Government Code — Part 91 | GOV — United States — California law | Esheria

Government Code

Part 91 of 107 · provisions 18,001–18,200

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. 71639.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    The board handles certain complaints as unfair practice charges and has specific powers over elections, rules, and enforcement, but it is limited by a six-month filing rule and other damage and unfair-practice restrictions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639.1. (a) As used in this article, “board” means the Public Employment Relations Board established pursuant to Section 3541. (b) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this article and shall include the authority as set forth in subdivisions (c) and (d). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a trial court has no rule. (c) A complaint alleging any violation of this article or of any rules and regulations adopted by a trial court pursuant to Section 71636 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this article, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this article and Section 71639.3. The board shall not issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge, except that if the rules and regulations adopted by a trial court require exhaustion of a remedy prior to filing an unfair practice charge or the charging party chooses to exhaust a trial court’s remedy prior to filing an unfair practice charge, the six-month limitation set forth in this subdivision shall be tolled during such reasonable amount of time it takes the charging party to exhaust the remedy, but nothing herein shall require a charging party to exhaust a remedy when that remedy would be futile. (d) The board shall enforce and apply rules adopted by a trial court concerning unit determinations, representation, recognition, and elections. (e) This section does not apply to employees designated as management employees under Section 71637.1. (f) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a trial court if that rule or regulation is itself in violation of this article. (Amended by Stats. 2011, Ch. 539, Sec. 5. (SB 857) Effective January 1, 2012.)
  2. 71639.15.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    If an administrative law judge’s recognition or certification decision is appealed, it becomes the board’s final order unless the board issues a superseding ruling within 180 days after the appeal is filed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639.15. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2011, Ch. 242, Sec. 5. (SB 609) Effective January 1, 2012.)
  3. 71639.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section says the article does not make Labor Code Section 923 applicable to trial court employees.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639.2. The enactment of this article shall not be construed as making Section 923 of the Labor Code applicable to trial court employees. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  4. 71639.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts and trial court employees are generally not covered by Chapter 10, except as this article provides.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639.3. Trial courts and trial court employees are not covered by Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, or any subsequent changes to these sections except as provided in this article. However, where the language of this article is the same or substantially the same as that contained in Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, it shall be interpreted and applied in accordance with the judicial interpretations of the same language. (Amended by Stats. 2004, Ch. 227, Sec. 69. Effective August 16, 2004.)
  5. 71639.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    The section lets certain parties seek extraordinary relief from specified board decisions or orders, sets a 30-day filing deadline, and gives the court enforcement and review powers with limits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639.4. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, and any party to a final decision or order of the board in a unit determination, representation, recognition, or election matter that is not brought as an unfair practice case, may petition for a writ of extraordinary relief from that decision or order. A board order directing an election may not be stayed pending judicial review. (b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over the county where the events giving rise to the decision or order occurred. The petition shall be filed within 30 days from the date of the issuance of the board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a board decision or order has expired, the board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board’s final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order. (Added by Stats. 2004, Ch. 227, Sec. 70. Effective August 16, 2004.)
  6. 71639.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Certain written agreements made under this article become binding on adoption, and some may be enforced in superior court or under arbitration enforcement rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639.5. (a) Any written agreements reached through negotiations held pursuant to this article are binding upon the parties, upon adoption under Section 71634.3, and, notwithstanding Sections 1085 and 1103 of the Code of Civil Procedure requiring the issuance of a writ to an inferior tribunal, any of those agreements may be enforced by petitioning the superior court for relief pursuant to Section 1085 or 1103 of the Code of Civil Procedure. (b) Written agreements reached through negotiations held pursuant to this article that contain provisions requiring the arbitration of controversies arising out of the agreement shall be subject to enforcement under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (c) The Judicial Council shall adopt rules of court that shall provide a mechanism for the establishment of a panel of court of appeal justices who shall be qualified to hear petitions under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, and writ applications under Sections 1085 and 1103 of the Code of Civil Procedure, and as specified in those rules, from which a single justice shall be assigned to hear the matter in the superior court. The rules of court shall provide that these matters shall be heard in the superior court, and to the extent permitted by law, shall provide that any justice assigned to hear the matter in the superior court shall not be from the court of appeal district in which the action is filed, and shall further provide that appeals in such matters shall be heard in the court of appeal district where the matter was filed. (Added by Stats. 2004, Ch. 227, Sec. 71. Effective August 16, 2004.)
  7. 7164.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

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    “Taxpayer” means the person liable for the tax.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7164. “Taxpayer” means the person liable for the tax. (Added by Stats. 1980, Ch. 600.)
  8. 71640.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Each trial court must establish an employment selection and advancement system.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71640. (a) As of the implementation date of this chapter, each trial court shall establish a trial court employment selection and advancement system which shall become the minimum selection and advancement system for all trial court employees and shall become part of the sole trial court employee personnel system. The trial court employment selection and advancement system shall replace any county employment selection and advancement systems applying to trial court employees prior to the implementation date as provided in this article, except as otherwise specified in this article. This article establishes minimum standards, and each trial court employment selection and advancement system shall, at a minimum, conform to the requirements of this article. (b) Until such time as a trial court establishes a trial court employment selection and advancement system as provided in this article, the minimum standards required pursuant to this article shall be the trial court employment selection and advancement system. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  9. 71641.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Each trial court must develop personnel rules for hiring, promotion, transfer, and classification, and must meet and confer in good faith with recognized employee organizations on rules covering represented matters.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71641. Each trial court shall develop personnel rules regarding hiring, promotion, transfer, and classification. Trial courts shall meet and confer in good faith with representatives of the recognized employee organizations on those rules that cover matters within the scope of representation. However, nothing in this article is intended to expand the definition of matters within the scope of representation, as defined in Section 71634. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  10. 71642.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts must conduct hiring and promotion nondiscriminatorily and use job-related factors; they also must maintain an equal employment opportunity policy for applicants and employees.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71642. Hiring and promotion within a trial court shall be done in a nondiscriminatory manner based on job-related factors. Trial court personnel rules shall meet the following minimum standards: (a) Recruiting, selecting, transferring, and advancing employees shall be on the basis of their relative ability, knowledge, and skills. Initial appointment shall be through an open, competitive process. Preference shall be given to internal candidates. (b) Formal job-related selection processes are required when filling positions. (c) Each trial court shall have an equal employment opportunity policy applying to all applicants and employees in accordance with applicable state and federal law. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  11. 71643.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section excludes certain court positions from competitive selection and promotion rules, and protects employees’ representation rights and regular status in limited-term assignments.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71643. (a) The following positions are excluded from the competitive selection and promotion processes required by Section 71642: (1) Subordinate judicial officers. (2) Managerial, confidential, temporary, and limited-term positions in accordance with a trial court’s personnel policies, procedures, or plans, subject to meet and confer in good faith. (b) If managerial, confidential, temporary, and limited-term positions are defined for the purposes of competitive selection and promotion processes within a trial court as of the implementation date of this chapter, then that definition shall be maintained for those purposes until changed subject to meet and confer in good faith. If managerial, confidential, temporary, and limited-term positions are not defined for the purposes of competitive selection and promotion processes within a trial court as of the implementation date of this chapter, then the adoption of any such definition by the trial court shall be subject to meet and confer in good faith. (c) The exclusion of managerial, confidential, temporary, and limited term positions from required competitive selection and promotion processes shall not affect the employees’ right to representation. (d) Permanent or regular employees who assume limited term appointments or assignments to other positions or classes shall retain their permanent or regular status during and upon expiration of the limited term appointment or assignment. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  12. 71644.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Disputes between a trial court and its employees about certain court employment rules must be resolved by binding arbitration.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71644. Disputes between a trial court and its employees regarding the alleged misapplication, misinterpretation, or violation of the trial court’s rules enacted pursuant to Sections 71641 and 71642 governing hiring, promotion, transfer, and classification shall be resolved by binding arbitration. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  13. 71645.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section says the article becomes the employment, selection, and advancement system for trial court employees starting on the implementation date.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 4. Employment Selection and Advancement [71640 - 71645] ( Article 4 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71645. (a) On and after the implementation date of this chapter, this article shall become the employment, selection, and advancement system for all trial court employees within a trial court and shall become part of the sole trial court employee system, replacing any aspects of county employment, selection, and advancement systems applying to trial court employees prior to the implementation date of this chapter. (b) Except as provided in subdivision (c), the implementation date of this chapter for each trial court shall be the effective date of this chapter. (c) The representatives of the trial court and representatives of recognized employee organizations may mutually agree to a different implementation date. If the provisions in this article are governed by an existing memorandum of understanding or agreement covering trial court employees, as to such provisions, the implementation date shall be either the date a successor memorandum of understanding or agreement is effective or, if no agreement for a successor memorandum of understanding or agreement is reached, 90 days from the date of the expiration of the predecessor memorandum of understanding or agreement, unless representatives of the trial court and representatives of recognized employee organizations mutually agree otherwise. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  14. 71650.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Each trial court must establish an employment protection system that becomes the minimum system for all trial court employees, subject to exceptions in the article.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71650. (a) As of the implementation date of this article, as provided in Section 71658, each trial court shall establish a trial court employment protection system that shall become the minimum employment protection system for all trial court employees and shall become part of the sole trial court employee personnel system. The trial court employment protection system shall replace any county employment protection systems applying to trial court employees prior to the implementation date provided in Section 71658, except as otherwise specified in this article. This article establishes minimum standards, and each trial court employment protection system shall, at a minimum, conform to the requirements of this article. (b) Nothing in this article shall preclude the establishment of enhanced employment protection systems pursuant to trial court personnel policies, procedures, or plans subject to meet and confer in good faith. (c) Nothing in this article shall be construed to provide, either explicitly or implicitly, a civil cause of action for breach of contract either express or implied arising out of a termination of employment. (d) Except as specified in subdivisions (b) and (c), this article shall not apply to either of the following categories of trial court employees: (1) Subordinate judicial officers. (2) Managerial, confidential, temporary, limited term, and probationary employees, unless included within the trial court employment protection system in accordance with trial court personnel policies, procedures, or plans subject to meet and confer in good faith. (Amended by Stats. 2001, Ch. 270, Sec. 10. Effective January 1, 2002.)
  15. 71651.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Each trial court’s employment protection system must include progressive discipline, and discipline up to termination must be for cause, except layoffs for organizational necessity under Section 71652.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71651. (a) The trial court employment protection system in each trial court shall include progressive discipline, as defined by each trial court’s personnel policies, procedures, or plans, subject to meet and confer in good faith. Except for layoffs for organizational necessity as provided for in Section 71652, discipline, up to and including termination of employment, shall be for cause. (b) For purposes of this section, “for cause” means a fair and honest cause or reason, regulated by good faith on the part of the party exercising the power. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  16. 71651.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    A trial court must not retaliate against an official reporter or official reporter pro tempore who alerts the judicial officer to technology or audibility problems affecting a remote proceeding record.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71651.1. (a) Consistent with federal and California labor law, a trial court shall not retaliate against an official reporter or official reporter pro tempore who notifies the judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote proceeding pursuant to subdivisions (f) and (g) of Section 977 of the Penal Code. (b) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2026, Ch. 29, Sec. 5. (SB 174) Effective June 29, 2026. Repealed as of January 1, 2032, by its own provisions.)
  17. 71652.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Trial court employees may be laid off for organizational necessity, and trial courts must set layoff procedures through personnel rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71652. (a) A trial court employee may be laid off based on the organizational necessity of the court. Each trial court shall develop, subject to meet and confer in good faith, personnel rules regarding procedures for layoffs for organizational necessity. Employees shall be laid off on the basis of seniority of the employees in the class of layoff, in the absence of a mutual agreement between the trial court and a recognized employee organization providing for a different order of layoff. (b) For purposes of this section, a “layoff for organizational necessity” means a termination based on the needs or resources of the court, including, but not limited to, a reorganization or reduction in force or lack of funds. (Amended by Stats. 2002, Ch. 905, Sec. 9. Effective January 1, 2003.)
  18. 71653.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Trial courts must set up personnel-rule procedures for evidentiary due process hearings on certain disciplinary decisions, and the hearing officer has subpoena power.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71653. Subject to meet and confer in good faith, each trial court shall establish in its personnel rules a process for conducting an evidentiary due process hearing to review disciplinary decisions that by law require an evidentiary due process hearing, which shall include, at a minimum, all of the following elements: (a) A procedure for appointment of an impartial hearing officer who shall not be a trial court employee or judge of the employing court. (b) The hearing shall result in an appropriate record with a written report that has findings of fact and conclusions that reference the evidence. (c) The employee and trial court shall have the right to call witnesses and present evidence. The trial court shall be required to release trial court employees to testify at the hearing. (d) The hearing officer shall have the authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, and other evidence as provided in Section 1282.6 of the Code of Civil Procedure. (e) The employee shall have the right to representation, including legal counsel, if provided by the employee. (f) If the hearing officer disagrees with the trial court’s disciplinary decision, the trial court shall furnish a certified copy of the record of proceedings before the hearing officer to the employee or, if the employee is represented by a recognized employee organization or counsel, to that representative, without cost. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  19. 71654.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Each trial court must set up a personnel-rule process to review hearing officer reports, and generally must issue a written decision within 30 calendar days, with stated limits on when recommendations may be rejected or modified.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71654. Subject to meet and confer in good faith, each trial court shall establish in its personnel rules a process for the trial court to review a hearing officer’s report and recommendation made pursuant to Section 71653 that provides, at a minimum, that the decision of the hearing officer shall be subject to review, as follows: (a) A trial court shall have 30 calendar days from receipt of the hearing officer’s report or receipt of the record of the hearing, whichever is later, to issue a written decision accepting, rejecting or modifying the hearing officer’s report or recommendation unless the trial court and employee mutually agree to a different timeframe. (b) In making its decision under subdivision (a), the trial court shall be bound by the factual findings of the hearing officer, except factual findings that are not supported by substantial evidence, and the trial court shall give substantial deference to the recommended disposition of the hearing officer. (c) If the trial court rejects or modifies the hearing officer’s recommendation, the trial court shall specify the reason or reasons why the recommended disposition is rejected in a written statement which shall have direct reference to the facts found and shall specify whether the material factual findings are supported by substantial evidence. The trial court may reject or modify the recommendation of the hearing officer only if the material factual findings are not supported by substantial evidence, or for any of the following reasons or reasons of substantially similar gravity or significance: (1) The recommendation places an employee or the public at an unacceptable risk of physical harm from an objective point of view. (2) The recommendation requires an act contrary to law. (3) The recommendation obstructs the court from performing its constitutional or statutory function from an objective point of view. (4) The recommendation disagrees with the trial court’s penalty determination, but the hearing officer has not identified material, substantial evidence in the record that provides the basis for that disagreement. (5) The recommendation is contrary to past practices in similar situations presented to the hearing officer that the hearing officer has failed to consider or distinguish. (6) From an objective point of view, and applied by the trial court in a good faith manner, the recommendation exposes the trial court to present or future legal liability other than the financial liability of the actual remedy proposed by the hearing officer. (d) If a trial court’s review results in rejection or substantial modification of the hearing officer’s recommendation, then the final review shall be conducted by an individual other than the disciplining officer. If the disciplining officer is a judge of the trial court, the review shall be made by another judge of the court, a judicial committee, an individual, or panel as specified in the trial court’s personnel rules. However, in a trial court with two or fewer judges, if the trial court has no other judge than the disciplining judge or judges, the judge or judges may conduct the review; and, as a minimum requirement, in a trial court with 10 or more judges, the review shall be by a panel of three judges, whose decision shall be by a majority vote, which shall be selected as follows: (1) One judge shall be selected by the presiding judge or his or her designee. (2) One judge shall be selected by the employee or, if the employee is represented, by his or her bargaining representative. (3) The two appointed judges shall select a third judge. On panels in a trial court with 10 or more judges, no judge may be selected to serve without his or her consent; the term of office of the panel shall be defined by local personnel policies, procedures, or plans subject to the obligation to meet and confer in good faith; and no judge shall serve on the panel in a case in which he or she has imposed discipline. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  20. 71655.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    An employee may challenge certain disciplinary decisions by writ petition, and the reviewing court must use the whole record and follow supported factual findings. The disciplining court must also provide a certified copy of the hearing record without charge when required and if it was not already provided.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71655. (a) An employee may challenge the decision of the disciplining trial court, made pursuant to Section 71654, rejecting or modifying the hearing officer’s recommendation by filing a writ of mandamus pursuant to Section 1094.5 of the Code of Civil Procedure in the appropriate court, and such review by that court shall be based on the entire record. If required by the writ procedure and if not previously provided to the disciplined employee, the disciplining court shall furnish a certified copy of the record of the proceeding before the hearing officer to the disciplined employee or, if the employee is represented, to the bargaining representative without charge. In reviewing the disciplining trial court’s rejection or modification of the hearing officer’s recommendation, the reviewing court shall be bound by the hearing officer’s material factual findings that are supported by substantial evidence. (b) The denial of due process or the imposition of a disciplinary decision that by law requires a due process hearing without holding the required hearing may be challenged by a petition for a writ of mandate. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  21. 71656.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section lets certain trial court employees choose between county civil service hearings and the trial court employment protection system, and it sets when that choice is allowed or automatically made.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71656. Notwithstanding any other provision of this article, in a county of the first class as defined in Section 28022 as of January 1, 2001: (a) As of the implementation date provided in Section 71658, a trial court employee who was a member of a county civil service system shall remain in that system for the sole purposes of evidentiary due process hearings before the county civil service commission as an alternative to the due process hearings provided for in Sections 71653, 71654, and 71655, unless the employee elects, pursuant to subdivision (c), to be subject to the trial court employment protection system provided in this article. (b) One year after the implementation date provided in Section 71658, a trial court employee who was a member of a county civil service system shall be deemed to have elected, pursuant to subdivision (c), to be subject to the trial court employment protection system provided in this article unless the employee has, during that year, submitted to the trial court a signed writing expressly electing the county civil service commission solely for the purposes of evidentiary due process hearings in lieu of the hearings provided for in Sections 71653, 71654, and 71656. However, no election may be made after receiving notice of intended discipline until after the disciplinary action has been finally resolved and the employee has exhausted all remedies related to that action. The one-year period in which to elect the county civil service commission shall be tolled during the period of time when a trial court employee is disabled from making an election because of pending disciplinary action or proceedings. (c) A trial court employee who is subject to the county civil service system may elect at any time to be subject to the trial court employment protection system provided in this article, except that no election may be made after receiving notice of intended discipline until after the disciplinary action has been finally resolved and the employee has exhausted all remedies related to that action. An election to be subject to the trial court employment protection system may not be revoked. (d) A trial court employee who elects to remain in the county civil service system and who later is promoted or transferred into a position that is comparable to a position that is classified as exempt from the county civil service system shall be subject to the trial court employment protection system for all purposes. (e) Trial court employees in a county of the first class eligible for making an election pursuant to subdivisions (a) and (b) shall be deemed county employees for purposes of remaining eligible for evidentiary due process hearings before the county civil service commission. (f) A trial court shall adopt procedures, subject to meet and confer in good faith, that establish a process for election pursuant to this section. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  22. 71657.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Disciplinary actions and appeals for trial court employees must follow the predecessor personnel system rules for actions taken before the chapter’s implementation date, and appeals for actions taken after that date must follow procedures under this article.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71657. (a) Disciplinary action served on a trial court employee prior to the implementation date of this chapter shall remain in effect in accordance with the procedures established under the trial court’s predecessor personnel system. (b) Appeals of disciplinary action served on a trial court employee prior to the implementation date of this chapter shall be made in accordance with the procedures established under the trial court’s predecessor personnel system. Appeals of disciplinary action served on a trial court employee after the implementation date of this chapter shall be made in accordance with the procedures established pursuant to this article. The consequences of past discipline under the trial court’s new employment protection system pursuant to this article shall be subject to meet and confer in good faith. (Amended by Stats. 2001, Ch. 270, Sec. 11. Effective January 1, 2002.)
  23. 71658.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section sets when Article 5 takes effect, with a default rule and a possible different date by mutual agreement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 5. Employment Protection System [71650 - 71658] ( Article 5 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71658. (a) Except as provided in subdivision (b), the implementation date of this article is the effective date of this chapter. (b) Representatives of a trial court and representatives of recognized employee organizations may mutually agree to an implementation date of this article different from that specified in subdivision (a). However, if any provisions of this chapter are governed by an existing memorandum of understanding or agreement covering trial court employees, as to those provisions, the implementation date shall be either the date a successor memorandum of understanding or agreement is effective or, if no agreement for a successor memorandum of understanding or agreement is reached, 90 days from the date of the expiration of the predecessor memorandum of understanding or agreement unless representatives of the trial court and representatives of recognized employee organizations mutually agree otherwise. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  24. 71660.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 6. Personnel Files [71660- 71660.] ( Article 6 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Each trial court must adopt personnel rules that give employees access to their official personnel files, allow inspection at reasonable times, and keep or provide the files at the employee’s work location within a reasonable time after request.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 6. Personnel Files [71660- 71660.] ( Article 6 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71660. Each trial court shall adopt personnel rules, subject to the obligation to meet and confer in good faith, to provide trial court employees with access to their official personnel files. The rules shall provide, at a minimum, that all of the following applies: (a) Each trial court shall, at reasonable times and intervals, permit an employee, upon that employee’s request, to inspect any personnel files that are used, or have been used, to determine that employee’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. (b) Each trial court shall keep a copy of each employee’s official personnel files at the place where the employee reports to work, or shall make the official personnel files available where the employee reports to work within a reasonable period of time after a request for the official personnel files by the employee. (c) Records of a trial court employee relating to the investigation of a possible criminal offense, letters of reference, and other matters protected by constitutional, statutory, or common law provisions, shall be excluded from the personnel files for purposes of this section. (Amended by Stats. 2006, Ch. 187, Sec. 1. Effective January 1, 2007.)
  25. 71670.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section says this chapter does not affect the Brown-Presley Trial Court Funding Act and does not create a duty for the Judicial Council or the state to allocate money to trial courts for costs under this chapter.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71670. Nothing in this chapter shall be construed to affect the provisions of the Brown-Presley Trial Court Funding Act (Chapter 13 (commencing with Section 77000) of Title 8) or to impose upon the Judicial Council or the state any obligation to make an allocation to a trial court to fund expenses or obligations incurred by the trial court pursuant to this chapter. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  26. 71671.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Each trial court employee is entitled to the protections in Article 5 of this chapter, unless this chapter provides otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71671. Notwithstanding any other provision of law, each trial court employee shall have the protections provided for in Article 5 (commencing with Section 71650) of this chapter, except as otherwise provided by this chapter. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  27. 71672.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Each trial court employee is entitled to the benefits provided in Article 2 of this chapter, despite any other law.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71672. Notwithstanding any other provision of law, each trial court employee shall be entitled to such benefits as are provided for in Article 2 (commencing with Section 71620) of this chapter. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  28. 71673.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    The trial court may use its granted authority to manage job classifications, employee appointments, salaries, and benefits, without county or board approval, unless this chapter says otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71673. Notwithstanding any other provision of law, the trial court may exercise the authority and power granted to it pursuant to Article 2 (commencing with Section 71620) of this chapter, including, but not limited to, the authority and power to establish job classifications, to appoint such employees as are necessary, to establish salaries for trial court employees, and to arrange for the provision of benefits for trial court employees, without securing the approval or consent of the county or the board of supervisors, and without requiring any further legislative action, except as otherwise provided by this chapter. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  29. 71674.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    The California Law Revision Commission must determine whether any laws became obsolete because of this chapter, the 1997 trial court funding act, or trial court unification, and recommend amendments to remove those obsolete provisions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71674. The California Law Revision Commission shall determine whether any provisions of law are obsolete as a result of the enactment of this chapter, the enactment of the Lockyer-Isenberg Trial Court Funding Act of 1997 (Chapter 850 of the Statutes of 1997), or the implementation of trial court unification, and shall recommend to the Legislature any amendments to remove those obsolete provisions. The commission shall report its recommendations to the Legislature, including any proposed statutory changes. (Amended by Stats. 2002, Ch. 784, Sec. 360. Effective January 1, 2003.)
  30. 71675.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Trial courts and the Judicial Council may create preliminary procedures for certain information-release matters, and the Judicial Council must adopt rules for the related hearing and appeal process.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 7. Relation to Other Trial Court Statutes [71670 - 71675] ( Article 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71675. (a) Any trial court may adopt a procedure to be used as a preliminary step before petitioning the superior court for relief pursuant to subdivision (b) in matters concerning the release of information by that trial court. The Judicial Council may adopt a procedure to be used as a preliminary step before petitioning the superior court for relief pursuant to subdivision (b) in matters concerning the release of information by the Judicial Council. (b) Notwithstanding Sections 1085 and 1003 of the Code of Civil Procedure requiring the issuance of a writ to an inferior tribunal, in the event that a trial court employee, an employee organization, or a member of the public believes there has been a violation of Rule 10.802 of the California Rules of Court concerning the maintenance of, and public access to, budget and management information concerning the Judicial Council or the trial courts, that party may petition the superior court for relief. (c) The Judicial Council shall adopt rules of court to implement this hearing and appeal process. The rules of court shall provide a mechanism for the establishment of a panel of court of appeal justices who shall be qualified to hear these matters, as specified in the rules of court, from which panel a single justice shall be assigned to hear the matter in the superior court. The rules of court shall provide that these matters shall be heard in the superior court, and, if applicable, the court of appeal, on an expedited basis. To the extent permitted by law or rule of court, these rules shall provide that the justice assigned to hear the matter shall not be from the court of appeal district in which the action is filed, and shall provide that appeals in these matters shall be heard in the court of appeal district where the matter was filed. (Amended by Stats. 2007, Ch. 130, Sec. 139. Effective January 1, 2008.)
  31. 7170.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. )

