shall be pursuant to appropriation by the Legislature. (Added by Stats. 1963, Ch. 1862.)
  130. 13080.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    This section appropriates whatever amount is needed each fiscal year to make the required monthly payments for liquidation of the investment, with agreed 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13080. Such amount as may be necessary to pay monthly the amount required for liquidation of the investment, with interest at the rate agreed upon between the parties, in any agreements entered into between the State Department of the California Highway Patrol and the Governor and any other state agency, pursuant to the provisions of Section 14681 of the Government Code, is hereby appropriated each fiscal year from the State Treasury. Of the amount so appropriated, so much thereof as is necessary to liquidate the investment in the building for the State Department of the California Highway Patrol is payable from the Motor Vehicle Fund, and the balance necessary for such liquidation is payable from the General Fund. The money herein appropriated shall be allotted to the State Department of the California Highway Patrol and the Governor by the Director of Finance for support in such amounts as he may determine to be necessary, and shall become available only if the Department of Finance certifies to the State Controller that the amount required monthly to liquidate the investment, with interest at the rate agreed upon, has not been included in the Budget Act for such fiscal year for support of the State Department of the California Highway Patrol for such portion of the building which has been provided for its use, or has not been included in the Budget Act for any fiscal year for such portion of the building which has been provided for the use of the Office of Civil Defense. (Added by Stats. 1965, Ch. 371.)
  131. 13081.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Each fiscal year, an amount needed to make the monthly investment payments and agreed interest is appropriated from the Motor Vehicle Fund, but it is available only after Finance certifies the amount was not already included in the Budget 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13081. Such amount as may be necessary to pay monthly the amount required for liquidation of the investment, with interest at the rate agreed upon between the parties, in any agreements entered into between the State Department of Motor Vehicles or the State Department of California Highway Patrol, and any other state agency, pursuant to the provisions of Sections 14679 and 14682 of the Government Code, is hereby appropriated each fiscal year from the Motor Vehicle Fund in the State Treasury. The money herein appropriated shall be allotted to the State Department of California Highway Patrol or to the State Department of Motor Vehicles by the Director of Finance for support in such amounts as he may determine to be necessary, and shall become available only if the Department of Finance certifies to the State Controller that the amount required monthly to liquidate the investment, with interest at the rate agreed upon, has not been included in the Budget Act for such fiscal year for support of said departments. (Added by Stats. 1965, Ch. 371.)
  132. 13084.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Department of Finance may adjust funding for the Department of Transportation’s capital outlay support program, but the net adjustment must total $0 and be limited to that 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13070 - 13084] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13084. The Department of Finance may increase or decrease funding appropriated to the Department of Transportation’s capital outlay support program using funding made available to the program from both the annual Budget Act and any other appropriation, provided the combined adjustments total zero dollars ($0). Any adjustment made pursuant to this section shall be limited to the capital outlay support program. The Department of Finance shall authorize the adjustments not sooner than 30 days after notification in writing of the necessity therefor to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. (Added by Stats. 2025, Ch. 16, Sec. 1. (SB 128) Effective June 27, 2025.)
  133. 13100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. )

    Verify source ↗

    The state must create and update every year a five-year infrastructure funding plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. ) ## 13100. It is the intent of the Legislature in enacting this article that the state shall establish and annually update a five-year plan for funding infrastructure. The plan shall include input by the Legislature as provided in Section 13104. The plan shall identify state infrastructure needs and set out priorities for funding. The plan need not identify specific infrastructure projects to be funded, but it shall be sufficiently detailed to provide a clear understanding of the type and amount of infrastructure to be funded and the programmatic objectives to be achieved by this funding. The plan is intended to complement the existing state budget process for appropriating funds for infrastructure by providing a comprehensive guideline for the types of projects to be funded through that process. (Repealed and added by Stats. 1999, Ch. 606, Sec. 3. Effective January 1, 2000.)
  134. 13101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. )

    Verify source ↗

    This section defines “infrastructure” 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. ) ## 13101. As used in this article, “infrastructure” means real property, including land and improvements to the land, structures and equipment integral to the operation of structures, easements, rights-of-way and other forms of interest in property, roadways, and water conveyances. (Repealed and added by Stats. 1999, Ch. 606, Sec. 3. Effective January 1, 2000.)
  135. 13102.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. )

    Verify source ↗

    The Governor must submit an annual proposed five-year infrastructure plan to the Legislature with the Governor’s Budget.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. ) ## 13102. In conjunction with the Governor’s Budget submitted pursuant to Section 13337, the Governor shall submit annually a proposed five-year infrastructure plan to the Legislature. This plan shall cover a five-fiscal-year period beginning with the fiscal year that is the same as that covered by the Governor’s Budget with which it is submitted. The infrastructure plan shall contain the following information for the five years that it covers: (a) (1) Identification of new, rehabilitated, modernized, improved, or renovated infrastructure requested by state agencies. (2) Aggregate funding for transportation as identified in the four-year State Transportation Improvement Program Fund Estimate prepared pursuant to Sections 14524 and 14525. (3) Infrastructure needs for Kindergarten through grade 12 public schools necessary to accommodate increased enrollment, class size reduction, and school modernization. (4) The instructional and instructional support facilities needs for the University of California, the California State University, and the California Community Colleges. (5) Construction, operation, and maintenance for facilities of the State Plan of Flood Control, support for infrastructure needs pursuant to Part 9 (commencing with Section 12980) of Division 6 of the Water Code, support for infrastructure needs pursuant to Chapter 2 (commencing with Section 12310) of Part 4.8 of Division 6 of the Water Code, and aggregate funding for the state share of nonfederal capital costs for flood control projects located outside of the Central Valley. (b) The estimated cost of providing the infrastructure identified in subdivision (a). (c) A proposal for funding the infrastructure identified in subdivision (a), that includes all of the following: (1) Criteria and priorities used to identify and select the infrastructure it does propose to fund, including criteria used to identify and select infrastructure that by January 1, 2005, shall be consistent with the state planning priorities specified pursuant to Section 65041.1 for infrastructure requested by state agencies pursuant to paragraph (1) of subdivision (a). (2) Sources of funding, including, but not limited to, General Fund, state special funds, federal funds, general obligation bonds, lease revenue bonds, and installment purchases. (3) An evaluation of the impact of the new state debt on the state’s existing overall debt position if the plan proposes the issuance of new state debt. (4) (A) Recommended specific projects for funding or the recommended type and amount of infrastructure to be funded in order to meet programmatic objectives that shall be identified in the proposal. (B) Any capital outlay or local assistance appropriations intended to fund infrastructure included in the Governor’s Budget shall derive from, and be encompassed by, the funding proposal contained in the plan. (Amended by Stats. 2022, Ch. 195, Sec. 1. (SB 1253) Effective January 1, 2023.)
  136. 13103.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. )

    Verify source ↗

    If a state agency requests infrastructure under Section 13102, it must say how the infrastructure fits state planning priorities by January 1, 2005. The Governor may also order state entities to help prepare the infrastructure plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. ) ## 13103. By January 1, 2005, if a state agency requests infrastructure pursuant to paragraph (1) of subdivision (a) of Section 13102, that agency shall specify how that infrastructure is consistent with the state planning priorities specified pursuant to Section 65041.1. The Governor may also order any entity of state government to assist in preparation of the infrastructure plan. (Amended by Stats. 2002, Ch. 1016, Sec. 2. Effective January 1, 2003.)
  137. 13103.5.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. )

    Verify source ↗

    The department may audit allocations or expenditures made under Article XIX B when it considers that necessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. ) ## 13103.5. The department may perform audits, as it deems necessary, of the allocations or expenditures made in accordance with Article XIX B of the California Constitution. (Amended by Stats. 2012, Ch. 728, Sec. 61. (SB 71) Effective January 1, 2013.)
  138. 13104.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. )

    Verify source ↗

    The Legislature intends that the proposed infrastructure plan be considered together with the Budget Bill.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Infrastructure Plan [13100 - 13104] ( Article 2 repealed and added by Stats. 1999, Ch. 606, Sec. 3. ) ## 13104. It is the intent of the Legislature that the proposed infrastructure plan be considered by the Legislature in conjunction with its consideration of the Budget Bill. (Repealed and added by Stats. 1999, Ch. 606, Sec. 3. Effective January 1, 2000.)
  139. 13105.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. )