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    A state tax lien generally attaches to a taxpayer’s property and rights to property in this state, but subdivisions (b) and (c) protect certain prior interests and priority holders.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. ) ## 7170. (a) Except as provided in subdivisions (b) and (c), a state tax lien attaches to all property and rights to property whether real or personal, tangible or intangible, including all after-acquired property and rights to property, belonging to the taxpayer and located in this state. A state tax lien attaches to a dwelling notwithstanding the prior recording of a homestead declaration (as defined in Section 704.910 of the Code of Civil Procedure). (b) A state tax lien is not valid as to real property against the right, title, or interest of any of the following persons where the person’s right, title, or interest was acquired or perfected prior to recording of the notice of state tax lien in the office of the county recorder of the county in which the real property is located pursuant to Section 7171: (1) A successor in interest of the taxpayer without knowledge of the lien. (2) A holder of a security interest. (3) A mechanic’s lienor. (4) A judgment lien creditor. (c) A state tax lien is not valid as to personal property against: (1) The holder of a security interest in the property whose interest is perfected pursuant to Section 9308 of the Commercial Code prior to the time the notice of the state tax lien is filed with the Secretary of State pursuant to Section 7171. (2) Any person (other than the taxpayer) who acquires an interest in the property under the law of this state without knowledge of the lien or who perfects an interest in accordance with the law of this state prior to the time that the notice of state tax lien is filed with the Secretary of State pursuant to Section 7171. (3) A buyer in ordinary course of business who, under Section 9320 of the Commercial Code, would take free of a security interest created by the seller. (4) Any person (other than the taxpayer) who, notwithstanding the prior filing of the notice of the state tax lien: (A) Is a holder in due course of a negotiable instrument. (B) Is a holder to whom a negotiable document of title has been duly negotiated. (C) Is a protected purchaser of a security or is a person entitled to the benefits of Section 8502 or 8510 of the Commercial Code. (D) Is a purchaser of chattel paper who gives new value and takes possession of the chattel paper in the ordinary course of the purchaser’s business or a purchaser of an instrument who gives value and takes possession of the instrument in good faith. (E) Is a holder of a purchase money security interest. (F) Is a collecting bank holding a security interest in items being collected, accompanying documents and proceeds, pursuant to Section 4210 of the Commercial Code. (G) Acquires a security interest in a deposit account or in the beneficial interest in a trust or estate. (H) Acquires any right or interest in letters of credit, advices of credit, or money. (I) Acquires without actual knowledge of the state tax lien a security interest in or a claim in or under any policy of insurance including unearned premiums. (J) Acquires any right or interest in property subject to a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate of title is required as a condition of perfection of the security interest. (K) Is a purchaser of an instrument who would have priority under subdivision (d) of Section 9330 of the Commercial Code. (L) Is a purchaser of investment property who would have priority under paragraph (1), (3), (4), or (5) of Section 9328 of the Commercial Code. (M) A transferee of money who would take free of a security interest under Section 9332 of the Commercial Code. (5) A judgment lien creditor whose lien was created by the filing of a notice of judgment lien on personal property with the Secretary of State prior to the time the notice of state tax lien is filed with the Secretary of State pursuant to Section 7171. (Amended by Stats. 1999, Ch. 991, Sec. 45.3. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  32. 7170.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. )

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    When state tax liens compete with each other, or with a specified federal lien, the lien that arose first has priority.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. ) ## 7170.5. Notwithstanding Section 7170, as between competing state tax liens or as between a state tax lien and a federal lien described in Section 2100 of the Code of Civil Procedure, the lien that first comes into existence has priority over the lien that later comes into existence; and this priority is not affected by the recording or filing pursuant to Section 7171 or pursuant to Title 7 (commencing with Section 2100) of Part 4 of the Code of Civil Procedure, of a notice of either or both of the liens. (Added by Stats. 1980, Ch. 600.)
  33. 7171.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. )

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    The agency may record or file a notice of state tax lien after the lien is created, and must include specified information in the notice. Certain electronic filing methods and facsimile signatures are permitted, and the agency must pay fees in some out-of-state-address cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. ) ## 7171. (a) With respect to real property, at any time after creation of a state tax lien, the agency may record in the office of the county recorder of the county in which the real property is located a notice of state tax lien. (b) With respect to personal property, at any time after creation of a state tax lien, the agency may file a notice of state tax lien with the Secretary of State pursuant to Chapter 14.5 (commencing with Section 7220). (c) (1) The notice of state tax lien recorded or filed pursuant to subdivision (a) or (b) shall include all of the following: (A) The name and last known address of the taxpayer. (B) The name of the agency giving notice of the lien. (C) The amount of the unpaid tax. (D) A statement that the amount of the unpaid tax is a lien on all real or personal property and rights to that property, including all after-acquired property and rights to property, belonging to the taxpayer. (E) A statement that the agency has complied with all of the provisions of the applicable law for determining and assessing the tax. (2) Notwithstanding paragraph (4) of subdivision (b) of Section 27390, the transmission, filing, recording, and indexing of notices of state tax liens recorded or filed pursuant to subdivision (a) or (b), and all documents that relate to or affect those liens, including, but not limited to, a release, an extension, or a subordination, by electronic or magnetic means using computerized data processing, telecommunications, the other similar information technologies available to the filing offices shall be permitted. A facsimile signature that complies with the requirements of paragraph (2) of subdivision (b) of Section 27201 shall be accepted on any document relating to a state tax lien filed or recorded pursuant to this paragraph. (d) If the notice of state tax lien recorded in any county reflects an out-of-state address as the last known address of the taxpayer, the agency shall pay the fees required by Sections 27361, 27361.2, 27361.4, and 27361.8. (e) The agency recording a notice of state tax lien pursuant to subdivision (d) may collect from the taxpayer, in any manner provided by law for the collection of the tax, the cost of recording. (Amended by Stats. 2006, Ch. 423, Sec. 1. Effective September 22, 2006.)
  34. 7172.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. )

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    A state tax lien lasts 10 years from creation unless released, discharged, or properly recorded/extended under Section 7171.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. ) ## 7172. (a) A state tax lien continues in effect for 10 years from the date of its creation unless it is sooner released or otherwise discharged, and is extinguished 10 years from the date of its creation unless a notice of state tax lien is recorded or filed as provided in Section 7171. (b) When a notice of a state tax lien is recorded or filed as provided in Section 7171 before the lien is extinguished pursuant to subdivision (a), the lien continues in effect for 10 years from the date of recording or filing the notice of state tax lien unless it is sooner released or otherwise discharged, and is extinguished 10 years from the date of recording or filing the notice of state tax lien unless it is extended as provided in subdivision (c). (c) A state tax lien may, within 10 years of the date of the recording or filing of the notice of state tax lien or within 10 years of the date of the last extension of the lien, be extended by recording in the office of the county recorder of any county or filing with the Secretary of State a new notice of state tax lien as provided in Section 7171, and from the time of such recording or filing the lien is extended for 10 years unless sooner released or otherwise discharged. (Added by Stats. 1980, Ch. 600.)
  35. 7173.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. )

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    A state tax lien can extend to a taxpayer’s cause of action and later judgment, and the court clerk must note the lien on the judgment and any abstract. Notice must be given to prior appearing parties, and settlement-related actions need agency consent unless the lien is released or discharged.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. ) ## 7173. (a) If the taxpayer is a party to an action or special proceeding in which the taxpayer may become entitled to property or a money judgment, a state tax lien extends to the taxpayer’s cause of action and any judgment in favor of the taxpayer subsequently procured in the action or proceeding. Notice of the lien shall be given to all parties who, prior thereto, have made an appearance in the action or proceeding. The lien has priority from the time of filing of the notice in the action or proceeding. (b) No compromise, dismissal, settlement, or satisfaction shall be entered into by or on behalf of the taxpayer with any other party, lienor, or intervenor in the action or proceeding without the consent of the agency unless the lien is sooner released or otherwise discharged; but, until a person receives notice of the lien under subdivision (a) or has actual notice of the lien, the rights of the person are not affected by this subdivision. (c) The court clerk shall endorse upon the judgment recovered in the action or proceeding a statement of the existence of the lien and the time of the filing of the notice in the action or proceeding. Any abstract issued on the judgment shall include a statement of the lien in favor of the agency. (Amended by Stats. 1982, Ch. 497, Sec. 99. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  36. 7174.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. )