    Verify source ↗

    The Legislature must appropriate estimated infrastructure money in the annual budget, and the Controller must move the money from the General Fund to the Infrastructure Stabilization Fund when the department orders it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. ) ## 13105. (a) The amount estimated to be available for infrastructure pursuant to subdivision (e) of Section 20 of Article XVI of the California Constitution shall be appropriated by the Legislature in the annual budget process. Upon the order of the department, the Controller shall transfer the amount from the General Fund to the Infrastructure Stabilization Fund created in Section 13106. (b) In the event the initial estimated amount for a fiscal year as described in subdivision (a) is greater than the final updated amount as determined by subdivisions (b) and (e) of Section 20 of Article XVI of the California Constitution, the excess shall be credited towards the infrastructure amounts in one or more subsequent fiscal years. (c) In the event the initial estimated amount for a fiscal year as described in subdivision (a) is less than the final updated amount as determined by subdivisions (b) and (e) of Section 20 of Article XVI of the California Constitution, upon appropriation by the Legislature and upon the order of the department, the Controller shall transfer the remaining amount from the General Fund to the Infrastructure Stabilization Fund. (d) This section applies to the infrastructure amounts attributable to the 2019–20 to the 2021–22 fiscal year, inclusive, pursuant to subdivision (e) of Section 20 of Article XVI of the California Constitution. Pursuant to subdivision (b) of Section 20 of Article XVI of the California Constitution, the updates of the amount for each relevant fiscal year will be made in the two subsequent fiscal years. (e) Consistent with Section 20 of Article XVI of the California Constitution, the department shall perform the estimates and calculations in this section. (Added by Stats. 2018, Ch. 43, Sec. 3. (AB 1831) Effective June 27, 2018.)
  140. 13106.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. )

    Verify source ↗

    Creates the Infrastructure Stabilization Fund and directs how transfers into it must be received and distributed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. ) ## 13106. (a) The Infrastructure Stabilization Fund is hereby created in the State Treasury for the infrastructure purposes described in subdivision (e) of Section 20 of Article XVI of the California Constitution. (b) This fund shall receive transfers pursuant to Section 13105 or from any other funds upon appropriation by the Legislature. Moneys in this fund shall be continuously appropriated and shall be distributed, upon order of the department, as follows: (1) If the transfer received is less than four hundred fifteen million dollars ($415,000,000), the entire amount shall be transferred to the State Infrastructure and Maintenance Fund established in Section 13107. (2) If the transfer received is equal to or greater than four hundred fifteen million dollars ($415,000,000), four hundred fifteen million dollars ($415,000,000) shall be transferred to the State Infrastructure and Maintenance Fund established in Section 13107. Any amount over four hundred fifteen million dollars ($415,000,000) shall be distributed 50 percent to the Rail Infrastructure Account established in Section 13108 and 50 percent to the Housing Rehabilitation Loan Fund established in Section 50661 of the Health and Safety Code. (Added by Stats. 2018, Ch. 43, Sec. 3. (AB 1831) Effective June 27, 2018.)
  141. 13107.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. )

    Verify source ↗

    Creates the State Infrastructure and Maintenance Fund in the State Treasury and requires it to receive certain transfers for specified funding purposes, subject to legislative appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. ) ## 13107. (a) The State Infrastructure and Maintenance Fund is hereby created in the State Treasury for the purposes of funding state capital outlay, lease payments related to state capital outlay, and deferred maintenance, upon appropriation by the Legislature. (b) This fund shall receive transfers from the Infrastructure Stabilization Fund, pursuant to Section 13106, or from any other funds upon appropriation by the Legislature. (Added by Stats. 2018, Ch. 43, Sec. 3. (AB 1831) Effective June 27, 2018.)
  142. 13108.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. )

    Verify source ↗

    Creates the Rail Infrastructure Account and Rail Modernization Improvement Program, gives the Transportation Agency account administration and allocation roles, and requires annual reporting by project sponsors and the Transportation 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. ) ## 13108. (a) The Rail Infrastructure Account is hereby created in the State Transportation Fund for the purposes of funding projects in the Rail Modernization Improvement Program. Moneys in this fund shall be continuously appropriated to the Transportation Agency for the purposes described in subdivision (b). (1) Transfers from the Infrastructure Stabilization Fund pursuant to Section 13106, or other appropriations by the Legislature, shall be deposited into the account created in subdivision (a). (2) The Transportation Agency shall be the account administrator. (3) Revenue in the account is available for allocation and expenditure by the Secretary of Transportation. (b) The Rail Modernization Improvement Program is hereby created to fund rail infrastructure projects. (1) Eligible projects shall benefit high-priority rail corridors as follows: (A) Rail corridor investments that are shared use corridors. (B) Rail corridor investments statewide to benefit freight if those investments also provide passenger rail benefits in the corridors specified in subparagraph (A). (C) Rail station planning investments for shared use station areas to maximize connectivity between state-run or state-administered passenger rail services and locally or regionally operated services. (2) Funds appropriated for the purposes of this program may be allocated by the Transportation Agency to a state department or a local agency acting as a project sponsor overseeing or administering an eligible project. (3) Any project sponsor receiving funding pursuant to this program shall report to the Transportation Agency annually on or before September 1 of each year regarding the status and progress of the project, expenditures to date, anticipated benefit to the state, and upon completion, realized benefit to the state. (4) The Transportation Agency shall report to the Legislature by November 1 of each year regarding the projects funded, and for each project the anticipated benefit to the state, the planned cashflow schedule, and a summary of the information reported by project sponsors. This report shall be submitted pursuant to Section 9795. (Added by Stats. 2018, Ch. 43, Sec. 3. (AB 1831) Effective June 27, 2018.)
  143. 13109.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. )

    Verify source ↗

    The Controller may use certain infrastructure-related funds to make cashflow loans to the General Fund, despite any other 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.1. Infrastructure Funding [13105 - 13109] ( Article 2.1 added by Stats. 2018, Ch. 43, Sec. 3. ) ## 13109. Notwithstanding any other law, the Controller may use the funds in the Infrastructure Stabilization Fund, the State Infrastructure and Maintenance Fund, and the Rail Infrastructure Account for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (Amended by Stats. 2019, Ch. 497, Sec. 139. (AB 991) Effective January 1, 2020.)
  144. 13140.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. )

    Verify source ↗

    This section defines several terms used in the refunds article, including “permit,” “fee,” “excess payment to a revolving fund,” and “erroneous or excessive payment.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. ) ## 13140. As used in this article: (a) “Permit” includes application, license, certificate, or authorization. (b) “Fee” includes any monetary exaction imposed or collected for or as a condition precedent to the issuing, making, taking or securing of any permit, filing, examination, or inspection. (c) “Excess payment to a revolving fund” means overpayment received by a state agency in connection with a revolving fund in the State Treasury maintained by such an agency for the purpose of assisting persons under the jurisdiction or care of the agency, or providing for the welfare of such persons. (d) “Erroneous or excessive payment” means any moneys received by a state agency in error or the portion of any payment received that is in excess of the amount due. (Amended by Stats. 1983, Ch. 323, Sec. 42.2. Effective July 1, 1983.)
  145. 13141.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. )

    Verify source ↗

    This article does not change payments that Article 2 requires to be made into or from the Special Deposit Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. ) ## 13141. This article does not affect payments required by Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4 to be made into or from the “Special Deposit Fund.” (Amended by Stats. 1984, Ch. 144, Sec. 114.)
  146. 13142.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. )

    Verify source ↗

    This section says the article does not allow a fee refund in specified situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. ) ## 13142. This article does not authorize the refund of any fee when: (a) The payor, either before or after the issuance of a permit, has exercised or enjoyed, or has not been prevented by law from exercising or enjoying, the rights and privileges conferred thereby. (b) The payor has been granted permission to take an examination. (c) The State agency has made an examination, inspection or filing. (Repealed and added by Stats. 1945, Ch. 1204.)
  147. 13143.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. )

    Verify source ↗

    A state agency that collected a fee or payment may refund amounts received because of error, if the underlying law does not already authorize such refunds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. ) ## 13143. Whenever any law which provides for fees or payments to a state agency does not authorize, as provided in this article, the refund of erroneous or excessive payments thereof, refunds may be made by the state agency which collected the fee or payment of any or all amounts received by the state agency in consequence of error, either of fact or of law, as to: (a) The proper amount of such fee or payment. (b) The necessity of making such payment or making or securing a permit, filing, examination, or inspection. (c) The sufficiency of the credentials of the applicant. (d) The eligibility of an applicant for any other reason. (Amended by Stats. 1983, Ch. 323, Sec. 42.4. Effective July 1, 1983.)
  148. 13144.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. )