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    The agency may release or subordinate a state tax lien in some situations, and must file or send a certificate of release within 40 days after the liability is paid or otherwise satisfied.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 2. State Tax Liens [7170 - 7174] ( Article 2 added by Stats. 1980, Ch. 600. ) ## 7174. (a) If the agency determines that the amount of tax, interest, and any penalty are sufficiently secured by a lien on other property or that the release or subordination of the state tax lien will not jeopardize the collection of the amount of the tax, including interest and penalty, the agency may at any time release all or any portion of the property subject to the state tax lien from the lien or may subordinate the state tax lien to other liens and encumbrances. (b) If the agency finds that the liability represented by the state tax lien, including any interest accrued thereon, is legally unenforceable, the agency may release the lien. (c) If the agency has recorded a notice of state tax lien as provided in Section 7171 and the liability represented by the lien, including any interest and penalty, has been satisfied in full: (1) If the agency is other than the Controller or the State Board of Equalization, the agency shall, not later than 40 days after the liability is satisfied, record a certificate of release in the office of the county recorder where the notice of state tax lien is recorded. (2) In the case of the Controller or the State Board of Equalization, the agency shall, not later than 40 days after the liability is satisfied, do one of the following: (A) Record a certificate of release in the office of the county recorder where the notice of state tax lien is recorded. (B) Deposit in the mail or otherwise deliver to the taxpayer a certificate of release. (d) If the agency records a certificate of release under subdivision (c) or files a certificate of release under subdivision (e), the cost of recording or filing is an obligation of the taxpayer and may be collected from the taxpayer in any manner provided by law for the collection of the tax. (e) If the agency has filed a notice of state tax lien with the Secretary of State as provided in Section 7171 and the liability represented by the state tax lien, including any interest and penalty, has been satisfied in full, the agency shall, not later than 40 days after the liability is satisfied, do one of the following: (1) File a certificate of release with the Secretary of State. (2) Deposit in the mail or otherwise deliver a certificate of release to the taxpayer. (f) For the purpose of subdivisions (c) and (e), if payment is made by check, the 40-day period does not commence to run until the check has been paid by the financial institution upon which it was drawn. (g) A certificate by the agency to the effect that any property has been released from a state tax lien or that the lien has been subordinated to other liens and encumbrances is conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate. (h) If the certificate of release recorded pursuant to subdivisions (a), (b), and (c) reflects an out-of-state address as the last known address of the taxpayer, the agency shall pay the fees permitted by Sections 27361, 27361.2, 27361.4, and 27361.8. (Amended by Stats. 1987, Ch. 868, Sec. 3.)
  37. 71800.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    This chapter is named the Trial Court Interpreter Employment and Labor Relations Act, and it may be cited by that name.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71800. This chapter shall be known and may be cited as the Trial Court Interpreter Employment and Labor Relations Act. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  38. 71801.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    This section defines key terms for the chapter, sets a meet-and-confer obligation for trial courts and recognized employee organizations, exempts sign language interpreters, and states the section becomes operative on January 1, 2025.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71801. For purposes of this chapter, the following definitions shall apply: (a) “Certified interpreter” and “registered interpreter” have the same meanings as in Article 4 (commencing with Section 68560) of Chapter 2. This chapter does not apply to sign language interpreters. (b) “Court proceedings” has the same meaning as subdivision (a) of Section 68560.5. (c) “Cross-assign” and “cross-assignment” refer to the appointment of a court interpreter employed by a trial court to perform spoken language interpretation services in another trial court, pursuant to Section 71810. (d) “Employee organization” means a labor organization that has as one of its purposes representing employees in their relations with the trial courts. (e) “Intermittent, part-time interpreter” is a court interpreter who works as an intermittent employee on a day-by-day basis as described in Section 71803. (f) “Local compensation” means any amounts paid to employee interpreters by an individual trial court that are not paid pursuant to the regional memorandum of understanding and are not calculated on an hourly basis. (g) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the trial court or regional court interpreter committee and the recognized employee organization through interpretation, suggestion, and advice. (h) “Meet and confer in good faith” means that a trial court or regional court interpreter committee or those representatives it may designate, and representatives of a recognized employee organization, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The process shall include adequate time for the resolution of impasses where specific procedures for resolution are contained in this chapter, or when the procedures are used by mutual consent. (i) “Personnel rules,” “personnel policies, procedures, and plans,” and “rules and regulations” mean policies, procedures, plans, rules, or regulations adopted by a trial court or its designee pertaining to conditions of employment of trial court employees, subject to meet and confer in good faith. (j) “Recognized employee organization” means an employee organization that has been formally acknowledged to represent the court interpreters employed by the trial courts in a region, pursuant to this chapter. (k) “Regional court interpreter employment relations committee” means the committee established pursuant to Section 71807. (l) “Regional transition period” means the period from January 1, 2003, to July 1, 2005, inclusive, except that the transition period for the region may be terminated earlier by a memorandum of understanding or agreement between the regional court interpreter employment relations committee and a recognized employee organization. (m) “Relay interpreting” is the process by which two interpreters with different language pairs work in tandem to communicate between the target language and English. (n) “Transfer” means transfer within the trial court as defined in the trial court’s personnel policies, procedures, and plans, subject to meet and confer in good faith. (o) “Trial court” means the superior court in each county. (p) This section shall become operative on January 1, 2025. (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 556, Sec. 2. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  39. 71802.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    Trial courts generally must use employee interpreters for spoken-language interpretation, but may use independent contractors in specified exception cases.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71802. (a) Trial courts shall appoint trial court employees, rather than independent contractors, to perform spoken language interpretation of trial court proceedings. An interpreter shall be an employee of the trial court or an employee of another trial court on cross-assignment. (b) Notwithstanding subdivision (a), a trial court may appoint an independent contractor to perform spoken language interpretation of trial court proceedings if one or more of the following circumstances exists: (1) An interpreter who is not registered or certified is appointed on a temporary basis pursuant to Rule 2.893 of the California Rules of Court. (2) The interpreter is over 60 years of age on January 1, 2003, or the sum of the interpreter’s age in years on January 1, 2003, and the number of years the interpreter has provided services to the trial courts as an independent contractor prior to January 1, 2003, is equal to or greater than 70, the interpreter has provided services to the trial courts as an independent contractor prior to January 1, 2003, and the interpreter requests in writing prior to June 1, 2003, the opportunity to perform services for the trial court as an independent contractor rather than as an employee. (3) The interpreter is certified or registered and paid directly by the parties in the proceeding. (4) The interpreter has performed services for the trial courts as an independent contractor prior to January 1, 2003, the interpreter notifies the trial court in writing prior to June 1, 2003, that the interpreter is precluded from accepting employment because of the terms of an employment contract with a public agency or the terms of a public employee retirement program, the interpreter provides supporting documentation, and the interpreter requests in writing the opportunity to perform services for the trial court as an independent contractor rather than an employee. (c) Notwithstanding subdivisions (a) and (b), and unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, a trial court may also appoint an independent contractor on a day-to-day basis to perform spoken language interpretation of trial court proceedings if all of the following circumstances exist: (1) The trial court has assigned all the available employees and independent contractors appointed pursuant to paragraphs (2) and (4) of subdivision (b) in the same language pair and has need for additional interpreters. Employees and independent contractors who are appointed pursuant to paragraphs (2) and (4) of subdivision (b) shall be given priority for assignments over independent contractors who are appointed pursuant to this subdivision. (2) The interpreter has not previously been appointed as an independent contractor by the same trial court on more than 100 court days or parts of court days during the same calendar year, except that the trial court may continue to appoint an independent contractor on a day-to-day basis to complete a single court proceeding, if the trial court determines that the use of the same interpreter to complete that proceeding is necessary to provide continuity. An interpreter who has been appointed by a trial court as an independent contractor pursuant to this subdivision on more than 45 court days or parts of court days during the same calendar year shall be entitled to apply for employment by that trial court as an intermittent, part-time interpreter and the trial court shall not refuse to offer employment to the interpreter, except for cause. For purposes of this section, “for cause” means a fair and honest cause or reason regulated by good faith on the part of the party exercising the power. (3) The trial court does not provide an independent contractor appointed pursuant to this subdivision with lesser duties or more favorable working conditions than those to which a court interpreter employed by that trial court would be subject for the purpose of discouraging an interpreter from applying for employment with the trial court. The trial court is not required to apply the employee training, disciplinary, supervisory, and evaluation procedures of the trial court to any independent contractor. (d) Only a registered and certified interpreter may be hired by a trial court as an employee to perform spoken language interpretation of trial court proceedings, except for relay interpreting as described herein. An interpreter who is not certified or registered may be assigned to provide services as an independent contractor only when a certified and registered interpreter is unavailable and the good cause and qualification procedures and guidelines adopted by the Judicial Council pursuant to subdivision (c) of Section 68561 have been followed. If interpretation can be provided through relay interpreting, trial courts may hire a registered or nonregistered relay interpreter as an employee only if the trial court has employed an interpreter of the same second language pair. Unless the judicial officer determines there is a necessity, an interpreter who is not certified in Spanish shall not be assigned to provide services as an independent contractor in Spanish for more than 45 court days or parts of court days within a calendar year, and, for other languages, no more than 75 court days or parts of court days within a calendar year. (e) A trial court that has appointed independent contractors pursuant to paragraph (1) of subdivision (b) or to subdivision (c) for a language pair on more than 60 court days or parts of court days in the prior 180 days shall provide public notice that the court is accepting applications for the position of intermittent, part-time interpreter for that language pair and shall offer employment to qualified applicants. (f) Unless the parties to the dispute agree upon other procedures after the dispute arises, or other procedures are provided in a memorandum of understanding or agreement with a recognized employee organization, disputes concerning a violation of this section shall be submitted for binding arbitration to the California State Mediation and Conciliation Service. (g) This section shall become operative on January 1, 2025. (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 556, Sec. 4. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  40. 71803.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Trial courts must create an intermittent, part-time interpreter classification and follow pay, assignment, benefits, and scheduling rules for it.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71803. (a) In each trial court, there shall be an employee classification entitled “intermittent, part-time interpreter” to perform simultaneous and consecutive interpretation and sight translation in spoken languages for the trial courts. Unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, all of the following applies to employees in this classification: (1) They shall be appointed by the trial court to perform work on an as needed basis. (2) They shall be paid on a per diem basis for work performed. (3) They are not required to receive health, pension, or paid leave benefits. (b) Intermittent, part-time interpreters may accept appointments to provide services in other trial courts pursuant to Section 71810. (c) A trial court may hire registered or nonregistered interpreters as employees to perform relay interpretation. (d) Unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, no rules and regulations or personnel rules shall limit the number of hours or days intermittent, part-time interpreters are permitted to work. (e) This section shall become operative on January 1, 2025. (Repealed (in Sec. 5) and added by Stats. 2023, Ch. 556, Sec. 6. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  41. 71804.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    An intermittent, part-time interpreter may not be employed by more than one trial court, but may take appointments to serve more than one trial court through cross-assignments.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71804.5. (a) An intermittent, part-time interpreter may not be an employee of more than one trial court, but may accept appointments to provide services to more than one trial court through cross-assignments. (b) This section shall become operative on January 1, 2025. (Repealed (in Sec. 8) and added by Stats. 2023, Ch. 556, Sec. 9. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  42. 71806.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Trial courts may hire certified and registered interpreters, but must follow a priority order when filling full-time or part-time interpreter jobs.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71806. (a) Trial courts in the region may employ certified and registered interpreters to perform spoken language interpretation for the trial courts in full-time, part-time, or intermittent, part-time interpreter positions created by the trial courts. (b) For purposes of hiring interpreters for full-time or part-time positions, unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, trial courts shall consider applicants, who shall be eligible for full-time or part-time positions, in the following order of priority: (1) Intermittent, part-time interpreters in the same language who have performed work for that trial court for at least 150 court days or parts of court days during any calendar year, including time spent performing work for the trial court as an independent contractor. (2) Intermittent, part-time interpreters in the same language who have performed work for that trial court for at least 60 court days or parts of court days during any calendar year, including time spent performing work for the trial court as an independent contractor. (3) Other applicants. (c) A trial court may not reject an applicant in favor of an applicant with lower priority except for cause. (d) For purposes of this section, “for cause” means a fair and honest cause or reason regulated by good faith on the part of the party exercising the power. (e) Applicants may be required to provide sufficient documentation to establish that they are entitled to priority in hiring. Trial courts shall make their records of past assignments available to interpreters for the purpose of obtaining that documentation. (f) Unless the parties to a dispute agree upon other procedures after the dispute arises, or other procedures are provided in a memorandum of understanding or agreement with a recognized employee organization, disputes about whether this section has been violated shall be resolved by binding arbitration through the California State Mediation and Conciliation Service. (g) This section shall become operative on January 1, 2025. (Repealed (in Sec. 11) and added by Stats. 2023, Ch. 556, Sec. 12. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  43. 71807.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    The Judicial Council must adopt rules for regional court interpreter employment relations committees, and it may split regions into smaller subregions to help coordinate interpreter cross-assignment.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71807. (a) For purposes of developing regional terms and conditions of employment for court interpreters and for collective bargaining with recognized employee organizations, the trial courts are divided into four regions, as follows: (1) Region 1: Los Angeles, Santa Barbara, and San Luis Obispo Counties. (2) Region 2: Counties of the First and Sixth Appellate Districts, except Solano County. (3) Region 3: Counties of the Third and Fifth Appellate Districts. (4) Region 4: Counties of the Fourth Appellate District. (b) The Judicial Council shall adopt rules for the creation and operation of a regional court interpreter employment relations committee for each region, composed of representatives chosen by the trial courts within the region. (c) The Judicial Council may divide each region into smaller subregions for purposes of coordinating the cross-assignment of court interpreters. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  44. 71808.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    The regional committee sets court-interpreter employment terms for the region, and trial courts may set extra local compensation under good-faith meet-and-confer rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71808. (a) The regional court interpreter employment relations committee shall set terms and conditions of employment for court interpreters within the region, including, but not limited to, hourly rates of pay, subject to meet and confer in good faith. These terms and conditions of employment, when adopted by the regional committee, shall be binding on the trial courts within the region. Hourly rates of pay shall be uniform throughout the region. Unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, other terms and conditions of employment shall be uniform throughout the region, except that health and welfare and pension benefits may be the same as those provided to other employees of the same trial court. (b) Trial courts may set additional local compensation, subject to meet and confer in good faith between the trial court and the recognized employee organization. An agreement establishing local compensation shall be between the trial court and the recognized employee organization, and shall not modify the terms of a regional memorandum of understanding or agreement between the regional court interpreter employment relations committee and the recognized employee organization. (c) Notwithstanding subdivision (a), if more than one region is bargaining in a calendar year, a recognized employee organization is authorized to request a multiregional bargaining. This request is subject to the mutual consent of the recognized employee organization and the regional court interpreter employment relations committee. (Amended by Stats. 2025, Ch. 277, Sec. 1. (AB 792) Effective January 1, 2026.)
  45. 71809.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    The regional court interpreter employment relations committee must represent the trial courts in regional bargaining with a recognized employee organization.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71809. The regional court interpreter employment relations committee shall act as the representative of the trial courts within the region in bargaining with a recognized employee organization. A memorandum of understanding or agreement ratified by the regional court interpreter employment relations committee shall be considered a binding agreement with each trial court within the region. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  46. 71810.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Court interpreters may be cross-assigned, and the Judicial Council must adopt procedures to make cross-assignment efficient.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71810. (a) A court interpreter pro tempore employed by a trial court may accept appointments to provide services to other trial courts. (b) The Judicial Council shall adopt procedures to facilitate the efficient cross-assignment of court interpreters. (c) Based on an assessment of interpreter use and current practices, trial courts may create new employee positions for court interpreters to perform spoken language interpretation for the trial courts in classifications other than court interpreter pro tempore. Some of these positions may include, as part of the duties of the position, the requirement that the interpreter accept cross-assignments, as defined in Section 71801, under procedures adopted by the Judicial Council, and some positions may make the acceptance of cross-assignments optional. Court interpreters pro tempore, and other interpreters who have not accepted employment in a position requiring the interpreter to accept cross-assignments, may not be disciplined for declining a cross-assignment. (d) The impact of cross-assignments shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of court interpreters. The regional court interpreter employment relations committee shall be required to meet and confer in good faith with respect to that impact. (e) A court interpreter on cross-assignment shall be treated for purposes of compensation, employee benefits, seniority, and discipline and grievance procedures, as having performed the services in the trial court in which the interpreter is employed. (f) Court interpreters on cross-assignment shall be reimbursed for mileage and other travel expenses at the same rates as other judicial branch employees. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  47. 71811.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Court interpreters employed by a trial court are generally subject to the same personnel rules as other trial court employees, except where this chapter or an MOU/agreement with a recognized employee organization says otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71811. Except as provided in this chapter, or by a memorandum of understanding or agreement with a recognized employee organization, court interpreters who are employed by a trial court shall be subject to the same personnel rules as other employees of the trial court, subject to meet and confer in good faith. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  48. 71812.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    Each trial court may control court interpreters’ work and may hire, supervise, discipline, and terminate them, subject to this chapter, any memorandum of understanding or agreement with a recognized employee organization, and the trial court’s personnel rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71812. Except as provided in this chapter, or by a memorandum of understanding or agreement with a recognized employee organization, each trial court may control the manner and means of the work performed by court interpreters employed by the trial court and may hire, supervise, discipline, and terminate employment of those court interpreters in accordance with the personnel rules of the trial court, including applicable employee protections and dispute resolution mechanisms. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  49. 71812.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Trial court interpreters may have outside work, but not if it conflicts with their duties or conduct rules. They must disclose prior involvement in the same matter, and they are barred from several self-dealing or misuse practices.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71812.5. (a) Court interpreters employed by the trial courts shall be permitted to engage in outside employment or enterprises, except where that activity would violate the professional conduct requirements set forth in Rule 2.893 of the California Rules of Court, would interfere with the employee’s performance of their duties for the trial courts, or would be incompatible, inconsistent, or in conflict with the duties performed by the employee for the trial courts. (b) Unless the parties consent, an interpreter may not be appointed by the trial court to interpret in a proceeding after having previously interpreted on behalf of one of the parties, rather than on behalf of the court, in that same matter. An interpreter shall disclose that type of prior involvement to the trial court. (c) An interpreter employed by a trial court is prohibited from doing any of the following: (1) Receiving or accepting, directly or indirectly, a gift, including money, service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or seeking to do business of any kind with the trial court or whose activities are regulated or controlled in any way by the trial court, under circumstances from which it reasonably could be inferred that the gift was intended to influence the employee in the performance of their official duties or was intended as a reward for official action of the employee. (2) Using confidential information acquired by virtue of trial court employment for the employee’s private gain or advantage, or for the private gain or advantage of another, or to the employer’s detriment. (3) Using trial court facilities, equipment, or supplies for personal gain or advantage or for the private gain or advantage of another. (4) Using the prestige or influence of trial court office or employment for personal gain or advantage or advantage of another. (5) Using the trial court’s electronic mail facilities to communicate or promote personal causes or gain. (Amended by Stats. 2023, Ch. 556, Sec. 15. (AB 1032) Effective January 1, 2024.)
  50. 71813.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Court interpreters employed by the trial courts have rights to organize, join or decline employee organizations, and represent themselves individually, unless another statute provides otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71813. Except as otherwise provided by statute, court interpreters employed by the trial courts shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Court interpreters employed by the trial courts also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the trial courts. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  51. 71814.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    This section lets a regional court interpreter committee and a recognized employee organization negotiate an agency shop agreement, sets vote and petition rules, exempts certain religious objectors, bars application to management/confidential/supervisory employees, and requires financial reporting and indemnification by the employee organization.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71814. (a) Notwithstanding any other provision of law, rule, or regulation, an agency shop agreement may be negotiated between a regional court interpreter employment relations committee and a recognized employee organization. As used in this chapter, “agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or for a period of three years from the effective date of the agreement, whichever comes first. However, any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting recognized employee organizations may not be required to join or financially support any recognized employee organization as a condition of employment. That employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees to pay sums equal to those dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable organization fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three funds, designated in a memorandum of understanding or agreement between the regional committee and the recognized employee organization, or if the memorandum of understanding or agreement fails to designate any funds, then to any fund chosen by the employee. Proof of those payments shall be made on a monthly basis to the trial court as a condition of continued exemption from the requirement of financial support to the recognized employee organization. (b) An agency shop provision in a memorandum of understanding or agreement which is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding or agreement, if all of the following are satisfied: (1) A request for the vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit. (2) The vote is by secret ballot. (3) The vote is taken at any time during the term of the memorandum of understanding or agreement. No more than one vote may be taken during that term. (c) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the regional court interpreter employment relations committee and a recognized employee organization or recognized employee organizations shall be placed in effect upon (1) a signed petition of at least 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. An election under this subdivision may not be held more frequently than once a year, and shall be conducted by the Division of Conciliation of the Department of Industrial Relations in the event the regional court interpreter employment relations committee and the recognized employee organization cannot agree within 10 days from the filing of a petition to select jointly a neutral person or entity to conduct the election. The recognized employee organization shall hold the regional court interpreter employment relations committee and the trial courts harmless and defend and indemnify the regional court interpreter employment relations committee and trial courts regarding the application of any agency shop requirements or provisions, including, but not limited to, improper deduction of fees, maintenance of records, and improper reporting. (d) Notwithstanding subdivisions (a), (b), and (c), the regional court interpreter employment relations committee and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on any agency shop agreement. (e) An agency shop agreement may not apply to management, confidential, or supervisory employees. (f) Every recognized employee organization that has agreed to an agency shop provision, or is a party to an agency shop arrangement, shall keep an adequate itemized record of its financial transactions and shall make available annually, to the regional court interpreter employment relations committee with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (Griffin-Landrum Act), covering employees governed by this chapter or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the trial court with a copy of those financial reports. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  52. 71815.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    A recognized employee organization may represent its members in trial-court employment matters covered by the chapter, and it may adopt reasonable membership and dismissal rules. Employees may still appear on their own behalf.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71815. A recognized employee organization shall have the right to represent its members in their employment relations with the trial courts as to matters covered by this chapter. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this chapter shall prohibit any employee from appearing on his or her own behalf regarding employment relations. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  53. 71816.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    This section defines what must be included in representation, limits what may be excluded, requires the regional court interpreter employment relations committee to meet and confer in good faith about certain impacts, and gives trial courts the right to decide interpreter assignments and transfers subject to representation rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71816. (a) The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. However, the scope of representation may not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (b) In view of the unique and special responsibilities of the trial courts in the administration of justice, decisions regarding any of the following matters may not be included within the scope of representation: (1) The merits and administration of the trial court system. (2) Coordination, consolidation, and merger of trial courts and support staff. (3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems. (4) Design, construction, and location of court facilities. (5) Delivery of court services. (6) Hours of operation of the trial courts and trial court system. (c) The impact from matters in subdivision (b) shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of court interpreters. The regional court interpreter employment relations committee shall be required to meet and confer in good faith with respect to that impact. (d) The trial courts have the right to determine assignments and transfers of court interpreters, provided that the process, procedures, and criteria for assignments and transfers are included within the scope of representation. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  54. 71817.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

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    The committee must give a recognized employee organization reasonable written notice before adopting covered rules, practices, or policies, and must let it meet with the committee. In an emergency, the committee may adopt immediately, but must give notice and a chance to meet as soon as practicable afterward.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71817. (a) Except in cases of emergency, as provided in this section, the regional court interpreter employment relations committee shall give reasonable written notice to a recognized employee organization affected by any rule, practice, or policy directly relating to matters within the scope of representation proposed to be adopted by the regional court interpreter employment relations committee, and shall give that recognized employee organization the opportunity to meet with the committee. (b) In cases of emergency when the regional court interpreter employment relations committee determines that any rule, policy, or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the regional court interpreter employment relations committee shall provide a notice and opportunity to meet at the earliest practicable time following the adoption of the rule, policy, or procedure. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  55. 71818.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    The regional court interpreter employment relations committee must meet and confer in good faith with recognized employee organizations about wages, hours, and other employment terms, and must fully consider their presentations before deciding policy or action.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71818. The regional court interpreter employment relations committee, or those representatives as it may designate, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment within the scope of representation, as defined in this chapter, with representatives of the recognized employee organizations, and shall consider fully the presentations that are made by the recognized employee organization on behalf of its members prior to arriving at a determination of policy or course of action. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  56. 71819.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    If the committee representatives and a recognized employee organization reach agreement, they must jointly prepare a written memorandum or agreement and submit it to the committee or its designee for ratification.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71819. If agreement is reached by the representatives of the regional court interpreter employment relations committee and a recognized employee organization, they shall jointly prepare a written memorandum of understanding or agreement, which is not binding, and present it to the regional court interpreter employment relations committee or its designee for ratification. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  57. 71820.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    If the committee and the recognized employee organization cannot reach agreement after a reasonable time, they may jointly agree to appoint a mediator. Any mediation costs must be split equally between the trial courts in the region and the recognized employee organization.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71820. If after a reasonable period of time, representatives of the regional court interpreter employment relations committee and the recognized employee organization fail to reach agreement, the regional court interpreter employment relations committee and the recognized employee organization together may agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation, if any, shall be divided one-half to the trial courts within the region and one-half to the recognized employee organization. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  58. 71821.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Trial courts must let a reasonable number of court interpreter employee representatives take reasonable time off, without losing pay or other benefits, for formal meet-and-confer sessions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71821. The trial courts shall allow a reasonable number of court interpreter employee representatives of a recognized employee organization reasonable time off, without loss of compensation or other benefits, when formally meeting and conferring with representatives of the regional court interpreter employment relations committee on matters within the scope of representation. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  59. 71822.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    The trial courts, the regional court interpreter employment relations committee, and employee organizations must not interfere with or mistreat interpreter applicants or employees for protected membership, complaints, meet-and-confer activity, or other rights under this chapter.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71822. The trial courts, the regional court interpreter employment relations committee, and employee organizations may not interfere with, intimidate, restrain, coerce, harass, or discriminate against applicants for interpreter employment or interpreter employees because of their membership in an interpreter association or employee organization, because of their participation in any grievance, complaint, or meet and confer activities, or for the exercise of any other rights granted to interpreter employees under this chapter. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  60. 71823.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    The committee must adopt rules for court interpreter employment relations by April 1, 2003, and interpreters and recognized employee organizations may challenge rules or a trial court’s action as violations of the chapter.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71823. (a) On or before April 1, 2003, the regional court interpreter employment relations committee shall adopt reasonable rules and regulations for the administration of employer-employee relations under this chapter, which shall be binding on the trial courts within the region. These rules shall include provisions for all of the following: (1) Verification that an organization represents employees of the trial courts within the applicable region. (2) Verification of the official status of employee organization officers and representatives. (3) Registration of employee organizations and recognition of these organizations as representatives of interpreters employed by the trial courts in the region. (4) Establishment of a single, regional bargaining unit of all court interpreters employed by the trial courts in the region, including court interpreters pro tempore. (5) Recognition of an employee organization as the exclusive representative of all court interpreters employed by the trial courts in the region, subject to the right of a court interpreter to represent himself or herself, as provided in Section 71813, upon either of the following: (A) Presentation of a petition or cards with the signatures of 50 percent plus one of the court interpreters employed by the trial courts in the region during the payroll period immediately prior to the presentation of the cards or petition, including court interpreters pro tempore, regardless of whether they have been appointed to interpret during that payroll period, if they have worked for the trial courts as independent contractors or employees for at least 15 days in the six months prior to the filing of the petition or cards with those signatures having been obtained within one year prior to presentation of the petition or cards. A signature shall be valid even if the interpreter was not yet an employee at the time the petition or card was signed if the interpreter had previously performed work for the trial courts as an independent contractor, provided that the signature was obtained no more than 90 days before the interpreter became an employee. The results of a request for recognition under this provision shall be certified within 10 days after presentation of the cards or petition. (B) Receipt by the employee organization of 50 percent plus one of the votes cast at a secret ballot representation election conducted by mail. A representation election shall be held within 30 days after presentation of a 30-percent or greater showing of interest from employees eligible to vote in the representation election by means of a petition or cards supported by signatures obtained within one year prior to the presentation of the petitions or cards. A signature shall be valid even if the interpreter was not yet an employee at the time the petition or card was signed if the interpreter had previously performed work for the trial courts as an independent contractor, provided that the signature was obtained no more than 90 days before the interpreter became an employee. All certified and registered interpreters employed by the trial courts in the payroll period immediately prior to the election, including court interpreters pro tempore, shall be eligible to vote in the election, regardless of whether they have been appointed to interpret during that payroll period, so long as they have worked for the trial courts as independent contractors or employees for at least 15 days in the six months prior to the filing of the petition or cards. A list of eligible voters shall be provided to the employee organization within 10 days after submission of the petition or cards. Certification of the results of a representation election shall occur within 30 days after the election is concluded. (6) Procedures for the resolution of disputes involving wages, hours, and other terms and conditions of employment. (7) Access of employee organization officers and representatives to work locations. (8) Use of official bulletin boards and other means of communication by employee organizations. (9) Furnishing nonconfidential information pertaining to employment relations to an employee organization. (10) Revocation of recognition of an employee organization formally recognized as majority representative pursuant to a vote of the employees by a majority vote of the employees only after a period of not less than 12 months following the date of recognition. A vote shall be requested by a petition or cards signed by at least 30 percent of the employees within the bargaining unit, with those signatures having been obtained within one year prior to presentation of the petition or cards. (11) Any other matters that are necessary to carry out the purposes of this chapter. (b) If there is a recognized employee organization in the region, the regional court interpreter employment relations committee may amend the reasonable rules and regulations adopted pursuant to subdivision (a) by adopting reasonable rules and regulations, after meeting and conferring in good faith, for the administration of employer-employee relations under this chapter, which shall be binding on the trial courts within the region. (c) Interpreters and recognized employee organizations shall be able to challenge a rule or regulation of the regional court interpreter employment relations committee or a trial court as a violation of this chapter. (Amended by Stats. 2004, Ch. 227, Sec. 72. Effective August 16, 2004.)
  61. 71824.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    A court interpreter may authorize a dues deduction from salary or wages, and the trial court employer must honor it.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71824. A court interpreter may authorize, and the trial court employer shall honor, a dues deduction from his or her salary or wages as provided in Section 1152, 1153, 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7. (Amended by Stats. 2018, Ch. 53, Sec. 38. (SB 866) Effective June 27, 2018.)
  62. 71825.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    This section gives the board authority over complaints and elections under this chapter, with limits on old charges and certain strike damages.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71825. (a) As used in this section, “board” means the Public Employment Relations Board established pursuant to Section 3541. (b) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (c) and (d). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a regional court interpreter employment relations committee has no rule. (c) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a regional court interpreter employment relations committee pursuant to Section 71823 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter and subdivision (b) of Section 71826. The board shall not issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge, except that if the rules and regulations adopted by a regional court interpreter employment relations committee require exhaustion of a remedy prior to filing an unfair practice charge or the charging party chooses to exhaust a regional court interpreter employment relations committee’s remedy prior to filing an unfair practice charge, the six-month limitation set forth in this subdivision shall be tolled during such reasonable amount of time it takes the charging party to exhaust the remedy, but nothing herein shall require a charging party to exhaust a remedy when that remedy would be futile. (d) The board shall enforce and apply rules adopted by a regional court interpreter employment relations committee concerning unit determinations, representation, recognition, and elections. (e) This section does not apply to employees designated as management employees. (f) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a regional court interpreter employment relations committee if that rule or regulation is itself in violation of this chapter. (Amended by Stats. 2011, Ch. 539, Sec. 6. (SB 857) Effective January 1, 2012.)
  63. 71825.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    This section lets certain aggrieved parties ask for a writ of extraordinary relief from specified board decisions, sets filing deadlines and venue, and gives the board and court enforcement powers.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71825.1. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, and any party to a final decision or order of the board in a unit determination, representation, recognition, or election matter that is not brought as an unfair practice case, may petition for a writ of extraordinary relief from that decision or order. A board order directing an election may not be stayed pending judicial review. (b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over the county where the events giving rise to the decision or order occurred. The petition shall be filed within 30 days from the date of the issuance of the board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a board decision or order has expired, the board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board’s final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order. (Added by Stats. 2004, Ch. 227, Sec. 75. Effective August 16, 2004.)
  64. 71825.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    Certain negotiated written agreements are binding and can be enforced in superior court; if they require arbitration, they are enforced under the arbitration provisions of civil procedure law. The Judicial Council must also adopt court rules to set up the hearing process for these matters.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71825.2. (a) Any written agreements reached through negotiations held pursuant to this article are binding upon the parties, upon adoption under Section 71819, and, notwithstanding Sections 1085 and 1103 of the Code of Civil Procedure requiring the issuance of a writ to an inferior tribunal, any of those agreements may be enforced by petitioning the superior court for relief pursuant to Section 1085 or 1103 of the Code of Civil Procedure. (b) Written agreements reached through negotiations held pursuant to this article that contain provisions requiring the arbitration of controversies arising out of the agreement, shall be subject to enforcement under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (c) The Judicial Council shall adopt rules of court that shall provide a mechanism for the establishment of a panel of court of appeal justices who shall be qualified to hear petitions under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, and writ applications under Sections 1085 and 1103 of the Code of Civil Procedure, and as specified in those rules, from which a single justice shall be assigned to hear the matter in the superior court. The rules of court shall provide that these matters shall be heard in the superior court and, to the extent permitted by law, shall provide that any justice assigned to hear the matter in the superior court shall not be from the court of appeal district in which the action is filed, and shall further provide that appeals in those matters shall be heard in the court of appeal district where the matter was filed. (Added by Stats. 2004, Ch. 227, Sec. 76. Effective August 16, 2004.)
  65. 71826.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    This section says the chapter does not make Labor Code Section 923 apply to court interpreters, and court interpreters and trial courts are generally outside Chapter 10 unless this chapter says otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71826. (a) The enactment of this chapter may not be construed as making Section 923 of the Labor Code applicable to court interpreters. (b) Court interpreters and the trial courts are not covered by Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, or any subsequent changes thereto except as provided in this chapter. However, if the language of this chapter is the same or substantially the same as that contained in Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, it shall be interpreted and applied in accordance with the judicial interpretations of the same language. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  66. 71827.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71827. If any provision of this chapter, or the application thereof, to any person or circumstances, is held invalid, the invalidity may not affect other provisions or application of the chapter that can be given effect without the invalid provisions or application and, to this end the provisions of this chapter are severable. (Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.)
  67. 71828.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. )

    Verify source ↗

    This section exempts certain trial courts and interpreters from the chapter, and limits job-classification or benefit reductions for some interpreters hired before December 31, 2002.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.5. Trial Court Interpreter Employment and Labor Relations Act [71800 - 71828] ( Chapter 7.5 added by Stats. 2002, Ch. 1047, Sec. 2. ) ## 71828. (a) This chapter does not apply to trial courts in Solano and Ventura Counties. Labor and employment relations for court interpreters employed by trial courts in Solano and Ventura Counties shall remain subject to the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600)), and nothing in this chapter shall be construed to affect the application of that act to court interpreters employed by those counties. (b) If an interpreter employed by a trial court in a different county accepts a temporary appointment to perform services for a trial court in Solano or Ventura County, the interpreter shall be treated for purposes of compensation, employee benefits, seniority, and discipline and grievance procedures, as having performed the services in the trial court in which the interpreter is employed. (c) If an interpreter employed by a trial court in Solano or Ventura County accepts a temporary appointment to perform services for another trial court, the interpreter shall be treated for purposes of compensation, employee benefits, seniority, and discipline and grievance procedures, as having performed the services in the trial court in which the interpreter is employed. (d) This chapter also does not apply to court interpreters who have been continuously employed by a trial court in any county beginning prior to September 1, 2002, and who are covered by a memorandum of understanding or agreement entered into pursuant to the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600)), and to future employees hired in the same positions as replacements for those employees unless the position has remained vacant for one year or more. For any other certified or registered interpreters hired by trial courts as employees prior to December 31, 2002, the trial courts may not change existing job classifications and may not reduce their wages and benefits during the regional transition period or during the term of an existing contract, whichever is longer. (e) This section shall become operative on January 1, 2025. (Repealed (in Sec. 16) and added by Stats. 2023, Ch. 556, Sec. 17. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  68. 7190.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 3. Transitional Provisions [7190 - 7191] ( Article 3 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “preexisting state tax lien” and says such liens continue for 10 years, can be extended, and keep their original priority after extension.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 3. Transitional Provisions [7190 - 7191] ( Article 3 added by Stats. 1980, Ch. 600. ) ## 7190. (a) As used in this section, “preexisting state tax lien” means a lien: (1) Created, recorded in any county, or filed with the Secretary of State, prior to July 1, 1978, pursuant to any of the following sections as those sections existed prior to July 1, 1978: Section 8048 of the Fish and Game Code, Section 3423 or 3772 of the Public Resources Code, Section 6757, 6757.5, 7871, 7872, 8991, 8996, 16062, 16063, 18881, 18882.5, 26161, 26161.5, 30322, or 32363 of the Revenue and Taxation Code, or Section 1703 or 1703.5 of the Unemployment Insurance Code. (2) Created, recorded in any county, or filed with the Secretary of State, prior to January 1, 1980, pursuant to Section 3423 of the Public Resources Code as that section existed prior to January 1, 1980. (b) Any preexisting state tax lien, and any rights or causes of action under such lien, shall continue in full force and effect for a period of 10 years from the date of creation, last recordation or filing, or extension thereof and may, within such period of 10 years, be further extended in the manner provided in Section 7172 and notice of the lien may be filed pursuant to Section 7173. Upon recordation or filing of an extension, the preexisting state tax lien shall have the same effect as state tax liens have under this chapter. Such extended lien has the same priority it originally had under the law in effect at the time of its creation or initial recordation or filing. (Added by Stats. 1980, Ch. 600.)
  69. 71900.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.7. Judicial Council Court Interpreter Workforce Study [71900- 71900.] ( Chapter 7.7 added by Stats. 2023, Ch. 556, Sec. 19. )

    Verify source ↗

    The Judicial Council must complete a court interpreter workforce study by January 1, 2026 and send recommendations to the Legislature.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7.7. Judicial Council Court Interpreter Workforce Study [71900- 71900.] ( Chapter 7.7 added by Stats. 2023, Ch. 556, Sec. 19. ) ## 71900. (a) On or before January 1, 2026, the Judicial Council shall conduct a court interpreter workforce study and provide recommendations to the Legislature regarding court interpreter availability and the future court interpreter workforce. (b) The Judicial Council shall work in collaboration with key stakeholder groups, including exclusively recognized employee organizations representing court interpreters and trade associations representing independent court interpreters. (c) The report to be submitted pursuant to this section shall be submitted in compliance with Section 9795. (Added by Stats. 2023, Ch. 556, Sec. 19. (AB 1032) Effective January 1, 2024.)
  70. 7191.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 3. Transitional Provisions [7190 - 7191] ( Article 3 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section says the chapter continues earlier lien provisions and treats existing liens as still effective under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 3. Transitional Provisions [7190 - 7191] ( Article 3 added by Stats. 1980, Ch. 600. ) ## 7191. This chapter is a restatement and continuation of provisions formerly found in Sections 8048 and 8052 of the Fish and Game Code, Sections 3423, 3423.8, and 3772 of the Public Resources Code, Sections 6757, 6758, 6758.5, 6759, 7872, 7873, 7873.5, 8996, 8997, 8997.5, 16063, 16066, 16067, 18881, 18884, 18884.5, 18885, 26161, 26162, 26162.5, 30322, 30323, 30323.5, 30324, and 32363 of the Revenue and Taxation Code, and Sections 1703, 1704, 1704.5, and 1705 of the Unemployment Insurance Code, and with respect to such provisions is not a new enactment. All liens created pursuant to such provisions, or pursuant to Section 38532 or 38533 of the Revenue and Taxation Code, prior to January 1, 1981, and in effect on December 31, 1980, continue in force and effect and are governed by the provisions of this chapter on and after January 1, 1981. (Added by Stats. 1980, Ch. 600.)
  71. 72004.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 1. General Provisions [72004- 72004.] ( Article 1 repealed and added by Stats. 2002, Ch. 784, Sec. 362. )