    Verify source ↗

    State agencies may refund certain fees or excess payments, and refunds over $10,000 from money already deposited in the State Treasury need prior approval from the Department of Finance and the Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 2. Powers and Duties, Generally [13070 - 13144] ( Chapter 2 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Refunds [13140 - 13144] ( Article 3 repealed and added by Stats. 1945, Ch. 1204. ) ## 13144. Any fee or payment subject to refund under this article, and any excess payment to a revolving fund as defined in Section 13140, may be refunded by the state agency collecting the fee or erroneous or excess payment (a) before deposit in the State Treasury from any unremitted balance of receipts of the same nature in the state agency’s checking account or (b) if deposited in the State Treasury, from any appropriation made for the refund or from any unremitted balance of receipts of the same nature in the state agency’s checking account. If there is an insufficient balance of unremitted receipts of the same nature in the state agency’s checking account, there is hereby appropriated from the fund to which the payment was credited, a sufficient amount to make the refunds. Individual refunds under this article which exceed ten thousand dollars ($10,000), to be made from fees or payments deposited in the State Treasury, shall require prior approval of the Department of Finance and the Controller. Claims for refunds made under (b) of this section shall be charged to the account to which the original entry was made when the funds were deposited in the State Treasury. Whenever any fee or payment subject to refund under (b) of this section has been paid into the State Treasury to the credit of two or more funds, the agency may file a single claim against one of the funds with the Controller, covering the total amount to be refunded from each of the funds credited. The claim shall be supported by such detail as the Controller may require. At least quarterly the agency shall certify to the Controller the amounts so paid from one fund which are properly chargeable to other funds and upon order of the Controller the amounts so required shall be transferred from those funds to the credit of the appropriate funds. (Amended by Stats. 1988, Ch. 861, Sec. 2.)
  149. 1320.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Governor’s nominations to the Senate must be in writing and must state the nominee’s residence and the office being nominated for.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1320. Nominations made by the Governor to the Senate shall be in writing, designating the residence of the nominee and the office for which he is nominated. (Enacted by Stats. 1943, Ch. 134.)
  150. 1321.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When the Senate concurs in a nomination, its secretary must immediately send certified copies of the concurrence resolution to the Secretary of State and the Governor.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1321. Whenever the Senate concurs in a nomination, its secretary shall immediately deliver a copy of the resolution of concurrence, certified by the president and secretary, to the Secretary of State, and another copy, certified by the secretary, to the Governor. (Enacted by Stats. 1943, Ch. 134.)
  151. 1322.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Governor appointments of the listed officers, boards, and commissions must be confirmed by the Senate.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1322. In addition to any other statutory provisions requiring confirmation by the Senate of officers appointed by the Governor, the appointments by the Governor of the following officers and the appointments by the Governor to the listed boards and commissions are subject to confirmation by the Senate: (a) California Horse Racing Board. (b) Court Reporters Board of California. (c) Chief, Division of Occupational Safety and Health. (d) Chief, Division of Labor Standards Enforcement. (e) Commissioner of Financial Protection and Innovation. (f) Contractors State License Board. (g) Director of Fish and Game. (h) Director of Health Care Services. (i) Chief Deputy, State Department of Health Care Services. (j) Real Estate Commissioner. (k) State Athletic Commissioner. (l) State Board of Barbering and Cosmetology Examiners. (m) State Librarian. (n) Director of Social Services. (o) Chief Deputy, State Department of Social Services. (p) Director of State Hospitals. (q) Chief Deputy, State Department of State Hospitals. (r) Director of Developmental Services. (s) Chief Deputy, State Department of Developmental Services. (t) Director of Alcohol and Drug Abuse. (u) Director of Rehabilitation. (v) Chief Deputy, Department of Rehabilitation. (w) Director of the Office of Statewide Health Planning and Development. (x) Deputy Secretary, California Health and Human Services Agency. (y) Director, Department of Managed Health Care. (z) State Public Health Officer, State Department of Public Health. (aa) Chief Deputy, State Department of Public Health. (Amended by Stats. 2022, Ch. 452, Sec. 167. (SB 1498) Effective January 1, 2023.)
  152. 1323.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Some Governor appointments need Senate confirmation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Nominations by Governor [1320 - 1323] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1323. In addition to any other statutory provisions requiring confirmation by the Senate of officers appointed by the Governor, including Section 1322, the appointment by the Governor of any officer, or any member of a board or commission, whose salary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of this code is subject to confirmation by the Senate. This section shall not apply to any officer, or any member of a board or commission, whose manner of appointment is provided for in the Constitution. (Added by Stats. 1964, 1st Ex. Sess., Ch. 145.)
  153. 13290.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The fiscal year starts on July 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13290. The fiscal year shall commence on the first day of July. (Added by Stats. 1970, Ch. 789.)
  154. 13291.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department may require certain state agencies to file verified financial and statistical reports for each 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13291. The department may require financial and statistical reports, duly verified and covering the period of each fiscal year, from all agencies of the state included within the provisions of Section 13300. Such reports shall be made upon blank forms prescribed and furnished by the department, and mailed to each such agency not less than 60 days before the time the reports are required to be filed with the department. (Amended by Stats. 1974, Ch. 1221.)
  155. 13292.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    When necessary, the department may require special reports from a State or public agency, and those reports must be filed without delay.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13292. When necessary, the department may require special reports from any such State or public agency. These special reports shall be filed with the department without delay. (Added by Stats. 1945, Ch. 112.)
  156. 13293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department may inspect and copy certain records and financial materials of state agencies handling public money, and may also enter public offices or institutions to do so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13293. The department shall have access and authority to examine all records, files, documents, accounts, reports, correspondence, and all financial affairs of every agency of the state permitted or charged by law with the handling of public money or its equivalent. It may enter any public office or institution in this state and access, examine, and reproduce any records, files, books, papers, accounts, reports, correspondence, or documents contained therein or belonging thereto for the purpose of making such examination, and shall have access, in the presence of the custodian or his deputy, to the cash drawers and cash in the custody of such agency. During business hours the department may examine the public accounts in any depository which has public funds in its custody. (Amended by Stats. 2018, Ch. 37, Sec. 19. (AB 1817) Effective June 27, 2018.)
  157. 13293.1.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department may keep certain audit-related records confidential in some cases, and employees or assisting entities may not publicly disclose ongoing audit materials without the department’s express permission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13293.1. (a) No law providing for the confidentiality of any records or property shall prevent disclosure of information or documents obtained in connection with any audit, evaluation, investigation, or review conducted by the department unless the provision specifically refers to and precludes access, examination, and reproduction pursuant to Section 13293. Information or documents obtained in connection with any audit, evaluation, investigation, or review conducted by the department are subject to any limitations on release of the information or documents as may apply to an employee or officer of the state or local governmental agency or publicly created entity that provided the information or documents to the department. Providing confidential information to the department pursuant to this section, including, but not limited to, confidential information that is subject to a privilege, shall not constitute a waiver of that privilege. (b) For purposes of this section, “confidentiality of records or property” means that the record or property may lawfully be kept confidential as a result of a statutory or common law privilege or any other provision of law. (c) Any information or documents obtained in connection with an audit, evaluation, investigation, or review conducted by the department may be kept confidential and disclosure of the information or documents shall not be required under the California Public Records Act if the department determines that nondisclosure would protect a person from potential retaliation or fear of retaliation for participating in the audit, evaluation, investigation, or review. (d) An employee of a state agency, local agency, or publicly created entity, including the entity subject to the audit, shall not publicly disclose papers, correspondence, memoranda, draft audit findings, or information related to those audit findings, or any other content pertaining to any ongoing audit, evaluation, investigation, or review without the department’s express permission. This limitation on disclosure regarding an ongoing audit also applies to the department and any entity who assists the department with an audit, evaluation, investigation, or review. (Added by Stats. 2018, Ch. 37, Sec. 20. (AB 1817) Effective June 27, 2018.)
  158. 13293.3.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department, or its designee, may issue subpoenas in connection with audits, evaluations, investigations, or reviews.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13293.3. (a) In connection with any audit, evaluation, investigation, or review conducted by the department, the department or a department designee may issue subpoenas for the attendance of witnesses and the production of records, files, documents, accounts, reports, or correspondence, or for making of oral or written sworn statements, in any interview conducted as part of an audit, evaluation, investigation, or review. (b) A subpoena issued under this section extends as process to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the department. The person serving this process may receive compensation as allowed by the department, not to exceed the fees prescribed by law for similar service. (c) Notwithstanding Section 7470, 7474, or 7491, subpoenas issued under this section for financial records of financial institutions concerning customers of financial institutions or for information contained in those records shall not be subject to the requirement or conditions of Section 7474. (Added by Stats. 2018, Ch. 37, Sec. 21. (AB 1817) Effective June 27, 2018.)
  159. 13293.5.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    A person commits a misdemeanor if they interfere with the department’s examination, audit, investigation, or review, alter records, or disclose or fail to safeguard confidential draft documents without permission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13293.5. It is a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, if a person does any of the following: (a) Fail or refuse to permit the examination of, access to, or reproduction of the records, files, documents, accounts, reports, correspondence, cash drawers, or cash of the person’s office by the department or in any way interferes with such examination conducted pursuant to this article. (b) Interfere, intend to deceive or defraud, or obstruct the department in its performance of an audit, evaluation, investigation, or review pursuant to this article. (c) Manipulate, correct, alter, or change records, documents, accounts, reports, or correspondence prior to or during any audit, evaluation, investigation, or review conducted pursuant to this article. (d) Distribute, reproduce, release, or fail to safeguard confidential draft documents exchanged between the department and the entity subject to the audit, evaluation, investigation, or review conducted pursuant to this article prior to the release of the department’s final report and without the department’s express permission. (Amended by Stats. 2020, Ch. 370, Sec. 142. (SB 1371) Effective January 1, 2021.)
  160. 13294.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Department of Finance must examine the books of state agencies as often as the director considers necessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13294. The Department of Finance shall examine the books of the several state agencies as often as the director deems necessary, taking into consideration the work done by other auditors, including the internal auditors of the various state agencies, so that duplication of auditing effort may be minimized. (Amended by Stats. 1965, Ch. 1090.)
  161. 13295.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Every State agency must allow examination and experting, produce office books/contracts/papers on demand without unnecessary delay, and provide information related to 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13295. Every State agency shall permit such examination and experting and upon demand shall produce without unnecessary delay all books, contracts, and papers in its offices, and furnish information touching books, papers, contracts, and other matters pertaining to the agency. (Added by Stats. 1945, Ch. 112.)
  162. 13295.5.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department may provide services or work to other state agencies, and it must give estimates, charge enough to recover costs, and certify the actual charges before payment is transferred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13295.5. (a) Notwithstanding Section 11256, or any other law, the department may furnish services to, or provide work for, any other state agency, as requested by the state agency, the Governor, or the Legislature, or as otherwise needed or directed. (b) Prior to the commencement of any service or work, the department shall provide to the relevant state agency estimates of charges and the scope of work to be performed or services to be furnished. (c) The department shall charge an amount sufficient to recover the costs of furnishing services or the work performed. The department shall certify to both the Controller and the relevant state agency the actual charges that are due and payable for services furnished or the work performed. (d) Pursuant to Section 11255, the Controller shall transfer to the department the amount of the charges for services rendered or the work performed from the agencies’ appropriation to the appropriation for the support of the department. The amounts are to be transferred to the Department of Finance reimbursement account within the General Fund. (Added by Stats. 2013, Ch. 28, Sec. 12. (SB 71) Effective June 27, 2013.)
  163. 13296.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The director must send the Controller a certified copy of each periodical audit of a state agency’s accounts. If the audit reviews federal funds, the director must also report the audit results at the same time to the Legislature and the affected 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13296. The director shall supply to the Controller a certified copy of each periodical audit of the accounts of any state agency. Additionally, if the audit includes a review of federal funds, the director shall also report the results of the audit simultaneously to the Legislature and the affected state agency. (Amended by Stats. 1981, Ch. 398, Sec. 5.)
  164. 13297.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The State Auditor must count the money in the Treasury at least twice each year, without giving the Treasurer advance notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13297. The money in the Treasury shall be counted by the State Auditor at least twice each year, without giving the Treasurer any previous notice of the day or hour of counting. At any counting the State Auditor may place any sum in bags or boxes and mark and seal them with a seal adopted and kept by him or her. At any subsequent counting he or she may count each sealed bag or box separately and credit at the value stamped thereon the contents of the bags or boxes as part of the money counted without making a detailed count of the contents. (Amended by Stats. 2003, Ch. 107, Sec. 25. Effective January 1, 2004.)
  165. 13298.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The State Auditor must count certain state money held outside the treasury as cash and decide whether it is sufficient under the 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13298. The State Auditor shall count as cash all evidence of money belonging to the state upon deposit outside the treasury that may be held by the Treasurer in accordance with law and shall determine for himself or herself whether that evidence is sufficient according to law. (Amended by Stats. 2003, Ch. 107, Sec. 26. Effective January 1, 2004.)
  166. 13299.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    After each count of money, the State Auditor must file and publish an affidavit about the treasury’s expected and actual money or credit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13299. After each count of money the State Auditor shall make and file with the Secretary of State and cause to be published in some newspaper in the City of Sacramento, an affidavit showing: (a) The amount of money or credit that should be in the treasury. (b) The amount and kind of money or credit actually in the treasury. (Amended by Stats. 2003, Ch. 107, Sec. 27. Effective January 1, 2004.)
  167. 13299.1.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The State Auditor must count or confirm certain securities at least annually and then issue a report on their accountability after each count or confirmation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13299.1. Securities held in the treasury or other depositories for safekeeping purposes shall be counted or confirmed, at least annually, by the State Auditor. After each count or confirmation of securities, the State Auditor shall issue his or her report on the accountability of securities. (Amended by Stats. 2003, Ch. 107, Sec. 28. Effective January 1, 2004.)
  168. 13300.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The department must create and manage a modern accounting system and related policies for state agencies that handle public money.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13300. (a) The department shall devise, install, supervise, and, at its discretion, revise and modify, a modern and complete accounting system and policies for each agency of the state permitted or charged by law with the handling of public money or its equivalent, to the end that all revenues, expenditures, receipts, disbursements, resources, obligations, and property of the state be properly, accurately, and systematically accounted for and that there shall be obtained accurate and comparable records, reports, and statements of all the financial affairs of the state. (b) This system shall permit a comparison of budgeted expenditures, actual expenditures, encumbrances and payables, and estimated revenue to actual revenue that is compatible with a budget coding system developed by the department. In addition, the system shall provide for a federal revenue accounting system with cross-references of federal fund sources to state activities. (c) This system shall include a cost accounting system that accounts for expenditures by line item, governmental unit, and fund source. The system shall also be capable of performing program cost accounting as required. The system and the accounts maintained by all state departments and agencies shall be coordinated with the central accounts maintained by the Controller, and shall provide the Controller with all information necessary to the maintenance by the Controller of a comprehensive system of central accounts for the entire state government. (Amended by Stats. 2016, Ch. 31, Sec. 97. (SB 836) Effective June 27, 2016.)
  169. 13301.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The director may appoint needed accountants or assistants, set their duties and salaries, and each appointee must give the state a bond before starting work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13301. For the purpose of administering Section 13300 of this code the director may appoint and prescribe the duties and fix the salaries of such number of skillful accountants or assistants as he deems necessary. Each such appointee is a civil executive officer. Before entering upon the discharge of the duties of his office each such appointee shall execute to the state an official bond conditioned upon the faithful performance of his duties in such penal sum as the director prescribes, but not less than five thousand dollars ($5,000). (Added by Stats. 1973, Ch. 114.)
  170. 13302.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The accounting system must accrue and report certain expenditures, revenues, receivables, and appropriations for the General Fund and other governmental funds, with special treatment for July 1 payroll payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13302. The accounting system devised as provided in Section 13300 shall provide, with respect to the General Fund and other governmental funds, for all of the following: (a) The accrual of expenditures as of the end of each fiscal year on the basis of payables incurred, excluding accrued interest on general obligation bonded indebtedness. (b) (1) The accrual of revenues at the end of the fiscal year if the underlying transaction has occurred as of the last day of the fiscal year, the amount is measurable, and the actual collection will occur either during the current period or after the end of the current period but in time to pay current yearend liabilities. (2) Cash in agency trust accounts within the centralized State Treasury system that is in transit to the State Treasury, accrued interest receivable, and accounts receivable shall be accrued as of the end of each fiscal year. (c) For the purposes of financial reporting, both of the following shall apply: (1) A payable exists when goods or services have been delivered and the state is required to pay for those goods or services, and an encumbrance exists when a valid obligation against an appropriation has been created. (2) All funds appropriated shall be identified as either expended, payable, encumbered (exclusive of payables), or unencumbered, as further defined by the California Fiscal Advisory Board, and the total of these shall equal the total appropriation. (d) (1) Notwithstanding any other law, and except as provided in paragraph (2), payments to employees made through the uniform state payroll system, as described in Section 12472.5, and with an issue date each year of July 1, shall be considered payables incurred in the fiscal year in which the payment is issue dated. (2) Notwithstanding paragraph (1), for purposes of calculating maintenance of effort expenditures under Section 8 of Article XVI of the California Constitution, or for purposes of calculating funds used by a program during the fiscal year, payments made on July 1 may be counted towards the prior fiscal year. (Amended by Stats. 2024, Ch. 52, Sec. 7. (AB 171) Effective July 2, 2024.)