    Verify source ↗

    Sections 24350 to 24356 and Sections 29350 and 29351 apply to superior court officers and to how fees collected by those officers are handled.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 1. General Provisions [72004- 72004.] ( Article 1 repealed and added by Stats. 2002, Ch. 784, Sec. 362. ) ## 72004. Sections 24350 to 24356, inclusive, and Sections 29350 and 29351 apply to officers of superior courts and to the disposition of fees collected by those officers. (Repealed and added by Stats. 2002, Ch. 784, Sec. 362. Effective January 1, 2003.)
  72. 72112.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 3. Marshal [72112 - 72116] ( Article 3 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    Deputy marshals serving as custodians may be paid only for their actual services as keepers of property taken under legal process.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 3. Marshal [72112 - 72116] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 72112. The deputy marshals serving as custodians shall be paid only for their actual services as keepers of property taken under legal process and shall be paid out of funds deposited by the parties to the action in which such services are rendered. (Added by Stats. 1953, Ch. 206.)
  73. 72116.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 3. Marshal [72112 - 72116] ( Article 3 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    Court-related services are provided by the marshal’s office in Shasta County.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 3. Marshal [72112 - 72116] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 72116. Court-related services are provided by the marshal’s office in Shasta County. (Amended by Stats. 2020, Ch. 210, Sec. 27. (AB 1984) Effective January 1, 2021.)
  74. 72190.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    Court commissioners must carry out the powers and duties set by law, and they may also perform judges’ powers and duties in infraction and small claims matters when directed by the judges. They are ex officio deputy clerks.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. ) ## 72190. Within the jurisdiction of the court and under the direction of the judges, commissioners shall exercise all the powers and perform all of the duties prescribed by law. At the direction of the judges, commissioners may have the same jurisdiction and exercise the same powers and duties as the judges of the court with respect to any infraction or small claims action. They shall be ex officio deputy clerks. (Amended by Stats. 2004, Ch. 811, Sec. 11. Effective January 1, 2005.)
  75. 72190.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    A commissioner may conduct arraignment proceedings on a complaint, and may issue and sign bench warrants, if the presiding judge directs the commissioner to do so.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. ) ## 72190.1. A commissioner may conduct arraignment proceedings on a complaint if directed to perform those duties by the presiding judge of the court, including the issuance and signing of bench warrants. (Amended by Stats. 2002, Ch. 784, Sec. 375. Effective January 1, 2003.)
  76. 72190.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    A commissioner may issue and sign a bench warrant if the presiding judge directs the commissioner to do so.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. ) ## 72190.2. If directed to perform such duties by the presiding judge, a commissioner may issue and sign a bench warrant for the arrest of a defendant who fails to appear in court when required to appear by law or who fails to perform any act required by court order. (Amended by Stats. 2002, Ch. 784, Sec. 376. Effective January 1, 2003.)
  77. 72193.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    If a city charter creates a city prosecutor office and assigns misdemeanor prosecution duties, the city prosecutor may exercise specified powers and must handle related prosecutions, appeals, complaints, bail forfeitures, and habeas corpus proceedings.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 5. Other Officers [72190 - 72193] ( Article 5 added by Stats. 1953, Ch. 206. ) ## 72193. Whenever the charter of any city creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers: (a) The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (b) Whenever any person applying for a writ of habeas corpus is held in custody by any peace officer of such city, charged with having committed within the city any misdemeanor, a copy of the application for such writ shall be served upon such city prosecutor at the time and in the manner provided by law for the service of writs of habeas corpus upon district attorneys. On behalf of the people, the prosecutor shall conduct all proceedings relating to such application. If the constitutionality of any law is questioned in any such habeas corpus proceeding, the city prosecutor shall immediately notify the city attorney who may take charge of the proceedings on behalf of the people, or become associated with the city prosecutor in the proceedings. (Amended by Stats. 1998, Ch. 931, Sec. 323. Effective September 28, 1998.)
  78. 7220.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    A notice of state tax lien may be filed with the Secretary of State when Section 7171 or a specific tax law authorizes it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7220. When authorized by Section 7171 or when specifically authorized by the provisions of particular tax laws, a notice of state tax lien may be filed in the office of the Secretary of State. (Amended by Stats. 1980, Ch. 600.)
  79. 7221.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    A notice of state tax lien must include the matters required by subdivision (c) of Section 7171.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7221. The notice of state tax lien shall set forth the matters required by subdivision (c) of Section 7171. (Amended by Stats. 1980, Ch. 600.)
  80. 7222.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    The Secretary of State must mark, hold, and index the notice as required by Commercial Code Section 9519, treating the notice like a financing statement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7222. The Secretary of State shall cause the notice to be marked, held and indexed in accordance with the provisions of Section 9519 of the Commercial Code as if the notice were a financing statement within the meaning of that code. (Amended (as amended by Stats. 1999, Ch. 991) by Stats. 2000, Ch. 135, Sec. 64. Effective January 1, 2001. Amended version operative July 1, 2001, pursuant to Stats. 1999, Ch. 991, Sec. 75.)
  81. 7223.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    If a state tax lien filing is still effective, certain release-related certificates may be filed with the Secretary of State, who must index and handle them in specific UCC-equivalent ways.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7223. If a certificate or notice of state tax lien has been filed and is still effective, a certificate of release, partial release, or subordination, may be filed in the office of the Secretary of State. The Secretary of State shall: (a) Cause a certificate of release to be marked, held and indexed the same as a termination statement within the meaning of the Uniform Commercial Code, and (b) Cause a certificate of partial release or a certificate of subordination to be marked, held and indexed the same as a release of collateral within the meaning of the Uniform Commercial Code. (Amended by Stats. 1977, Ch. 481.)
  82. 7224.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    A filed state tax lien certificate or notice stays effective for 10 years from filing, and a continuation certificate may be filed during the last six months before that period ends.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7224. (a) A filed certificate or notice of state tax lien is effective for a period of 10 years from the date of filing. The effectiveness of the filed certificate of state tax lien lapses on the expiration of such 10-year period unless a certificate of continuation is filed prior to such lapse. (b) A certificate of continuation may be filed within six months prior to the end of the 10-year period. Upon timely filing of the certificate of continuation, the effectiveness of the original certificate of state tax lien is continued for 10 years from the time when it would otherwise have lapsed, whereupon it lapses in the same manner as provided in subdivision (a) unless another certificate of continuation is filed prior to such lapse. Succeeding certificates of continuation may be filed in the same manner to continue the effectiveness of the original certificate of state tax lien. (Amended by Stats. 1977, Ch. 481.)
  83. 7225.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    The Secretary of State may remove and destroy certain state tax lien records after specified time periods, unless there is notice of a pending action.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7225. Unless the Secretary of State has notice of an action pending relative thereto, he may remove from the files and destroy the certificate or notice of state tax lien one year after the lapse of the certificate or notice or one year after the filing of a certificate of release, whichever is earlier. A certificate of release, partial release, subordination or continuation may be removed from the files and destroyed at the same time that the certificate or notice of state tax lien to which it relates is removed from the files and destroyed. (Amended by Stats. 1977, Ch. 481.)
  84. 7226.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    On request, the Secretary of State must issue a certificate about state tax lien filings and must provide copies of filed certificates or notices.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7226. (a) Upon request of any person, the Secretary of State shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any certificate or notice of state tax lien naming a particular person, and if a certificate or notice is on file, giving the date and hour of filing of each certificate or notice. (b) Upon request, the Secretary of State shall furnish a copy of any certificate or notice filed pursuant to this chapter. The certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section. (Amended by Stats. 1999, Ch. 991, Sec. 45.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  85. 7227.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    Most filings listed here have no fee. A certificate of release costs $2 unless the tax lien notice was filed in error by the agency and that fact is noted on the release.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7227. There is no fee for filing a notice of state tax lien, certificate of partial release, certificate of subordination or certificate of continuation. The fee for filing a certificate of release is two dollars ($2), but there is no fee for filing a certificate of release if the notice of the state tax lien was filed in error by the agency and a statement to that effect is noted on the face of the release. (Amended by Stats. 1980, Ch. 600.)
  86. 7228.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    In this chapter, “state tax” also includes a local tax administered or collected by a state agency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7228. As used in this chapter, “state tax” includes a local tax which is administered or collected by a state agency. (Added by Stats. 1969, Ch. 915.)
  87. 7229.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. )

    Verify source ↗

    The Secretary of State may adopt regulations for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.5. Registration of State Tax Liens [7220 - 7229] ( Chapter 14.5 added by Stats. 1969, Ch. 915. ) ## 7229. The Secretary of State may adopt regulations relating to this chapter. (Added by Stats. 1969, Ch. 915.)
  88. 7230.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.6. Tax-Exempt Organizations [7230- 7230.] ( Chapter 14.6 added by Stats. 2025, Ch. 451, Sec. 1. )

    Verify source ↗

    For state grant, service contract, or public-fund eligibility, a reference to Internal Revenue Code section 501(c)(3) is treated as a reference to Revenue and Taxation Code section 23701d.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14.6. Tax-Exempt Organizations [7230- 7230.] ( Chapter 14.6 added by Stats. 2025, Ch. 451, Sec. 1. ) ## 7230. Notwithstanding any other law, and unless the context clearly requires otherwise, whenever any reference to Section 501(c)(3) of the Internal Revenue Code appears in any statute, regulation, or contract, or in any other code, with respect to determining eligibility for any state grant or service contract, or the disbursement of state or local funds, it shall also be deemed to refer to Section 23701d of the Revenue and Taxation Code. (Added by Stats. 2025, Ch. 451, Sec. 1. (AB 1318) Effective October 7, 2025.)
  89. 72301.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    Certain court, sheriff, and police officers must be available day and night to handle bail, and bail must follow court schedules or warrant amounts.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 72301. The clerk of the superior court or one or more deputy clerks, the sheriff or one or more deputy sheriffs, or one or more city police officers shall be in attendance at all hours of the day and night, including Sundays and holidays, and may fix and accept bail pursuant to procedures established by the court for the appearance before the court of any defendant charged in the court or whenever a defendant has been arrested and booked within the county for having committed a misdemeanor. The amount of bail shall be pursuant to a schedule of bail in such cases previously fixed and approved by the judges of the court at their annual meeting. If a warrant has been issued for the arrest of the defendant, the bail shall be in the amount fixed in the warrant. The bail shall be cash, negotiable United States Treasury bonds, or a surety bond executed by a certified, admitted surety insurer as provided in the Insurance Code. (Amended by Stats. 2002, Ch. 784, Sec. 388. Effective January 1, 2003.)
  90. 72302.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    A court clerk may accept bail for a felony defendant arrested on a warrant issued by that court’s judge, and the bail amount is set by the warrant.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 72302. If a defendant has been arrested for felony upon a warrant issued by a judge of that court, the clerk may, under like conditions, accept bail in the amount fixed in the warrant. (Amended by Stats. 1998, Ch. 931, Sec. 329. Effective September 28, 1998.)
  91. 72303.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    The authority that can accept bail under this article may approve the bail, sign the defendant’s release order, set the defendant’s appearance time and place, and notify the defendant.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 72303. The authority to accept bail provided for in this article includes authority to approve it, to issue and sign an order for the release of the defendant, and to set a time and place for the appearance of the defendant before the appropriate department or judge of such court and give the defendant notice. (Added by Stats. 1953, Ch. 206.)
  92. 72304.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. )

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    A commissioner or traffic referee may exercise the clerk’s bail-related powers and may set bail amounts for certain Vehicle Code misdemeanors and endorse the defendant’s appearance notice.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 8. When Open for Business [72301 - 72304] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 72304. Any commissioner or traffic referee of such court may exercise all of the powers and duties provided for in this article for the clerk relating to bail and the discharge of defendants under bail, and the authority to fix the amount of bail in cases of misdemeanor defined in the Vehicle Code and to endorse it upon the notice for the appearance of the defendant as provided by Section 40511 of the Vehicle Code. Nothing in this article shall be construed to reduce or limit the powers or authority of such commissioners or traffic referees otherwise provided by law. (Amended by Stats. 1970, Ch. 85.)
  93. 72401.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 9. Traffic Referees [72401 - 72403] ( Article 9 added by Stats. 1970, Ch. 85. )

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    A traffic referee may, when directed by the court, perform specified functions in misdemeanor Vehicle Code cases and certain infractions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 9. Traffic Referees [72401 - 72403] ( Article 9 added by Stats. 1970, Ch. 85. ) ## 72401. At the direction of the court the traffic referee may do any of the following: (a) With respect to any misdemeanor violation of the Vehicle Code he may fix the amount of bail, grant continuances, arraign the defendant, hear and recommend orders to be made on demurrers and motions other than for continuances, take pleas and set cases for hearing or trial. (b) With respect to any misdemeanor violation falling within the provisions of subdivision (b) of Section 4200l of the Vehicle Code he may perform any of the duties set forth in subdivision (a) of this section and in addition he may impose a fine following a plea of guilty or nolo contendere not to exceed the bail provided for that offense in the county bail schedule adopted pursuant to subdivision (c) of Section 1269b of the Penal Code and he may order that payment of the fine or any portion thereof be suspended but may not impose express conditions of probation. He may also order the defendant to attend a school for traffic violators pursuant to the provisions of Section 42005 of the Vehicle Code. (c) With respect to any infraction, he may have the same jurisdiction and exercise the same powers and duties as a judge of the court. (Amended by Stats. 1976, Ch. 959.)
  94. 72402.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 9. Traffic Referees [72401 - 72403] ( Article 9 added by Stats. 1970, Ch. 85. )

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    A traffic referee has the same powers as a judge when handling arraignments, pleas, continuances, trial settings, and penalties for traffic offenses.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 9. Traffic Referees [72401 - 72403] ( Article 9 added by Stats. 1970, Ch. 85. ) ## 72402. In conducting arraignments, taking pleas, granting continuances, setting cases for trial and imposing penalties for traffic offenses as provided in this article the traffic referee shall have the same powers as a judge of the court. (Added by Stats. 1970, Ch. 85.)
  95. 72403.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 9. Traffic Referees [72401 - 72403] ( Article 9 added by Stats. 1970, Ch. 85. )

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    A traffic referee has the powers of a deputy clerk of the court and must perform any other duties assigned by the court.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 8. Superior Courts [72004 - 72403] ( Heading of Chapter 8 amended by Stats. 2005, Ch. 75, Sec. 124. ) ## ARTICLE 9. Traffic Referees [72401 - 72403] ( Article 9 added by Stats. 1970, Ch. 85. ) ## 72403. The traffic referee shall have the power of a deputy clerk of the court, and shall perform such other duties as may be assigned by the court. (Amended by Stats. 2002, Ch. 784, Sec. 390. Effective January 1, 2003.)
  96. 7250.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Facilities for Handicapped Persons [7250 - 7252] ( Chapter 15 added by Stats. 1968, Ch. 937. )

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    This chapter applies to public buildings or facilities owned, leased, operated, or managed by state or local public bodies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Facilities for Handicapped Persons [7250 - 7252] ( Chapter 15 added by Stats. 1968, Ch. 937. ) ## 7250. The provisions of this chapter apply to all buildings or other facilities owned, leased, operated or managed by the state, county, city and county, district, or other political subdivision and which are usually or regularly open to the members of the public. (Added by Stats. 1968, Ch. 937.)
  97. 7251.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Facilities for Handicapped Persons [7250 - 7252] ( Chapter 15 added by Stats. 1968, Ch. 937. )

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    If a building has special toilet facilities for wheelchair users or other handicapped persons, a sign showing where those facilities are must be posted.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Facilities for Handicapped Persons [7250 - 7252] ( Chapter 15 added by Stats. 1968, Ch. 937. ) ## 7251. When a building contains special toilet facilities usable by a person in a wheelchair or otherwise handicapped, a sign indicating the location of such facilities shall be posted in the building directory, in the main lobby, or at any entrance specially used by handicapped persons. (Added by Stats. 1968, Ch. 937.)
  98. 7252.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Facilities for Handicapped Persons [7250 - 7252] ( Chapter 15 added by Stats. 1968, Ch. 937. )