  171. 13303.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    For accounting and budgeting, certain General Fund accounts and funds set aside by statute for specific purposes must be excluded from General Fund financial statements after July 1, 1978.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13303. Notwithstanding any other provision of law, all accounts, special accounts and funds established by statute in the General Fund to reserve specific revenues for a particular department, activity, purpose, or program for an indefinite period of time shall, for accounting and budgeting purposes, on and after July 1, 1978, be excluded in determining, estimating or reporting revenues and transfers, expenditures, receipts, disbursements, assets, liabilities, surplus, or reserves in any balance sheet, budget, or other statement of the financial operations or condition of the General Fund. (Amended by Stats. 1982, Ch. 1326, Sec. 5.)
  172. 13304.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Department of Finance must send annual and post-project reports on cogeneration-related funding, agreements, savings, and project details to specified legislative committee chairs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13304. (a) Beginning on December 15, 1993, and annually thereafter, the Department of Finance shall submit to the Chairperson of the Joint Legislative Budget Committee and to the chairperson of the committee in each house that considers appropriations a report listing all capital outlay or support funds appropriated by the annual Budget Act or any other act for cogeneration facilities. The report for each project shall include, at a minimum, all of the following information: (1) The economic feasibilities of the alternative cogeneration equipment configuration capable of being installed at the subject facility. (2) An engineering evaluation of proposed and alternative cogeneration equipment configurations. (3) An engineering evaluation of potential energy conservation measures which could be implemented at the subject site and the impact of these measures on the cogeneration system. (4) A proposed plan for implementing conservation measures identified in the engineering evaluation. (5) A financial analysis of potential cost savings or revenue produced by the installation based on completed negotiation with any persons who may participate in the installation through selling fuel for or purchasing thermal or electrical power generated by the cogeneration system. (6) The budgetary impact of the cogeneration proposal with respect to reduced utility requirements, or increased revenue due to sale of electrical or thermal energy, or both. (7) An analysis of the alternative financing mechanisms available to fund the proposed project, and the cost-benefit of each such mechanism, including state capital outlay appropriations, revenue bonds, and loans authorized by Chapter 2.7 (commencing with Section 15814.10) of Part 10b of Division 3 of Title 2 of the Government Code, as added by Chapter 1523 of the Statutes of 1982. (b) Beginning on December 15, 1993, and annually thereafter, the Department of Finance shall submit to the Chairperson of the Joint Legislative Budget Committee and to the chairperson of the committee in each house that considers appropriations, a report for all energy service contracts or third-party agreements for the construction of any alternative energy systems, cogeneration systems, or energy conservation measures made in the previous fiscal year. The report shall list the terms of all agreements, the benefit sharing arrangements, and the potential cost savings to the state. (c) Subdivisions (a) and (b) shall not apply to the allocation of funds appropriated for preparation of preliminary plans. (d) Within one year after completion of any cogeneration project funded under the annual Budget Act or any other act, the Department of Finance shall submit a report that compares energy and cost savings achieved with those savings estimated pursuant to subdivision (a) to the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations. (Amended by Stats. 1992, Ch. 1296, Sec. 10.1. Effective September 30, 1992.)
  173. 13305.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The department must give the Legislature an annual tax expenditure report by November 1 each 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13305. (a) The department shall provide an annual report to the Legislature on tax expenditures by no later than November 1 of each year. The report shall include each of the following: (1) A comprehensive list of tax expenditures exceeding five million dollars ($5,000,000) in annual cost. (2) The statutory authority for each credit, deduction, exclusion, exemption, or any other tax benefit as provided by state law. (3) A description of the legislative intent for each tax expenditure, if the act adding or amending the expenditure contains legislative findings and declarations of that intent, or that legislative intent is otherwise expressed or specified by that act. (4) The sunset date of each credit, deduction, exclusion, exemption, or any other tax benefit as provided by state law, if applicable. (5) A brief description of the beneficiaries of the credit, deduction, exclusion, exemption, or other tax benefit as provided by state law. (6) An estimate or range of estimates for the state and local revenue loss for the current fiscal year and the two subsequent fiscal years. For sales and use tax expenditures, this would include partial year exemptions and all other tax expenditures when the California Department of Tax and Fee Administration or the State Board of Equalization has obtained that information. (7) For personal income tax expenditures and for the most recent tax year for which full year data is available, the number of taxpayers affected and returns filed, categorized by taxpayers’ income levels, as applicable, and the cost to the state resulting from these personal income tax expenditures, categorized by the taxpayers’ income levels, for which data is readily available. (8) For corporation tax and sales and use tax expenditures, the number of returns filed or business entities affected, as applicable, for the most recent tax year for which full year data is available. (9) A listing of any comparable federal tax benefit, if any. (10) A description of any tax expenditure evaluation or compilation of information completed by any state agency since the last report made under this section. (b) For purposes of this section, “tax expenditure” means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state. (c) This section shall become operative on August 1, 2023. (Amended by Stats. 2023, Ch. 55, Sec. 2. (SB 131) Effective July 10, 2023. Operative August 1, 2023, by its own provisions.)
  174. 13306.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Department of Finance may create, abolish, and reestablish certain funds, but some actions need the Controller’s concurrence and notice 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13306. (a) The Department of Finance, with the concurrence of the Controller, may establish additional funds as are necessary to properly manage and account for the financial activities and resources of the state, provided that only the minimum number of funds necessary to comply with legal requirements, “Generally Accepted Accounting Principles,” and effective financial administration shall be established. The department may abolish funds established under the authority of this subdivision. (b) The Department of Finance, with the concurrence of the Controller, may abolish funds established by statute that have been inactive for a period of four years upon notification in writing to the Joint Legislative Budget Committee. Abolition of funds established by statute shall become effective no earlier than 30 days after the date of this notification. If these funds are abolished and subsequently are found to be needed, the department, with the concurrence of the Controller, may reestablish these funds. (c) Because complete conformance to “Generally Accepted Accounting Principles” may be impractical or not authorized, the Department of Finance is authorized to deviate from them if conformance would not be in the best interests of the state, and if the department notifies the Controller of additional major deviations and the Controller agrees with the deviations prior to implementation. (d) The Department of Finance shall notify the Joint Legislative Budget Committee when major changes are proposed to the accounting system to bring it into conformance to “Generally Accepted Accounting Principles.” The notification shall include an estimate of the fiscal effect of the major changes being proposed. (Amended by Stats. 1993, Ch. 63, Sec. 2. Effective January 1, 1994.)
  175. 13307.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    This section says the General Fund’s surplus or deficit is determined by fund balance, defined as total resources minus total expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13307. In determining whether the General Fund budget, in any given fiscal year, is in a surplus or deficit condition, the controlling factor shall be the fund balance which is the difference between total resources and total expenditures. In determining the fund balance, the following principles shall be applied: (a) Encumbrances, which are any valid obligation for the delivery of goods or services, should not be counted as a budgetary expenditure until the delivery of the goods or services. (b) The unencumbered balances of appropriations, which exist when no commitment for an expenditure is made, should be an item of disclosure, but the amount should not be deducted from the fund balance. (c) Changes affecting a budget subsequent to publication of financial statements, such as actions to disencumber funds, should be reflected in budget documents after documentation is provided. (Added by Stats. 1990, Ch. 1238, Sec. 2. Effective September 24, 1990.)
  176. 13308.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Director of Finance must give the Legislature several budget and revenue reports and proposed changes on set dates each year, and may suspend this section for the current fiscal year after written notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13308. (a) (1) At the time of the submission of the Governor’s Budget pursuant to Section 12 of Article IV of the California Constitution, within the first 10 days of each calendar year, or as soon thereafter as feasible, the Director of Finance shall submit to the Legislature total recommended state General Fund expenditures and estimated, including any proposed, state General Fund revenues that shall include the following: (A) The five-year capital infrastructure plan required by Section 13102. (B) An estimate of the total General Fund resources, including any proposed resources, available for the state General Fund expenditures recommended for the budget year and the three fiscal years following the budget year. (C) A projection of anticipated state General Fund expenditures recommended for the budget year and, for the three fiscal years following the budget year, the changes in those expenditure amounts that would likely result from changes in population, caseload, and similar factors. (2) To the extent possible, the total resources and expenditures provided pursuant to subparagraphs (B) and (C) of paragraph (1) shall be accompanied by the projections applicable to the budget year from the previous four enacted Budget Act projections. (3) The information provided pursuant to subparagraphs (B) and (C) of paragraph (1) shall be updated as soon as feasible after both the submission pursuant to subdivision (e) of this section and upon enactment of the Budget Act. (b) The Director of Finance shall provide to the Legislature, on or before February 1 of each year, all proposed statutory changes, as prepared by the Legislative Counsel, that are necessary to implement the Governor’s Budget, as described in subdivision (a) of Section 13337. (c) The Director of Finance shall provide to the Legislature, on or before April 1 of each year, all proposed adjustments to the Governor’s Budget except as specified by subdivisions (d) and (e). (d) The Director of Finance shall provide to the Legislature, on or before May 1 of each year, all proposed adjustments to the Governor’s Budget in appropriations for capital outlay. (e) The Director of Finance shall provide to the Legislature, on or before May 14 of each year, all of the following: (1) An estimate of General Fund revenues for the current fiscal year and for the ensuing fiscal year. (2) Any proposals to reduce expenditures to reflect updated revenue estimates. (3) All proposed adjustments to the Governor’s Budget that are necessary to reflect updated estimates of state funding required pursuant to Section 8 of Article XVI of the California Constitution, or to reflect caseload enrollment or population changes. (f) The Director of Finance may authorize suspension for the current fiscal year of any provision of this section not sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house that considers the State Budget and the Chairperson of the Joint Legislative Budget Committee. (Amended by Stats. 2011, Ch. 737, Sec. 1. (SB 15) Effective January 1, 2012.)
  177. 13308.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    This section defines “workload budget” for Section 13308.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13308.05. For purposes of Section 13308, “workload budget” means the budget year cost of currently authorized services, adjusted for changes in enrollment, caseload, or population, or all of these changes and any of the following: (a) Statutory cost-of-living adjustments. (b) Chaptered legislation. (c) One-time expenditures. (d) The full-year costs of partial-year programs. (e) Costs incurred pursuant to constitutional requirements. (f) Federal mandates. (g) Court-ordered mandates. (h) State employee merit salary adjustments. (i) State agency operating expense and equipment cost adjustments to reflect price increases. (Added by Stats. 1990, Ch. 1209, Sec. 1. Effective September 24, 1990.)
  178. 13309.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Director of Finance must reconcile with the Controller and report certain employee counts to the Joint Legislative Budget Committee by October 1 each 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13309. (a) The Director of Finance shall reconcile with the Controller, and report to the Joint Legislative Budget Committee by October 1 of each year, the number of permanent employees by department appointed as full-time or part-time tenure in blanket positions for more than six consecutive months in the immediately preceding fiscal year. (b) For purposes of this section, “blanket positions” are those positions included in the temporary help category for purposes of the state budget. (Added by Stats. 2006, Ch. 69, Sec. 6. Effective July 12, 2006.)
  179. 13310.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department may assess certain funds to support its fiscal and accounting functions, the director must determine each fund’s total assessment periodically, and the Controller must transfer the authorized money from the funds when ordered by the director, subject to the annual Budget Act limit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13310. (a) It is the intent of the Legislature that the department set statewide fiscal and accounting policies and procedures, and provide adequate fiscal and accounting training, advice, and consulting services to any agency of the state that is authorized or required to handle public money or its equivalent in order to ensure that the state’s assets are protected and that accurate and timely financial information is maintained. (b) To the extent permitted by state law, the department may assess special funds, bond funds, and nongovernmental cost funds in amounts sufficient to support the functions identified in subdivision (a). The director shall determine the amount of the total assessment for each fund periodically. Upon order of the director, the moneys authorized pursuant to this section shall be transferred by the Controller, as needed, from each fund for a total amount not to exceed the amounts authorized in the annual Budget Act. (Added by Stats. 2007, Ch. 179, Sec. 11. Effective August 24, 2007.)
  180. 13311.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Director of Finance may defer certain General Fund payments to the University of California, up to $500 million a year, and the deferred amount must be paid in May or June of the same 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13311. (a) Notwithstanding any other provision of law, in order to achieve effective management of state cash resources, the Director of Finance may defer payment of General Fund moneys, in a cumulative amount not to exceed five hundred million dollars ($500,000,000) annually, appropriated to the University of California in the annual Budget Act. (b) The payment of the amount deferred shall be in May or June, as established by the Director of Finance, of the same fiscal year that the original payment would have been made. (Added by Stats. 2008, Ch. 751, Sec. 32. Effective September 30, 2008.)
  181. 13311.1.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Director of Finance may defer certain state General Fund payments to the University of California and California State University, within stated dollar caps and time periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13311.1. (a) Notwithstanding any other law, including, but not limited to, Section 13311, in order to achieve effective management of state cash resources, the Director of Finance may do both of the following: (1) Defer payments of General Fund moneys owed in July through September of 2009, in an amount not to exceed seven hundred fifty million dollars ($750,000,000), appropriated to the University of California in the 2009 Budget Act. (2) Defer payments of General Fund moneys owed in February 2010, in an amount not to exceed two hundred fifty million dollars ($250,000,000), appropriated to the University of California in the 2009 Budget Act. (b) (1) Of the amount deferred pursuant to paragraph (1) of subdivision (a), the payment of two hundred fifty million dollars ($250,000,000) shall be made in October 2009. The payment of the remaining amount deferred pursuant to paragraph (1) of subdivision (a) shall occur no earlier than April 2010 and at the earlier of (A) the day after all outstanding revenue anticipation notes issued by the state in the 2009–10 fiscal year have been repaid, as determined by the Director of Finance, or (B) June 30, 2010. (2) The payment of the amount deferred pursuant to paragraph (2) of subdivision (a) shall be made no earlier than April 20, 2010, but no later than May 31, 2010. (c) Notwithstanding any other provision of law, in order to achieve effective management of state cash resources, the Director of Finance may do both of the following: (1) Defer payments of General Fund moneys owed in July 2009, in an amount not to exceed two hundred ninety million dollars ($290,000,000) appropriated to the California State University in the 2009 Budget Act. (2) Defer payments of General Fund moneys owed in February 2010, in an amount not to exceed two hundred fifty million dollars ($250,000,000), appropriated to the California State University in the 2009 Budget Act. (3) Defer payments of General Fund moneys owed in March 2010, in an amount not to exceed one hundred fifty million dollars ($150,000,000), appropriated to the California State University in the 2009 Budget Act. (d) (1) The payment of the amount deferred pursuant to paragraph (1) of subdivision (c) shall be made in October 2009. (2) The payment of the amount deferred pursuant to paragraph (2) of subdivision (c) shall be made no earlier than April 20, 2010, but no later than May 31, 2010. (3) The payment of the amount deferred pursuant to paragraph (3) of subdivision (c) shall be made no earlier than May 1, 2010, but no later than May 31, 2010. (Amended by Stats. 2009, Ch. 633, Sec. 3. (SB 65) Effective October 19, 2009.)
  182. 13313.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Director of Finance may defer certain General Fund payments to California State University, up to $250 million per 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 1. General [13290 - 13313] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13313. (a) Notwithstanding any other law, in order to achieve effective cash management of state resources, the Director of Finance may defer payment of General Fund moneys, in a cumulative amount not to exceed two hundred fifty million dollars ($250,000,000) annually, appropriated to the California State University in the annual Budget Act. (b) The payment of the amount deferred shall be in May or June, as established by the Director of Finance, of the same fiscal year that the original payment would have been made. (Added by Stats. 2013, Ch. 50, Sec. 13. (AB 94) Effective July 1, 2013.)
  183. 13320.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Certain state agencies and courts with appropriations must submit a complete budget to the department for approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13320. Every State agency and court for which an appropriation has been made, shall submit to the department for approval, a complete and detailed budget at such time and in such form as may be prescribed by the department, setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. (Added by Stats. 1945, Ch. 112.)
  184. 13321.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Budgets must show appropriation and fund allotments by time period and organization unit; expenditures may be classified by line item; and the department may require a reserve to be set aside.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13321. The budgets shall show the allotments of appropriations or other funds available for the fiscal year by quarter or other period of time and by organization unit. Expenditures may be classified by line item for each program in the detail prescribed by the department. The department may require the head of the state agency or court, in making up the budget allotments, to set aside a reserve for contingencies or other purposes in such amount as the department determines. (Amended by Stats. 1969, Ch. 1325.)
  185. 13322.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Before the budget act is enacted, the department may revise, alter, or amend a fiscal year budget if it believes doing so is in the State’s interest, and it must notify the head of the relevant state agency or court.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13322. Until enactment of the budget act containing the appropriations funding the fiscal year budget, the department may revise, alter, or amend any fiscal year budget, if, in its opinion, revision, alteration or amendment is required in the interest of the State. The department shall notify the head of the State agency or court of any revision, alteration, or amendment of its fiscal year budget. (Amended by Stats. 1983, Ch. 324, Sec. 1.30. Effective July 21, 1983.)
  186. 13323.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The department may authorize transfers between its budget allotments, including reserves, when a State agency or court requests it during the 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13323. Upon request of a State agency or court at any time during the fiscal year, the department may authorize transfers between its budget allotments, including reserves. (Added by Stats. 1945, Ch. 112.)
  187. 13323.5.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