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    If a building has a non-main entrance that is ramped or level for handicapped use, a sign showing that entrance’s location must be posted at or near the main entrance and be visible from the adjacent public sidewalk or way.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Facilities for Handicapped Persons [7250 - 7252] ( Chapter 15 added by Stats. 1968, Ch. 937. ) ## 7252. When a building contains an entrance other than the main entrance which is ramped or level for use by handicapped persons, a sign showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way. (Added by Stats. 1968, Ch. 937.)
  99. 7260.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    This section defines key terms used in the relocation assistance chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7260. As used in this chapter: (a) “Public entity” includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state or any entity acting on behalf of these agencies when acquiring real property, or any interest therein, in any city or county for public use, and any person who has the authority to acquire property by eminent domain under state law. (b) “Person” means any individual, partnership, corporation, limited liability company, or association. (c) (1) “Displaced person” means both of the following: (A) Any person who moves from real property, or who moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire, or the acquisition of, the real property, in whole or in part, for a program or project undertaken by a public entity or by any person having an agreement with, or acting on behalf of, a public entity. (ii) As a direct result of the rehabilitation, demolition, or other displacing activity, as the public entity may prescribe under a program or project undertaken by a public entity, of real property on which the person is a residential tenant or conducts a business or farm operation, if the public entity determines that the displacement is permanent. For purposes of this subparagraph, “residential tenant” includes any occupant of a residential hotel unit, as defined in subdivision (b) of Section 50669 of the Health and Safety Code, and any occupant of employee housing, as defined in Section 17008 of the Health and Safety Code, but does not include any person who has been determined to be in unlawful occupancy of the displacement dwelling. (B) Solely for the purposes of Sections 7261 and 7262, any person who moves from real property, or moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire, or the acquisition of, other real property, in whole or in part, on which the person conducts a business or farm operation for a program or project undertaken by a public entity. (ii) As a direct result of the rehabilitation, demolition, or other displacing activity as the public entity may prescribe under a program or project undertaken by a public entity, of other real property on which the person conducts a business or farm operation, in any case in which the public entity determines that the displacement is permanent. (2) This subdivision shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for, or in connection with, a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. (3) Except for persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing that was made available to them on a permanent basis by a public agency and who are required to move from the housing, a “displaced person” shall not include any of the following: (A) Any person who has been determined to be in unlawful occupancy of the displacement dwellings. (B) Any person whose right of possession at the time of moving arose after the date of the public entity’s acquisition of the real property. (C) Any person who has occupied the real property for the purpose of obtaining assistance under this chapter. (D) In any case in which the public entity acquires property for a program or project (other than a person who was an occupant of the property at the time it was acquired), any person who occupies the property for a period subject to termination when the property is needed for the program or project. (E) Any person who donates or willingly sells his or her property for the purposes of protecting fish and wildlife habitat, providing recreational areas, or preserving cultural or agricultural resources and open space, or any person who occupies that property on a rental basis. This subparagraph does not apply when a sale is in response to an eminent domain proceeding. (d) “Business” means any lawful activity, except a farm operation, conducted for any of the following: (1) Primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property. (2) Primarily for the sale of services to the public. (3) Primarily by a nonprofit organization. (4) Solely for the purpose of Section 7262 for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted. (e) “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support. (f) “Affected property” means any real property that actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. (g) “Public use” means a use for which real property may be acquired by eminent domain. (h) “Mortgage” means classes of liens that are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (i) “Comparable replacement dwelling” means any dwelling that is all of the following: (1) Decent, safe, and sanitary. (2) Adequate in size to accommodate the occupants. (3) In the case of a displaced person who is a renter, within the financial means of the displaced person. A comparable replacement dwelling is within the financial means of a displaced person if the monthly rental cost of the dwelling, including estimated average monthly utility costs, minus any replacement housing payment available to the person, does not exceed 30 percent of the person’s average monthly income, unless the displaced person meets one or more of the following conditions, in which case the payment of the monthly rental cost of the comparable replacement dwelling, including estimated average monthly utility costs, minus any replacement housing payment available to the person, shall not exceed 25 percent of the person’s average monthly income: (A) Prior to January 1, 1998, the displaced person received a notice to vacate from a public entity, or from a person having an agreement with a public entity. (B) The displaced person resides on property that was acquired by a public entity, or by a person having an agreement with a public entity, prior to January 1, 1998. (C) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, initiated negotiations to acquire the property on which the displaced person resides. (D) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, entered into an agreement to acquire the property on which the displaced person resides. (E) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, gave written notice of intent to acquire the property on which the displaced person resides. (F) The displaced person is covered by, or resides in an area or project covered by, a final relocation plan that was adopted by the legislative body prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter. (G) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was required to have been submitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice was required to have been provided to occupants of the property prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter. (H) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was submitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice was provided to the public or to occupants of the property prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter, and the person is eventually displaced by the project covered in the proposed relocation plan. (I) The displaced person resides on property for which a contract for acquisition, rehabilitation, demolition, construction, or other displacing activity was entered into by a public entity, or by a person having an agreement with a public entity, prior to January 1, 1998. (J) The displaced person resides on property where an owner participation agreement, or other agreement between a public entity and a private party that will result in the acquisition, rehabilitation, demolition, or development of the property or other displacement, was entered into prior to January 1, 1998, and the displaced person resides in the property at the time of the agreement, provides information to the public entity, or person having an agreement with the public entity, showing that he or she did reside in the property at the time of the agreement and is eventually displaced by the project covered in the agreement. (4) Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, feature-by-feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present. (5) In an area not subject to unreasonable adverse environmental conditions. (6) In a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment. (j) “Displacing agency” means any public entity or person carrying out a program or project which causes a person to be a displaced person for a public project. (k) “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. (l) “Small business” means a business as defined in Part 24 of Title 49 of the Code of Federal Regulations. (m) “Lead agency” means the Department of Housing and Community Development. (Amended by Stats. 2009, Ch. 220, Sec. 1. (AB 94) Effective January 1, 2010.)
  100. 7260.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    Public entities must administer this chapter to reduce waste and costs and to treat displaced persons fairly.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7260.5. (a) The Legislature finds and declares the following: (1) Displacement as a direct result of programs or projects undertaken by a public entity is caused by a number of activities, including rehabilitation, demolition, code enforcement, and acquisition. (2) Relocation assistance policies must provide for fair, uniform, and equitable treatment of all affected persons. (3) The displacement of businesses often results in their closure. (4) Minimizing the adverse impact of displacement is essential to maintaining the economic and social well-being of communities. (5) Implementation of this chapter has resulted in burdensome, inefficient, and inconsistent compliance requirements and procedures which may be improved by establishing a lead agency. (b) This chapter establishes a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a public entity. The primary purpose of this chapter is to ensure that these persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on these persons. (c) The Legislature intends all of the following: (1) Public entities shall carry out this chapter in a manner which minimizes waste, fraud, and mismanagement and reduces unnecessary administrative costs. (2) Uniform procedures for the administration of relocation assistance shall, to the maximum extent feasible, assure that the unique circumstances of any displaced person are taken into account and that persons in essentially similar circumstances are accorded equal treatment under this chapter. (3) The improvement of housing conditions of economically disadvantaged persons under this chapter shall be undertaken, to the maximum extent feasible, in coordination with existing federal, state, and local government programs for accomplishing these goals. (4) The policies and procedures of this chapter shall be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under Title VIII of that act of April 11, 1968 (Public Law 90-284), commonly known as the Civil Rights Act of 1968 and Title VI of the Civil Rights Act of 1964. (Added by Stats. 1989, Ch. 828, Sec. 2.)
  101. 7260.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    Some nonprofit facilities are exempt from rent restrictions under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7260.7. Notwithstanding any other provision of law, in furtherance of the goal set forth in paragraph (3) of subdivision (c) of Section 7260.5, nonprofit facilities subsidized pursuant to any federal or state program for the benefit of low-income tenants that restrict rent increases based on operating cost increases, and that also receive state funds for renovation and rehabilitation involving the temporary relocation of those tenants, shall be exempt from any restrictions on rents imposed pursuant to this chapter. (Added by Stats. 1992, Ch. 1022, Sec. 1. Effective January 1, 1993.)
  102. 7261.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    Public entities must plan displacement-related projects early, provide relocation assistance services, and coordinate those services; they may also create local advisory offices and sometimes extend services to nearby property occupants who suffer substantial economic injury.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7261. (a) Programs or projects undertaken by a public entity shall be planned in a manner that (1) recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of these problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. The head of the displacing agency shall ensure the relocation assistance advisory services described in subdivision (c) are made available to all persons displaced by the public entity. If the agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency may make the advisory services available to the person. (b) In giving this assistance, the public entity may establish local relocation advisory assistance offices to assist in obtaining replacement facilities for persons, businesses, and farm operations which find that it is necessary to relocate because of the acquisition of real property by the public entity. (c) This advisory assistance shall include those measures, facilities, or services which are necessary or appropriate to do all of the following: (1) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance. (2) Provide current and continuing information on the availability, sales prices, and rentals of comparable replacement dwellings for displaced homeowners and tenants, and suitable locations for businesses and farm operations. (3) Assure that, within a reasonable time period prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal government. (4) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of any of the following: (A) A major disaster as defined in Section 102(2) of the federal Disaster Relief Act of 1974. (B) A state of emergency declared by the President or Governor. (C) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person. (5) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location. (6) Supply information concerning other federal and state programs which may be of assistance to those persons in applying for assistance under the program. (7) Provide other advisory services to displaced persons in order to minimize hardships to those persons. (d) The head of the displacing agency shall coordinate its relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or nearby areas which may affect the implementation of its relocation assistance program. (e) Notwithstanding subdivision (c) of Section 7260, in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project, shall be eligible for advisory services to the extent determined by the displacing agency. (Amended by Stats. 1989, Ch. 828, Sec. 3.)
  103. 7261.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity may contract for relocation assistance services and may use housing or similar agencies to help carry out those activities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7261.5. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, a public entity may enter into a contract with any individual, firm, association, or corporation for services in connection with such program, or may carry out its functions under this chapter through any federal, state, or local governmental agency having an established organization for conducting relocation assistance programs. Any public entity may, in carrying out its relocation assistance activities, utilize the services of state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities. (Added by Stats. 1971, Ch. 1574.)
  104. 7262.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    If a public project displaces a person, the person is entitled to relocation payments and related moving expenses, subject to stated caps and conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7262. (a) Whenever a program or project to be undertaken by a public entity will result in the displacement of any person, the displaced person is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary, including expenses for all of the following: (1) Actual and reasonable expenses in moving himself or herself, his or her family, business, or farm operation, or his or her, or his or her family’s, personal property. (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the public entity. (3) Actual and reasonable expenses in searching for a replacement business or farm, not to exceed one thousand dollars ($1,000). (4) Actual and reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed ten thousand dollars ($10,000). (b) Any displaced person eligible for payments under subdivision (a) who is displaced from a dwelling and who elects to accept the payments authorized by this subdivision in lieu of the payments authorized by subdivision (a) shall receive a moving expense and dislocation allowance which shall be determined according to a schedule established by the head of the lead agency. The schedule shall be consistent with the Residential Moving Expense and Dislocation Allowance Payment Schedule established by Part 24 of Title 49 of the Code of Federal Regulations. (c) Any displaced person who moves or discontinues his or her business or farm operation and elects to accept the payment authorized by this subdivision in lieu of the payment authorized by subdivision (a), shall receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that the payment shall not be less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). In the case of a business, no payment shall be made under this subdivision, unless the public entity is satisfied that the business cannot be relocated without substantial loss of patronage and is not part of a commercial enterprise having at least one other establishment not being acquired, engaged in the same or similar business. For purposes of this subdivision, the term “average annual net earnings” means one-half of any net earnings of the business or farm operation before federal, state, and local income taxes during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property being acquired, or during any other period as the public entity determines to be more equitable for establishing earnings, and includes any compensation paid by the business or farm operation to the owner, his or her spouse, or his or her dependents during the two-year or other period. To be eligible for the payment authorized by this subdivision, the business or farm operation shall make available its state income tax records, financial statements, and accounting records, for confidential use pursuant to an audit to determine the payment pursuant to this subdivision. In regard to an outdoor advertising display, payment pursuant to this subdivision shall be limited to the amount necessary to physically move, or replace that display. Any displaced person eligible for payments under subdivision (a) who is displaced from the person’s place of business or farm operation and who is eligible under criteria established by the public entity, may elect to accept a fixed payment in lieu of the payment authorized by subdivision (a). The fixed payment shall not be less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). A person whose sole business at the displacement dwelling is the rental of the property to others shall not qualify for a payment under this subdivision. (d) Whenever the acquisition of real property used for a business or farm operation causes the person conducting the business or farm operation to move from other real property, or to move his or her personal property from other real property, the person shall receive payments for moving and related expenses under subdivision (a) or (b) and relocation advisory assistance under Section 7261 for moving from the other property. (e) Whenever a public entity must pay the cost of moving a displaced person under paragraph (1) of subdivision (a), or subdivision (d): (1) The costs of the move shall be exempt from regulation by the Public Utilities Commission. (2) The public entity may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to the solicitations shall be exempt from regulation by the Public Utilities Commission. (f) No provision of this chapter shall be construed to require a public entity to provide any relocation assistance to a lessee if the property acquired for a program or project is subject to a lease for purposes of conducting farm operations and the public entity agrees to assume all of the terms of that lease. (Amended by Stats. 1993, Ch. 533, Sec. 1. Effective January 1, 1994.)
  105. 7262.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    This section limits permanent housing assistance for certain tenants displaced during publicly funded rehabilitation, and it also requires a right to return and other relocation protections if the listed conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7262.5. Notwithstanding Section 7265.3 or any other provision of law, tenants residing in any rental project who are displaced from the project for a period of one year or less as part of a rehabilitation of that project, that is funded in whole or in part by a public entity, shall not be eligible for permanent housing assistance benefits pursuant to Sections 7264 and 7264.5 if all of the following criteria are satisfied: (a) The project is a “qualified affordable housing preservation project,” which means any complex of two or more units whose owners enter into a recorded regulatory agreement, having a term for the useful life of the project, with any entity for the provision of project rehabilitation financing. For this purpose, the regulatory agreement shall require of the owner and all successors and assigns of the owner, as long as the regulatory agreement is in effect, that at least 49 percent of the tenants in the project have, at the time of the recordation of the regulatory agreement, incomes not in excess of 60 percent of the area median income, adjusted by household size, as determined by the appropriate agency of the state. In addition, a project is a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. (b) The resident is offered the right to return to his or her original unit, or a comparable unit in the same complex if his or her original unit is not otherwise available due to the rehabilitation, with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent at the time of displacement; or up to 30 percent of household income. (c) The estimated time of displacement is reasonable, and the temporary unit is not unreasonably impacted by the effects of the construction, taking into consideration the ages and physical conditions of the members of the displaced household. (d) All other financial benefits and services otherwise required under this chapter are provided to the residents temporarily displaced from their units, including relocation to a comparable replacement unit. Residents shall be temporarily relocated to a unit within the same complex, or to a unit located reasonably near the complex if that unit is in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, services, and the displaced person’s place of employment. (Amended by Stats. 1999, Ch. 83, Sec. 68. Effective January 1, 2000.)
  106. 7263.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must make an additional relocation payment to an eligible owner of acquired property, subject to amount limits and specific occupancy and replacement-dwelling conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7263. (a) In addition to the payments required by Section 7262, the public entity, as a part of the cost of acquisition, shall make a payment to the owner of real property acquired for public use which is improved with a dwelling actually owned and occupied by the owner as a permanent or customary and usual place of abode for not less than 180 days prior to the initiation of negotiation for the acquisition of that property. (b) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), shall be based on the following factors: (1) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the public entity equals the reasonable cost of a comparable replacement dwelling. (2) The amount, if any, which will compensate the displaced owner for any increased interest costs which the owner is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling. All of the mortgages on the acquired dwelling shall be used to compute the payment. The amount shall be computed using the lesser of the principal balance of the mortgage on the replacement dwelling or the outstanding principal balance of the mortgage on the acquired dwelling and the lesser of the remaining term on the acquired dwelling or the actual term of the new mortgage. The present value of the increased interest costs shall be computed based on the lesser of the prevailing interest rate or the actual interest rate on the replacement property. The amount shall also include other reasonable debt service costs incurred by the displaced owner. For the purposes of this subdivision, if the replacement dwelling is a mobilehome, the term “mortgage,” as defined in subdivision (h) of Section 7260, shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of, mobilehomes, together with the credit instruments, if any, secured thereby. (3) Reasonable expenses incurred by the displaced owner for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (c) The additional payment authorized by this section shall be made only to a displaced owner who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year from the later of the following: (1) The date the displaced person receives final payment for the displacement dwelling, or in the case of condemnation, the date the full amount of estimated just compensation is deposited in court. (2) The date the displacing agency fulfulls its obligation to make available at least one comparable replacement dwelling to the displaced person. However, the displacing agency may extend the period for good cause. Also, the displaced owner and the public entity may agree in writing that the displaced owner may remain in occupancy of the acquired dwelling as a tenant of the public entity on the conditions that the displaced owner shall only be entitled to the payment authorized by this section on the date on which the owner moves from the acquired dwelling and that the payment shall be in an amount equal to that to which the owner would have been entitled if the owner had purchased and occupied a replacement dwelling one year subsequent to the date on which final payment was received for the acquired dwelling from the public entity. (d) In implementing this chapter, it is the intent of the Legislature that special consideration be given to the financing and location of a comparable replacement dwelling for displaced persons 62 years of age or older. (Amended by Stats. 1989, Ch. 828, Sec. 6.)
  107. 7263.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A qualifying condominium lease is treated as a purchase for purposes of Section 7263 if it lasts 99 years or longer than the displaced person’s life expectancy under the cited life tables.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7263.5. For purposes of Section 7263, the leasing of a condominium for a 99-year period, or for a term which exceeds the life expectancy of the displaced person as determined from the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education, and Welfare, shall be deemed a purchase of the condominium. (Added by Stats. 1972, Ch. 1173.)
  108. 7264.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must pay certain displaced persons an additional relocation payment, and eligible persons may choose to use that payment for a replacement home purchase.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7264. (a) In addition to the payments required by Section 7262, as a part of the cost of acquisition, the public entity shall make a payment to any displaced person displaced from any dwelling not eligible to receive a payment under Section 7263 which was actually and lawfully occupied by the person as a permanent or customary and usual place of abode for not less than 90 days prior to the initiation of negotiation by the public entity for the acquisition of the dwelling, or in any case in which displacement is not a direct result of acquisition, or any other event which the public entity shall prescribe. (b) The payment, not to exceed five thousand two hundred fifty dollars ($5,250), shall be the additional amount which is necessary to enable the person to lease or rent a comparable replacement dwelling for a period not to exceed 42 months, unless the displaced person meets one or more of the conditions set forth in paragraph (3) of subdivision (i) of Section 7260, in which case the payment, which shall not exceed five thousand two hundred fifty dollars ($5,250), shall be the additional amount which is necessary to enable the person to lease or rent a comparable replacement dwelling for a period not to exceed 48 months. However, publicly funded transportation projects shall make payments enabling the person to lease or rent a comparable replacement dwelling for a period not to exceed 42 months, including compensation for utilities, as provided in subdivision (b) of Section 24.402 of Part 24 of Title 49 of the Code of Federal Regulations. Payments up to the maximum of five thousand two hundred fifty dollars ($5,250) shall be made in a lump sum. Should an agency pay pursuant to Section 7264.5 an amount exceeding the maximum amount, payment may be made periodically. Computation of a payment under this subdivision to a low-income displaced person for a comparable replacement dwelling shall take into account the person’s income. (c) Any person eligible for a payment under subdivision (a) may elect to apply the payment to a downpayment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. The person may, at the discretion of the public entity, be eligible under this subdivision for the maximum payment allowed under subdivision (b), except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment which the person would otherwise have received under subdivision (b) of Section 7263 had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of the negotiations. (d) In implementing this chapter, it is the intent of the Legislature that special consideration shall be given to assisting any displaced person 62 years of age or older to locate or lease or rent a comparable replacement dwelling. (Amended by Stats. 1997, Ch. 597, Sec. 3. Effective January 1, 1998.)
  109. 7264.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must take necessary steps to provide dwellings when replacement housing is unavailable, and no person can be forced to move because of public acquisition unless comparable replacement housing is available.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7264.5. (a) If a program or project undertaken by the public entity cannot proceed on a timely basis because comparable replacement housing is not available and the public entity determines that comparable replacement housing cannot otherwise be made available, the public entity shall take any action necessary or appropriate to provide the dwellings by use of funds authorized for the project. This section shall be construed to authorize the public entity to exceed the maximum amounts which may be paid under Sections 7263 and 7264 on a case-by-case basis for good cause as determined in accordance with rules and regulations adopted by the public entity. Where a displacing agency is undertaking a project with funds administered by a state agency or board, and where the displacing agency has adopted rules and regulations in accordance with Section 7267.8 for the implementation of this chapter, the determination of payments to be made pursuant to this subdivision shall be pursuant to those rules and regulations. (b) No person shall be required to move from his or her dwelling because of its acquisition by a public entity, unless comparable replacement housing is available to the person. (c) For purposes of determining the applicability of subdivision (a), the public entity is hereby designated as a duly authorized administrative body of the state for the purposes of subdivision (c) of Section 408 of the Revenue and Taxation Code. (d) Subdivision (b) shall not apply to a displaced owner who agrees in writing with the public entity to remain in occupancy of the acquired dwelling as provided in subdivision (c) of Section 7263. (Amended by Stats. 1989, Ch. 828, Sec. 8.)
  110. 7265.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must pay an affected property owner who meets this section’s requirements a compensation amount tied to the actual decline in fair market value caused by certain airport-related acquisitions, subject to a $22,500 cap.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7265. (a) In addition to the payments required by Section 7262, as a cost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) The affected property shall be immediately contiguous to property acquired for airport purposes and the owner shall have owned the property affected by acquisition by the public entity not less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. (c) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), shall be the amount, if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of the property. (d) The amount, if any, of actual decline in fair market value of affected property shall be determined according to rules and regulations adopted by the public entity pursuant to this chapter. The rules and regulations shall limit payment under this section only to those circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. (Amended by Stats. 1989, Ch. 828, Sec. 9.)
  111. 7265.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    Public entities may provide relocation payments and assistance, but must do so for covered low- or moderate-income persons and families in certain public-funded rehabilitation cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7265.3. (a) A public entity may make payments in the amounts it deems appropriate, and may provide advisory assistance under this chapter, to a person who moves from a dwelling, or who moves or discontinues his business, as a result of impending rehabilitation or demolition of a residential or commercial structure, or enforcement of building, housing, or health codes by a public entity, or because of systematic enforcement pursuant to Section 37924.5 of the Health and Safety Code, or who moves from a dwelling or who moves or discontinues a business as a result of a rehabilitation or demolition program or enforcement of building codes by the public entity, or because of increased rents to result from such rehabilitation or code enforcement. Payments prescribed by subdivision (b) of Section 7264 may also be made to persons who remain in a dwelling during rehabilitation. Payments authorized by this section and made pursuant to subdivision (b) of Section 7264 may, at the option of the public entity, be computed and reviewed annually based on actual rental increases, and may be paid monthly or annually. A public entity may also give priority to a person who moves from a dwelling, or who remains in a dwelling during rehabilitation, in utilization of local, state, or federal rental assistance programs, either to enable the person to pay increased rents or to move to other suitable housing. A public entity assisting in the financing of rehabilitation may provide some or all of the payments authorized by this section as part of the loan for rehabilitation costs, provided that the public entity makes payments directly to the person who moves or who remains in the dwelling during rehabilitation. (b) A public entity shall make payments in the amounts prescribed by this chapter, and shall provide advisory assistance under this chapter, to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, whose rent, within one year after the rehabilitation of their dwelling is completed, is increased to an amount exceeding 25 percent of their gross income, or who move from their dwelling, as the result of a rehabilitation program in which the rehabilitation work is wholly or partially financed or assisted with public funds provided by or through the public entity. (c) A public entity shall provide temporary housing for up to 90 days to persons displaced by rehabilitation work which is wholly or partially financed or assisted with public funds provided by or through the public entity. (d) A person displaced by rehabilitation work which is wholly or partially financed or assisted with public funds provided by or through the public entity shall, as a condition of the financing or assistance, be given the option of relocating, after rehabilitation, in the dwelling from which the person was displaced. (e) A public entity may limit the amounts of payments made pursuant to subdivision (b), otherwise calculated pursuant to subdivision (b) of Section 7264, to the lesser of: (i) the difference between the increased rent and 25 percent of gross income; or (ii) the difference between the increased rent and the rent immediately before the rehabilitation which was greater than 25 percent of gross income. (f) The payments and advisory assistance as required in this section shall be mandatory only if federal or state funds are available. However, nothing shall preclude the public entity from using local funds. (Amended by Stats. 1980, Ch. 37.)
  112. 7265.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must reimburse the owner for certain conveyance-related expenses, including recording fees, transfer taxes, and similar costs, subject to a fair-and-reasonable limit.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7265.4. In addition to the payments required by Section 7262, as a cost of acquisition, the public entity, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the public entity deems fair and reasonable, for expenses the owner necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the public entity. (Added by Stats. 1971, Ch. 1574.)
  113. 7266.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A city may, by ordinance, designate a relocation appeals board to hear certain appeals, and an aggrieved person may seek review of a payment eligibility or amount determination.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7266. (a) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from all public entities, except those state agencies which have an appeal process, on the eligibility for, or the amount of, a payment authorized by this chapter. (b) Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by this chapter may have the application reviewed by the public entity or by the relocation appeals board if authorized under subdivision (a). The review of a determination by a community redevelopment agency may only be made by a relocation appeals board established pursuant to Section 33417.5 of the Health and Safety Code. (Repealed and added by Stats. 1974, Ch. 47.)
  114. 7267.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    Public entities should follow Sections 7267.1 to 7267.7 as far as practicable when acquiring real property by agreement with owners.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices, public entities shall, to the greatest extent practicable, be guided by the provisions of Sections 7267.1 to 7267.7, inclusive, except that the provisions of subdivision (b) of Section 7267.1 and Section 7267.2 shall not apply to the acquisition of any easement, right-of-way, covenant, or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm water drains. (Amended by Stats. 1975, Ch. 208.)
  115. 7267.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must try to acquire real property by negotiation and have the property appraised before negotiations begin, unless the appraisal is waived under a procedure for low-value sales or donations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.1. (a) The public entity shall make every reasonable effort to acquire expeditiously real property by negotiation. (b) Real property shall be appraised before the initiation of negotiations, and the owner, or the owner’s designated representative, shall be given an opportunity to accompany the appraiser during his or her inspection of the property. However, the public entity may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. (Amended by Stats. 1989, Ch. 828, Sec. 10.)
  116. 7267.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must set just compensation and make a purchase offer before initiating acquisition negotiations, then give the owner key disclosure documents.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.2. (a) (1) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount that it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body’s ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. The amount shall not be less than the public entity’s approved appraisal of the fair market value of the property. A decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. (2) At the time of making the offer described in paragraph (1), the public entity shall provide the property owner with an informational pamphlet detailing the process of eminent domain and the property owner’s rights under the Eminent Domain Law. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning of property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) If appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. (c) Where the property involved is owner-occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. (d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire real property for less than an amount that it believes to be just compensation therefor if (1) the real property is offered for sale by the owner at a specified price less than the amount the public entity believes to be just compensation therefor, (2) the public entity offers a price that is equal to the specified price for which the property is being offered by the landowner, and (3) no federal funds are involved in the acquisition, construction, or project development. (e) As used in subdivision (d), “offered for sale” means any of the following: (1) Directly offered by the landowner to the public entity for a specified price in advance of negotiations by the public entity. (2) Offered for sale to the general public at an advertised or published specified price, set no more than six months prior to, and still available at, the time the public entity initiates contact with the landowner regarding the public entity’s possible acquisition of the property. (Amended by Stats. 2008, Ch. 179, Sec. 84. Effective January 1, 2009.)
  117. 7267.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    When scheduling a public improvement, a public entity must give at least 90 days’ written notice before requiring certain occupants to move.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.3. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm operation, without at least 90 days’ written notice from the public entity of the date by which such move is required. (Added by Stats. 1971, Ch. 1574.)
  118. 7267.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    If a public entity lets an owner or tenant stay in acquired real property on a short-term rental basis, the required rent cannot be more than the property's fair rental value for a short-term occupier.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.4. If the public entity permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (Added by Stats. 1971, Ch. 1574.)
  119. 7267.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    A public entity must not speed up condemnation, delay negotiations or condemnation and court deposit of funds, or use coercive action to force agreement on price.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.5. In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. (Added by Stats. 1971, Ch. 1574.)
  120. 7267.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    If a public entity will acquire an interest in real property through eminent domain, it must start formal condemnation proceedings. It also may not intentionally force the owner to go to court to prove the taking of the property.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.6. If any interest in real property is to be acquired by exercise of the power of eminent domain, the public entity shall institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (Added by Stats. 1971, Ch. 1574.)
  121. 7267.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    If a partial property taking would leave an uneconomic remnant, the public entity must offer to buy the whole property if the owner wants that. A property owner being acquired may, after being fully informed about just compensation, donate the property or related compensation to a public entity of the owner’s choosing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.7. (a) If the acquisition of only a portion of a property would leave the remaining portion in such a shape or condition as to constitute an uneconomic remnant, the public entity shall offer to acquire the entire property if the owner so desires. (b) A person whose real property is being acquired in accordance with this chapter may, after the person has been fully informed of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any compensation paid therefor to a public entity determined by the person. (Amended by Stats. 1989, Ch. 828, Sec. 11.)
  122. 7267.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    Public entities must adopt rules to implement and administer relocation assistance, and for federally funded projects they must provide relocation payments and advisory assistance as required by federal law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.8. (a) All public entities shall adopt rules and regulations to implement payments and to administer relocation assistance under this chapter. These rules and regulations shall be in accordance with the rules and regulations adopted by the Department of Housing and Community Development. (b) Notwithstanding subdivision (a), with respect to a federally funded project, a public entity shall make relocation assistance payments and provide relocation advisory assistance as required under federal law. (Amended by Stats. 1989, Ch. 828, Sec. 12.)
  123. 7267.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

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    Before negotiating to acquire nonprofit special use property, a public entity or public utility must make every reasonable effort to look for alternative property. The rule does not apply in certain transportation acquisitions, or to specified utility and flood-control acquisition actions that do not remove improvements or make the property unusable.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7267.9. (a) Prior to the initiation of negotiations for acquisition by a public entity or public utility of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, the acquiring public entity or public utility shall make every reasonable effort to seek alternative property which is other than nonprofit, special use property. However, this requirement shall not apply to properties acquired by public entities for transportation purposes, including, but not limited to, the construction, expansion, or improvement of streets, highways, or railways. (b) This section does not apply to actions or proceedings commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood control facilities or rights-of-way where those acquisitions neither require removal or destruction of existing improvements, nor render the property unfit for the owner’s present or proposed use. (Added by Stats. 1992, Ch. 7, Sec. 6. Effective January 1, 1993.)
  124. 7269.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    Relocation assistance payments are not treated as income for certain tax and public-assistance purposes, and they cannot be deducted from aid otherwise payable.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7269. (a) No payment received by any person under this chapter or as tenant relocation assistance required by any state statute or local ordinance shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. (b) No payment received by any person under this chapter shall be considered as income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any other provisions of law. (Amended by Stats. 1988, Ch. 1490, Sec. 1.)
  125. 7269.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    If someone receiving relocation benefits is also a general assistance recipient and more than one rent schedule applies, the highest rent schedule controls, and any extra amount above the lower schedule is not counted as income or resources for general assistance.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7269.1. Where a recipient of relocation benefits payments under federal or state law is also a general assistance recipient under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code and two or more rent schedules apply to the recipient, the highest shall prevail and any excess amount over lower rent schedule shall not be counted as income or resources for general assistance purposes under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1974, Ch. 47.)
  126. 7270.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    This chapter does not create a new element of damages in eminent domain condemnation proceedings if the damages did not already exist when the chapter was enacted.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7270. Nothing contained in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of damages not in existence on the date of enactment of this chapter. (Added by Stats. 1969, Ch. 1489.)
  127. 72708.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

    Verify source ↗

    This chapter applies to certain proceedings in the Los Angeles County Superior Court.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72708. This chapter applies to proceedings in the Los Angeles County Superior Court that would have been within the jurisdiction of the former Municipal Court of the Los Angeles Judicial District as of January 21, 2000. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  128. 72709.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

    Verify source ↗

    Official reporters’ salaries and benefits must be paid from the Reporters’ Salary Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72709. The salaries and benefits of official reporters shall be paid from the Reporters’ Salary Fund. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  129. 7271.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7271. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1969, Ch. 1489.)
  130. 72710.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

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    When a court orders it, the per diem fees and benefits of official reporters pro tempore must be paid from the Reporter’s Salary Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72710. On order of the court, the per diem fees and benefits of official reporters pro tempore shall be paid from the Reporter’s Salary Fund. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  131. 72711.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

    Verify source ↗

    Parties must pay certain court reporting and transcription fees as provided, and reporting-service fees must be paid to the court clerk for deposit into the Reporters’ Salary Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72711. (a) Fees for reporting services payable by law by the parties to proceedings in the court to official reporters or official reporters pro tempore shall be paid to the clerk of the court, who shall deposit them in the Reporters’ Salary Fund. (b) Fees for transcription of testimony and proceedings in the court shall be paid by the parties to official reporters and official reporters pro tempore as otherwise provided by law, and in all cases where by law the court may direct the payment of transcription fees out of the Trial Court Operations Fund, the fee on order of the court shall be paid from the Reporters’ Salary Fund, except fees for transcription of testimony and proceedings in felony cases, which shall be paid from the Trial Court Operations Fund. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  132. 72711.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

    Verify source ↗

    Certain court reporting and transcription fees must be paid by the parties, paid to the court clerk, and deposited into the Reporters’ Salary Fund, with a felony-case exception for some transcription fees.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72711.5. The reporting and transcription fees payable pursuant to Section 72711 shall also be payable in the same sums and in the same manner by the parties to proceedings in the court for electronically recording an action or proceeding pursuant to Section 69957 or for transcriptions of testimony and proceedings in the court stenographically recorded. The fees shall be paid to the clerk of the court, who shall deposit them in the Reporters’ Salary Fund. In any case where by law the court may direct the payment of a transcription fee out of the Trial Court Operations Fund, on order of the court the fee for transcription of testimony and proceedings in the court electronically recorded shall be paid from the Reporters’ Salary Fund, except fees for transcription of testimony and proceedings in felony cases, which shall be paid from the Trial Court Operations Fund. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  133. 72712.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

    Verify source ↗

    The clerk of the court must keep a Reporters’ Salary Fund at $750,000 by making proportional deductions from monthly court revenue distributions and depositing the amounts into the fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72712. There shall be set aside from the revenue of the court a revolving fund in the amount of seven hundred fifty thousand dollars ($750,000). The fund shall be known as the Reporters’ Salary Fund. At the time of each monthly distribution of the revenue of the court to the cities within the former Los Angeles Judicial District and to the county within which the district was established, the clerk of the court shall deduct proportionately from their respective total shares such sum as will, when added to the sum then remaining in the fund, equal seven hundred fifty thousand dollars ($750,000) and deposit it in the fund. Such sum shall include the cost incurred pursuant to Section 69957 from electronic recording devices, appurtenant equipment, supplies, recordings, and transcriptions produced from electronic recording of testimony and proceedings in the court. Deductions from the county’s share of the revenue shall be made from that portion of it distributable to the general fund of the county, and deductions from each city’s share shall be made from that portion of it distributable to the general fund of each city. For the purposes of this section the “revenue” of the court includes all fines, forfeitures, and fees accruing to the cities or the county, except law library fees. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  134. 72713.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. )

    Verify source ↗

    If the Reporters’ Salary Fund is short, the court may order the deficiency paid from the Trial Court Operations Fund. The county treasurer is the fund’s depositary and the county auditor is its disbursing agent.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 9. Los Angeles County [72708 - 72713] ( Chapter 9 repealed and added by Stats. 2002, Ch. 784, Sec. 398. ) ## 72713. (a) If at any time the Reporters’ Salary Fund is insufficient, on order of the court the amount of the deficiency shall be paid from the Trial Court Operations Fund. (b) The county treasurer shall be the depositary, and the county auditor the disbursing agent, for the Reporters’ Salary Fund. (Repealed and added by Stats. 2002, Ch. 784, Sec. 398. Effective January 1, 2003.)
  135. 7272.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    A public entity must also follow any other state law that gives the property owner or occupant greater protection than Sections 7265.3 to 7267.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7272. If under any other provision of law of this state the owner or occupant of real property acquired by a public entity for public use is given greater protection than is provided by Sections 7265.3 to 7267.8, inclusive, the public entity shall also comply with such other provision of law. (Repealed and added by Stats. 1971, Ch. 1574.)
  136. 7272.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    The chapter sets minimum requirements for relocation assistance payments by public entities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7272.3. It is the intent of the Legislature, by this chapter, to establish minimum requirements for relocation assistance payments by public entities. This chapter shall not be construed to limit any other authority which a public entity may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter. Any public entity may, also, make any other relocation assistance payment, or may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter, if the making of such payment, or the payment in such amount, is required under federal law to secure federal funds. (Added by Stats. 1971, Ch. 1574.)
  137. 7272.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    This section says the article cannot be read to create new damages in an eminent domain condemnation case before the public entity starts making payments under the article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7272.5. Nothing contained in this article shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of damages not in existence on the date the public entity commences to make payments under the provisions of this article as amended by the act which enacted this section at the 1971 Regular Session of the Legislature. (Added by Stats. 1971, Ch. 1574.)
  138. 7273.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    Any city may use these funds for relocation advisory assistance and relocation payments to persons displaced by city highway or street construction.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7273. Funds received pursuant to Sections 2106 and 2107 of the Streets and Highways Code may be expended by any city to provide relocation advisory assistance, and to make relocation assistance payments, to displaced persons displaced because of the construction of city highways or streets. (Amended by Stats. 1972, Ch. 278.)
  139. 7274.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    Sections 7267 to 7267.7 create no rights or liabilities, and they do not affect the validity of property acquisitions by purchase or condemnation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7274. Sections 7267 to 7267.7, inclusive, create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation. (Added by Stats. 1971, Ch. 1574.)
  140. 7275.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    A public entity that acquires real property by eminent domain, purchase, or exchange must disclose the purchase price and other consideration on request.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7275. Whenever any public entity acquires real property by eminent domain, purchase, or exchange, the purchase price and other consideration paid by such entity is public information and shall be made available upon request from the entity concerned. (Added by Stats. 1975, Ch. 1240.)
  141. 7276.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    If a qualifying eminent-domain consent resolution exists and the authorized person acquires the property, that person must provide relocation advisory assistance and make required payments under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7276. (a) If a resolution is adopted under Section 1245.330 of the Code of Civil Procedure consenting to the acquisition of property by eminent domain and the person authorized by the resolution to acquire the property by eminent domain acquires the property by purchase, eminent domain, or otherwise, that person shall provide relocation advisory assistance and shall make any of the payments required to be made by public entities pursuant to the provisions of this chapter in conformity with this chapter and the guidelines adopted by the Commission of Housing and Community Development pursuant to Section 7268. (b) This section does not apply to public utilities which are subject to the provisions of Article 6 (commencing with Section 600) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code or to public entities which are subject to this chapter. (Amended by Stats. 1989, Ch. 828, Sec. 13.)
  142. 7277.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. )