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    The department may increase an agency’s budgeted staffing number if the agency requests it and has employee(s) on disability leave under Labor Code Section 4800.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13323.5. Notwithstanding any limitation contained in any budget subject to this article, the department, upon the request of any agency which has an employee or employees on disability leave under Section 4800 of the Labor Code, may authorize an increase in the budgeted number for the agency, in order to establish the personnel level of the agency at the level provided for in the agency budget plus any employees on disability leave under Section 4800 of the Labor Code. (Added by Stats. 1970, Ch. 993.)
  188. 13324.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    A person who spends more than the approved fiscal year budget allotments may be held personally liable and liable on an official bond for the excess amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13324. Every person who incurs any expenditure in excess of the allotments or other provisions of the fiscal year budget as approved by the department or as subsequently changed by or with the approval of the department, is liable both personally and on his official bond for the amount of the excess expenditures. (Added by Stats. 1945, Ch. 112.)
  189. 13325.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

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    State agencies need Department of General Services approval for certain contracts, leases, transactions, or expenditures when approval is required by law, even if the Department of Finance has already approved 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13325. Approval by the Department of General Services of contracts, leases and other transactions or expenditures of state agencies, where such approval is required by law, shall be necessary regardless of the fact that the Department of Finance may have approved a budget, under this article or any other law, providing funds for such lease, contract or other transaction or expenditure. (Amended by Stats. 1963, Ch. 1786.)
  190. 13326.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. )

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    State agencies must first send certain federal funding requests or budgets to the department before submitting them to federal authorities, except for highway-related requests. The department may then approve, disapprove, modify, or amend 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2. Fiscal Year Budgets [13320 - 13326] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13326. Every state agency, when making requests or preparing budgets to be submitted to the Federal Government for funds, equipment, material or services, other than for highway purposes, shall, upon completion of such request or budget, first submit it to the department. The department shall have authority to approve, disapprove, modify, or amend any such request or budget before it is submitted to the proper federal authority. (Added by Stats. 1949, Ch. 96.)
  191. 13332.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    The Controller may move limited appropriation money into and out of the State Expenditure Revolving Fund, and state entities must file a financial adjustment statement within 30 days after the transaction month.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332. The Controller, at the request of a state institution, department, board, bureau, commission, officer, employee or other agency for which an appropriation is made, may transfer, under procedures established by the Department of Finance, up to 10 percent of any appropriation made to each entity, to an account established for each entity within the State Expenditure Revolving Fund, which is hereby created for the purpose of the payment of payroll and other claims which costs are to be subsequently charged to the appropriations made to each entity in accordance with any provisions or schedule set forth in the appropriations. No transfers in excess of 10 percent from any one appropriation may be made without the prior joint approval of the Department of Finance and the Controller. All state entities shall submit, to the Department of Finance, a statement of financial adjustment to the State Expenditure Revolving Fund no later than 30 days following the transaction month. No state entity shall deposit funds in the State Expenditure Revolving Fund from local assistance or capital outlay appropriations or in excess of 10 percent of any appropriation made to the agency unless prior approval is given by the Director of Finance and the Controller. Notwithstanding Sections 16310 and 16314, the Controller may transfer, as necessary, from the State Expenditure Revolving Fund to the General Fund whatever amounts are needed to meet cash needs of the General Fund. The Controller shall return all moneys so transferred without payment of interest as soon as there are sufficient moneys in the General Fund. Transfers made by the Controller shall be available for the same term as the appropriation from which the transfer was made. All undisbursed funds shall be returned to the appropriations from which they are transferred and are subject to Section 16304.1. (Added by Stats. 1983, Ch. 323, Sec. 44. Effective July 1, 1983.)
  192. 13332.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    State agencies that collect federal funds must include amounts to cover federally allowed statewide indirect costs, unless federal law prohibits 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.01. Any state agency which collects funds from the federal government shall include in the collections, amounts to offset federally allowed statewide indirect costs, as determined by the Department of Finance, except where prohibited by federal statutes. (Added by Stats. 1983, Ch. 323, Sec. 44. Effective July 1, 1983.)
  193. 13332.02.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    Recovered federal funds for statewide indirect costs must be transferred to the designated funds unless the Department of Finance authorizes spending.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.02. All funds recovered from the federal government to offset statewide indirect costs shall be transferred to the Central Service Cost Recovery Fund or to the General Fund in a manner prescribed by the Department of Finance, unless expenditure of the funds is authorized by the Department of Finance. No authorization may become effective sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine. If in the judgment of the Director of Finance, a state agency has not transferred the funds on a timely basis, the Department of Finance may certify to the Controller the amount that the agency should have transferred to the Central Service Cost Recovery Fund or the General Fund, and the Controller shall transfer the funds to the Central Service Cost Recovery Fund or the General Fund. (Amended by Stats. 2016, Ch. 31, Sec. 99. (SB 836) Effective June 27, 2016.)
  194. 13332.03.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    If no appropriation was made for recovering general administrative costs, the Controller must transfer a sufficient sum from each affected fund to the Central Service Cost Recovery Fund or the General Fund, but only on order of the Department of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.03. Whenever an appropriation has not been made to provide for recovery of general administrative costs pursuant to Article 2 (commencing with Section 11270) of Chapter 3 of Part 1, a sufficient sum for that purpose shall be transferred from each affected fund by the Controller to the Central Service Cost Recovery Fund or the General Fund in accordance with Section 11274. The Controller shall make transfers pursuant to this section only upon order of the Department of Finance. (Amended by Stats. 2016, Ch. 31, Sec. 100. (SB 836) Effective June 27, 2016.)
  195. 13332.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    Funds may not be used to pay a civil service employee above the top of the employee’s current salary range for more than 90 days after a career executive assignment ends, except for certain employees covered by the stated date window.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.05. No funds may be encumbered for paying a civil service employee a salary which is above the maximum of the salary range of the employee’s present classification for a period of more than 90 calendar days following termination of a career executive assignment appointment. The intent of the Legislature in permitting payment above the maximum of the salary range for the 90-day period is to facilitate the employee’s adjustment to a lower salary level. The provisions of this section shall not apply with respect to an employee who accepted any career executive assignment appointment on or after June 20, 1976, and before July 1, 1977, and any employee meeting that requirement, who is otherwise eligible, shall receive a salary rate pursuant to the provisions of Rule 548.25, adopted by the State Personnel Board on May 18, 1976, based upon the highest career executive assignment level held by the employee during that period. (Added by Stats. 1983, Ch. 323, Sec. 44. Effective July 1, 1983.)
  196. 13332.06.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    The California Coastal Commission is not subject to the Statewide Cost Allocation Plan for statewide indirect costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.06. The California Coastal Commission, without regard to fiscal year, shall not be subject to the Statewide Cost Allocation Plan for statewide indirect costs established pursuant to Sections 13332.01 and 13332.02. (Added by Stats. 2003, Ch. 228, Sec. 14. Effective August 11, 2003.)
  197. 13332.07.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    State funds may not be used to buy furnishings for certain rented homes, and state money may not pay to replace or repair those furnishings except when they are being disposed of.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.07. No funds shall be used to purchase furnishings for any house, mobilehome, or apartment of three or more rooms other than a dormitory that is rented to a state employee. This provision shall not apply to the purchase of refrigerators, heaters, air-conditioning equipment, stoves, linoleum, or equipment normally furnished in the construction of a house, as may be determined by the Department of Human Resources. It is the intent of the Legislature that furnishings are not to be provided by the state and that no moneys shall be paid from any appropriation for their replacement or repair, except in connection with the disposal thereof. (Amended by Stats. 2012, Ch. 665, Sec. 50. (SB 1308) Effective January 1, 2013.)
  198. 13332.09.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    This section restricts when state vehicles and surplus mobile equipment may be acquired, rented, leased, or contracted for, and gives the Department of General Services control over necessity determinations and certain approvals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.09. (a) A purchase order or other form of documentation for acquisition or replacement of motor vehicles shall not be issued against any appropriation until the Department of General Services has investigated and established the necessity therefor. (b) A state agency shall not acquire surplus mobile equipment from any source for program support until the Department of General Services has investigated and established the necessity therefor. (c) Notwithstanding any other law, any contract for the acquisition of a motor vehicle or general use mobile equipment for a state agency shall be made by or under the supervision of the Department of General Services. Pursuant to Section 10298 of the Public Contract Code, the Department of General Services may collect a fee to offset the cost of the services provided. (d) Any passenger-type motor vehicle purchased for a state officer, except a constitutional officer, or a state employee shall be an American-made vehicle of the light class, as defined by the Department of General Services, unless excepted by the Director of General Services on the basis of unusual requirements, including, but not limited to, use by the Department of the California Highway Patrol, that would justify the need for a motor vehicle of a heavier class. (e) General use mobile equipment having an original purchase price of twenty-five thousand dollars ($25,000) or more shall not be rented or leased from a nonstate source and payment therefor shall not be made from any appropriation for the use of the Department of Transportation, without the prior approval of the Department of General Services after a determination that comparable state-owned equipment is not available, unless obtaining approval would endanger life or property, in which case the transaction and the justification for not having sought prior approval shall be reported immediately thereafter to the Department of General Services. (f) For purposes of this section: (1) “General use mobile equipment” means equipment that is listed in the Mobile Equipment Inventory of the State Equipment Council and capable of being used by more than one state agency, and shall not be deemed to refer to equipment having a practical use limited to the controlling state agency only. Section 575 of the Vehicle Code shall have no application to this section. (2) “State agency” means a state agency, as defined pursuant to Section 11000. The University of California is requested and encouraged to have the Department of General Services perform the tasks identified in this section with respect to the acquisition or replacement of motor vehicles by the University of California. “State agency” does not include a district agricultural association, as defined in Section 3951 of the Food and Agricultural Code, or the California Correctional Training and Rehabilitation Authority as established by Section 2800 of the Penal Code. (Amended by Stats. 2025, Ch. 241, Sec. 12. (SB 857) Effective January 1, 2026.)
  199. 13332.10.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    The Director of General Services may not enter certain state lease agreements unless advance written notice is given to legislative recipients, and the director must also provide supporting information and file annual lease-expiration reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.10. (a) (1) The Director of General Services may not enter into a lease agreement between the state and another entity, public or private, in which the state is lessee if the agreement is to be for the lease of a building or building space, or both, which will be for the occupancy of any agency or agencies of the state where any of the conditions set forth in paragraph (2) exist, unless not less than 30 days prior to entering into the lease the Director of General Services notifies the chairperson of the committee in each house which considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or his or her designee, in writing of the director’s intention to enter into the agreement, or not sooner than such lesser time as the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine. (2) (A) The proposed lease is for a firm lease period of longer than eight years. (B) The proposed lease would require an increase in a department or agency’s support budget. (C) The proposed lease is a capitalized lease, unless it has previously been authorized by the Legislature. (D) Entering into the proposed lease would result in any occupying department or agency vacating a material amount of state-owned space, and the Director of General Services has not identified one or more state departments or agencies to fill that space. (3) No funds appropriated in any Budget Act may be encumbered or expended for any lease entered into on or after July 1, 1979, for office space in the County of Sacramento unless all solicitations for leases for office space in the County of Sacramento under the above-described conditions contain the statement, “The state is anticipating capital construction in the City of Sacramento and intends to eventually reduce the use of space on a leased basis.” (b) The Director of General Services shall, when notifying the Legislature pursuant to paragraph (1) of subdivision (a), provide information to the Legislature that demonstrates that the proposed lease is in the best interest of the state. The notice shall include all of the following: (1) The terms of the lease. (2) An analysis showing the financial impact of the proposed lease. (3) A summary of alternatives considered. (4) A rationale for entering into a lease that includes the specific provision or provisions that triggered the notification required by paragraph (1) of subdivision (a). (c) Notwithstanding Section 10231.5, commencing January 10, 2019, and annually thereafter, the Director of General Services shall submit to the chairs and vice chairs of the budget committees in each house a report that identifies all of the leases that the Director of General Services expects to expire during the subsequent fiscal year, including the end of a firm term or a soft term of a lease. The report shall include information on each of the existing leases, including the tenant department or departments, the expiration date of each lease, the net square footage, and the annual cost. (Amended by Stats. 2018, Ch. 37, Sec. 23. (AB 1817) Effective June 27, 2018.)
  200. 13332.11.

    ## 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    Capital outlay funds generally cannot be spent until preliminary plans are approved by the Department of Finance and the State Public Works Board, with several exceptions and additional reporting, approval, and augmentation 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 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.11. (a) (1) Except as otherwise specified in paragraph (2), funds appropriated for capital outlay shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved preliminary plans for the project to be funded from a capital outlay appropriation. (2) Paragraph (1) shall not apply to any of the following: (A) Amounts for acquisition of real property in fee, or any other lesser interest. (B) Amounts for equipment or minor capital outlay projects. (C) Amounts appropriated for preliminary plans, surveys, and studies. (b) Notwithstanding subdivision (a), approvals by the State Public Works Board and the Department of Finance for the University of California and the California Community Colleges shall apply only to the allocation of state capital outlay funds appropriated by the Legislature, including land acquisition and equipment funds. (c) Any appropriated amounts for working drawings or construction where the working drawings or construction have been started by any state agency prior to approval of the preliminary plans by the State Public Works Board shall be reverted to the fund from which the appropriation was made, as approved by the Department of Finance. A major project for which a capital outlay appropriation is made shall not be put out to bid until the working drawings have been approved by the Department of Finance. A substantial change shall not be made to the approved preliminary plans or approved working drawings without written approval by the Department of Finance. The Department of Finance shall approve any proposed construction bid alternates. (d) The Department of Finance shall approve the use of funds from a capital outlay appropriation for the purchase of any significant unit of equipment. (e) The State Public Works Board may augment a major project in an amount of up to 20 percent of the total of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent otherwise permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each capital outlay project until the Legislature makes additional funds available for the specific project. (f) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. (g) Augmentations in excess of 10 percent of the amount appropriated for each capital outlay project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or his or her designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or his or her designee, may in each instance determine. (h) (1) The Department of Finance may change the administratively or legislatively approved scope for major capital outlay projects. (2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative advisers of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. (i) The State Public Works Board shall defer action with respect to approval of an acquisition project, when it is determined that the estimated cost of the total acquisition project, as approved by the Legislature is in excess of 20 percent of the amount appropriated, unless it is determined that a lesser portion of the property is sufficient to meet the objectives of the project approved by the Legislature, and the Chairperson of the Joint Legislative Budget Committee, or his or her designee, is provided a 20-day prior notification of the proposed reductions in the acquisition project, or whatever lesser period the chairperson, or his or her designee, may in each instance determine. (j) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and legislative advisers of the State Public Works Board 20 days prior to the proposed board approval of preliminary plans when it is determined that the estimated cost of the total capital outlay construction project is in excess of 20 percent of the amount recognized by the Legislature. (k) Nothing in this section shall be construed to limit or control the Department of Transportation, the High-Speed Rail Authority, or the California Exposition and State Fair in the expenditure of all funds appropriated to those entities for capital outlay purposes. (Amended by Stats. 2018, Ch. 790, Sec. 4. (SB 1172) Effective January 1, 2019.)

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