    Verify source ↗

    Public entities must give written notice to the property owner when making an offer to buy property under subdivision (a), and certain property sales are exempt from the chapter’s relocation assistance requirement if specific conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. Relocation Assistance [7260 - 7277] ( Chapter 16 added by Stats. 1969, Ch. 1489. ) ## 7277. (a) The requirement to provide relocation assistance and benefits imposed by this chapter shall not apply to a purchase of property which is offered for sale by the owner, property being sold at execution or foreclosure sale, or property being sold pursuant to court order or under court supervision if the property in any of the foregoing situations is either occupied by the owner or is unoccupied, and if the offer for sale is not induced by public entity disposition, planned condemnation, or redevelopment of surrounding lands, and if the sales price is fair market value or less, as determined by a qualified appraiser, and if no federal funds are involved in the acquisition, construction, or project development. “Offered for sale” means either advertised for sale in a publication of general circulation published at least once a week or listed with a licensed real estate broker and published in a multiple listing, pursuant to Section 1087 of the Civil Code. (b) At the time of making an offer to acquire property under subdivision (a), public entities shall notify the property owner in writing, of the following: (1) The public entity’s plans for developing the property to be acquired or the surrounding property. (2) Any relocation assistance and benefits provided pursuant to state law which the property owner may be forgoing. (Amended by Stats. 1984, Ch. 1523, Sec. 1.)
  143. 7280.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    This act may be cited as the “Burton-Stull Vietnam Veterans Employment Act.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280. This act shall be known and may be cited as the “Burton-Stull Vietnam Veterans Employment Act.” (Added by Stats. 1974, Ch. 122.)
  144. 7280.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    The Legislature states that employing Vietnam conflict veterans after military separation is a matter of prime public concern and says this chapter was enacted to encourage private-sector employers to hire them.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.1. The Legislature hereby finds and declares that the employment of veterans of the Vietnam conflict after their separation from the armed forces is of prime public concern, and that to encourage employers in the private sector to hire such veterans, this chapter has been enacted. (Added by Stats. 1974, Ch. 122.)
  145. 7280.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    This section defines “veteran” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.2. For the purposes of this chapter “veteran” means any person (1) who served in the active military, naval, or air service of the United States for a period not less than 90 consecutive days or was discharged from the service due to a service-connected disability within such 90-day period, any portion of which was on or after August 5, 1964, and prior to a future date to be established by Proclamation of the Governor, (2) who was honorably discharged from the military service, and (3) who was, at the time of his entry into active duty, a native of or a bona fide resident of this state, or who, if a minor at such time, entered active duty while in the State of California and had lived in this state for six months immediately preceding his entry into active duty. (Added by Stats. 1974, Ch. 122.)
  146. 7280.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    Private employers that hire an unemployed Vietnam conflict veteran may be reimbursed by the state for 50% of the veteran’s wages, subject to wage and duration limits.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.3. Each employer in private employment who hires an unemployed veteran of the Vietnam conflict at not less than the then-current federal minimum wage, or not less than the prevailing wage rate for the industry and occupation at that time, whichever is higher, shall be reimbursed by the state, pursuant to this chapter, in an amount equal to 50 percent of the cost to the employer for any salary or wages paid to such veteran. The maximum duration of the reimbursements to employers provided for by this section shall be 18 months for each veteran employed. (Added by Stats. 1974, Ch. 122.)
  147. 7280.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    Reimbursement payments under Section 7280.3 are to be made to an employer who hires a veteran, as soon as possible after the veteran starts training.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.4. Such payments for reimbursement pursuant to Section 7280.3 shall be made to an employer who hires such a veteran as soon as possible after the veteran commences training. (Amended by Stats. 1974, Ch. 845.)
  148. 7280.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    The Department of Employment Development must administer this chapter and disburse payments under it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.6. The provisions of this chapter shall be administered by, and payments shall be disbursed through, the Department of Employment Development, in addition to any other functions or duties which are imposed upon it by law. (Amended by Stats. 1974, Ch. 845.)
  149. 7280.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    The Director of the Department of Employment Development, or a designee, must certify qualified veterans to employers as trainees and should try to ensure that at least half of certified trainees live in economically disadvantaged areas.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.8. The Director of the Department of Employment Development, or his designee, shall certify to employers such veterans as certified trainees under this chapter as he or his designee shall deem to be qualified for training in employment by such employer. The director or his designee, when certifying trainees to employers, shall make every effort to insure that at least 50 percent of the certified trainees reside in economically disadvantaged areas, as such term is defined in Section 9111 of the Unemployment Insurance Code. (Amended by Stats. 1974, Ch. 845.)
  150. 7280.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    This section defines “certified trainee” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7280.9. (a) For the purposes of this chapter, “certified trainee” means a person who both (1) meets the criteria of Section 7280.2 and (2) has entered into a written agreement called an “apprentice agreement” or a “trainee agreement” with a program sponsor to train under the provisions of such apprenticeship or training standards as are approved under Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (b) Training standards shall be developed in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code and Chapter 2 (commencing with Section 200) of Title 8 of the California Administrative Code. (Added by Stats. 1974, Ch. 122.)
  151. 7281.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    A veteran cannot be certified under Section 7280.8 if any listed employment, labor, safety, or program-integrity condition exists.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7281. No veteran shall be certified under Section 7280.8 if any of the following occur: (a) The director or his designee finds that the employer does not have a reasonable expectation of at least six months continuous full-time employment for each certified trainee certified to him. (b) The director or his designee finds that there is reasonable cause to believe that the employer will demote, discharge, or lay off persons now employed by him and replace such persons with certified trainees. (c) The employer is engaged in a labor dispute. (d) The employment of certified trainees by the employer would constitute a breach of a collective bargaining agreement entered into by the employer. (e) The director or his designee finds that there is no substantial likelihood that the employment offered by the employer to the certified trainee will result in either substantially permanent full-time employment or an upgrading of the certified trainee’s job skills to a level at which reasonably permanent full-time employment may be expected to be available to him in the community. (f) The director or his designee finds that, as to any person or class of persons or employer or class of employers to whom eligible veterans may otherwise be certified as certified trainees, such certification would result in any of the following: (1) Employment involving any condition of wages, hours, conditions of employment, or safety prohibited by law or by a collective bargaining agreement entered into by the employer. (2) A surplus of persons who will be unemployed as a result of such certification. (3) The unlawful employment of minors or the violation of any laws relating to compulsory school attendance. (4) Detriment to the health or welfare of any person. (5) When it is found that the existing prevailing conditions in the area and industry would in any way be lowered or adversely affected. (g) The employer is a party to any contract or agreement to receive federal reimbursement for training the individual veteran. The director may, pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of this code, make all necessary and reasonable regulations to prevent any abuses of the reimbursement program established under this chapter and for the administration of this section and Section 7280.8, and may obtain the assistance of any public or private agencies in finding and encouraging suitable employers to offer employment pursuant to this chapter. (Amended by Stats. 1974, Ch. 845.)
  152. 7281.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    An employer may not receive reimbursement for chapter costs when the veteran trainee was previously employed by that employer or is the employer’s close family member.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7281.2. No employer may receive any reimbursement for costs specified in this chapter if the veteran whom he hires as a trainee is a person whom the employer had previously employed, or a member of the employer’s immediate family or related within the first degree. (Amended by Stats. 1974, Ch. 845.)
  153. 7281.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. )

    Verify source ↗

    Some appropriated chapter funds may be used for advertising and mailing costs to inform state employers about this chapter and other programs for unemployed Vietnam veterans, as determined by the Director of the Department of Employment Development.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Employment of Veterans [7280 - 7281.4] ( Chapter 17 added by Stats. 1974, Ch. 122. ) ## 7281.4. Such portion of the funds appropriated each year by the Legislature for the purposes of this chapter as the Director of the Department of Employment Development shall determine may be used for advertising and mailing costs to inform employers in the state of the provisions of this chapter and any other programs for unemployed Vietnam veterans. (Added by Stats. 1974, Ch. 122.)
  154. 7282.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.1. Standards for Responding to United States Immigration and Customs Enforcement Holds [7282 - 7282.5] ( Chapter 17.1 added by Stats. 2013, Ch. 570, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter about responding to immigration enforcement holds.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.1. Standards for Responding to United States Immigration and Customs Enforcement Holds [7282 - 7282.5] ( Chapter 17.1 added by Stats. 2013, Ch. 570, Sec. 2. ) ## 7282. For purposes of this chapter, the following terms have the following meanings: (a) “Conviction” shall have the same meaning as subdivision (d) of Section 667 of the Penal Code. (b) “Eligible for release from custody” means that the individual may be released from custody because one of the following conditions has occurred: (1) All criminal charges against the individual have been dropped or dismissed. (2) The individual has been acquitted of all criminal charges filed against him or her. (3) The individual has served all the time required for his or her sentence. (4) The individual has posted a bond. (5) The individual is otherwise eligible for release under state or local law, or local policy. (c) “Hold request,” “notification request,” and “transfer request” have the same meanings as provided in Section 7283. Hold, notification, and transfer requests include requests issued by the United States Immigration and Customs Enforcement or the United States Customs and Border Protection as well as any other immigration authorities. (d) “Law enforcement official” means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. (e) “Local agency” means any city, county, city and county, special district, or other political subdivision of the state. (f) “Serious felony” means any of the offenses listed in subdivision (c) of Section 1192.7 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code. (g) “Violent felony” means any of the offenses listed in subdivision (c) of Section 667.5 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a violent felony as defined by subdivision (c) of Section 667.5 of the Penal Code. (Amended by Stats. 2017, Ch. 495, Sec. 1. (SB 54) Effective January 1, 2018.)
  155. 7282.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.1. Standards for Responding to United States Immigration and Customs Enforcement Holds [7282 - 7282.5] ( Chapter 17.1 added by Stats. 2013, Ch. 570, Sec. 2. )

    Verify source ↗

    Law enforcement officials may cooperate with immigration authorities only when doing so does not violate law or local policy, and cooperation is barred for certain misdemeanor history cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.1. Standards for Responding to United States Immigration and Customs Enforcement Holds [7282 - 7282.5] ( Chapter 17.1 added by Stats. 2013, Ch. 570, Sec. 2. ) ## 7282.5. (a) A law enforcement official shall have discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy, and where permitted by the California Values Act (Chapter 17.25 (commencing with Section 7284)). Additionally, the specific activities described in subparagraph (C) of paragraph (1) of subdivision (a) of, and in paragraph (4) of subdivision (a) of, Section 7284.6 shall only occur under the following circumstances: (1) The individual has been convicted of a serious or violent felony identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of Section 667.5 of, the Penal Code. (2) The individual has been convicted of a felony punishable by imprisonment in the state prison. (3) The individual has been convicted within the past five years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony for, or has been convicted within the last 15 years of a felony for, any of the following offenses: (A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code. (B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code. (C) Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code. (D) Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code. (E) Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code. (F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code. (G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony. (H) Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code. (I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code. (J) Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code. (K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of Section 26100 of, the Penal Code. (L) Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010 (Part 6 (commencing with Section 16000) of the Penal Code). (M) An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances. (N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code. (O) Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code. (P) An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal Code, to commit an offense specified in this section. (Q) A crime resulting in death, or involving the personal infliction of great bodily injury, as specified in, but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code. (R) Possession or use of a firearm in the commission of an offense. (S) An offense that would require the individual to register as a sex offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code. (T) False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code. (U) Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code. (V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code. (W) A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code. (X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code. (Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code. (Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code. (AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code. (AB) An offense committed while on bail or released on his or her own recognizance, as specified in, but not limited to, Section 12022.1 of the Penal Code. (AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section 287 or of former Section 288a of, and subdivisions (a) and (j) of Section 289 of, the Penal Code. (AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code. (AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code. (4) The individual is a current registrant on the California Sex and Arson Registry. (5) The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. (6) In no case shall cooperation occur pursuant to this section for individuals arrested, detained, or convicted of misdemeanors that were previously felonies, or were previously crimes punishable as either misdemeanors or felonies, prior to passage of the Safe Neighborhoods and Schools Act of 2014 as it amended the Penal Code. (b) In cases in which the individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, respectively, or a felony that is punishable by imprisonment in state prison, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code, a law enforcement official shall additionally have discretion to cooperate with immigration officials pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 7284.6. (Amended by Stats. 2018, Ch. 423, Sec. 28. (SB 1494) Effective January 1, 2019.)
  156. 7283.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs [7283 - 7283.2] ( Chapter 17.2 added by Stats. 2016, Ch. 768, Sec. 3. )

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    This section defines several terms used in the chapter, including “community forum,” “hold request,” “governing body,” “ICE access,” “local law enforcement agency,” “notification request,” and “transfer request.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs [7283 - 7283.2] ( Chapter 17.2 added by Stats. 2016, Ch. 768, Sec. 3. ) ## 7283. For purposes of this chapter, the following terms have the following meanings: (a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance. (b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D. (c) “Governing body” with respect to a county, means the county board of supervisors. (d) “ICE access” means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following: (1) Responding to an ICE hold, notification, or transfer request. (2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise. (3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise. (4) Allowing ICE to interview an individual. (5) Providing ICE information regarding dates and times of probation or parole check-ins. (e) “Local law enforcement agency” means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions. (f) “Notification request” means an Immigration and Customs Enforcement request that a local law enforcement agency inform ICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N. (g) “Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X. (Added by Stats. 2016, Ch. 768, Sec. 3. (AB 2792) Effective January 1, 2017.)
  157. 7283.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs [7283 - 7283.2] ( Chapter 17.2 added by Stats. 2016, Ch. 768, Sec. 3. )

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    Local law enforcement must give people written ICE-interview consent forms, provide copies and notices, and local governing bodies must hold a public community forum in certain cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs [7283 - 7283.2] ( Chapter 17.2 added by Stats. 2016, Ch. 768, Sec. 3. ) ## 7283.1. (a) In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the individual may decline to be interviewed or may choose to be interviewed only with the individual’s attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost. (b) Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall provide a copy of the request to the individual and inform the individual whether the law enforcement agency intends to comply with the request. If a local law enforcement agency provides ICE with notification that an individual is being, or will be, released on a certain date, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to the individual’s attorney or to one additional person who the individual shall be permitted to designate. (c) All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. (d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted. (Amended by Stats. 2021, Ch. 615, Sec. 146. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  158. 7283.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs [7283 - 7283.2] ( Chapter 17.2 added by Stats. 2016, Ch. 768, Sec. 3. )

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    This section says the chapter does not give, expand, or ratify any state or local law enforcement agency’s authority to detain someone based on an ICE hold request.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs [7283 - 7283.2] ( Chapter 17.2 added by Stats. 2016, Ch. 768, Sec. 3. ) ## 7283.2. Nothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE hold request. (Added by Stats. 2016, Ch. 768, Sec. 3. (AB 2792) Effective January 1, 2017.)
  159. 7284.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    This chapter is known as the California Values Act and may be cited by that name.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284. This chapter shall be known, and may be cited, as the California Values Act. (Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
  160. 7284.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    The Department of Corrections and Rehabilitation must give people in custody written notice before certain ICE interviews, and must provide copies of ICE requests and say whether it intends to comply. It may not restrict educational or rehabilitative access, or use citizenship or immigration status in custodial classification, on the terms stated.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284.10. (a) The Department of Corrections and Rehabilitation shall: (1) In advance of any interview between the United States Immigration and Customs Enforcement (ICE) and an individual in department custody regarding civil immigration violations, provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. (2) Upon receiving any ICE hold, notification, or transfer request, provide a copy of the request to the individual and inform him or her whether the department intends to comply with the request. (b) The Department of Corrections and Rehabilitation shall not: (1) Restrict access to any in-prison educational or rehabilitative programming, or credit-earning opportunity on the sole basis of citizenship or immigration status, including, but not limited to, whether the person is in removal proceedings, or immigration authorities have issued a hold request, transfer request, notification request, or civil immigration warrant against the individual. (2) Consider citizenship and immigration status as a factor in determining a person’s custodial classification level, including, but not limited to, whether the person is in removal proceedings, or whether immigration authorities have issued a hold request, transfer request, notification request, or civil immigration warrant against the individual. (Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
  161. 7284.12.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    This section says the act is severable.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284.12. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
  162. 7284.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    This section states the Legislature’s findings about immigrants, public safety, and the effects of involving state and local agencies in federal immigration enforcement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284.2. The Legislature finds and declares the following: (a) Immigrants are valuable and essential members of the California community. Almost one in three Californians is foreign born and one in two children in California has at least one immigrant parent. (b) A relationship of trust between California’s immigrant community and state and local agencies is central to the public safety of the people of California. (c) This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians. (d) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments. (e) State and local participation in federal immigration enforcement programs also raises constitutional concerns, including the prospect that California residents could be detained in violation of the Fourth Amendment to the United States Constitution, targeted on the basis of race or ethnicity in violation of the Equal Protection Clause, or denied access to education based on immigration status. See Sanchez Ochoa v. Campbell, et al. (E.D. Wash. 2017) 2017 WL 3476777; Trujillo Santoya v. United States, et al. (W.D. Tex. 2017) 2017 WL 2896021; Moreno v. Napolitano (N.D. Ill. 2016) 213 F. Supp. 3d 999; Morales v. Chadbourne (1st Cir. 2015) 793 F.3d 208; Miranda-Olivares v. Clackamas County (D. Or. 2014) 2014 WL 1414305; Galarza v. Szalczyk (3d Cir. 2014) 745 F.3d 634. (f) This chapter seeks to ensure effective policing, to protect the safety, well-being, and constitutional rights of the people of California, and to direct the state’s limited resources to matters of greatest concern to state and local governments. (g) It is the intent of the Legislature that this chapter shall not be construed as providing, expanding, or ratifying any legal authority for any state or local law enforcement agency to participate in immigration enforcement. (Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
  163. 7284.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    This section defines key terms used in the chapter on cooperation with immigration authorities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284.4. For purposes of this chapter, the following terms have the following meanings: (a) “California law enforcement agency” means a state or local law enforcement agency, including school police or security departments. “California law enforcement agency” does not include the Department of Corrections and Rehabilitation. (b) “Civil immigration warrant” means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database. (c) “Immigration authority” means any federal, state, or local officer, employee, or person performing immigration enforcement functions. (d) “Health facility” includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities. (e) “Hold request,” “notification request,” “transfer request,” and “local law enforcement agency” have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities. (f) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. (g) “Joint law enforcement task force” means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes. (h) “Judicial probable cause determination” means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual. (i) “Judicial warrant” means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant. (j) “Public schools” means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges. (k) “School police and security departments” includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. (Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
  164. 7284.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    California law enforcement agencies are barred from using resources for immigration enforcement and must follow reporting rules for certain task-force and transfer activities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284.6. (a) California law enforcement agencies shall not: (1) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following: (A) Inquiring into an individual’s immigration status. (B) Detaining an individual on the basis of a hold request. (C) Providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information unless that information is available to the public, or is in response to a notification request from immigration authorities in accordance with Section 7282.5. Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy. (D) Providing personal information, as defined in Section 1798.3 of the Civil Code, about an individual, including, but not limited to, the individual’s home address or work address unless that information is available to the public. (E) Making or intentionally participating in arrests based on civil immigration warrants. (F) Assisting immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code. (G) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal. (2) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency. (3) Use immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody. (4) Transfer an individual to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or in accordance with Section 7282.5. (5) Provide office space exclusively dedicated for immigration authorities for use within a city or county law enforcement facility. (6) Contract with the federal government for use of California law enforcement agency facilities to house individuals as federal detainees for purposes of civil immigration custody, except pursuant to Chapter 17.8 (commencing with Section 7310). (b) Notwithstanding the limitations in subdivision (a), this section does not prevent any California law enforcement agency from doing any of the following that does not violate any policy of the law enforcement agency or any local law or policy of the jurisdiction in which the agency is operating: (1) Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for a violation of, Section 1326(a) of Title 8 of the United States Code that may be subject to the enhancement specified in Section 1326(b)(2) of Title 8 of the United States Code and that is detected during an unrelated law enforcement activity. Transfers to immigration authorities are permitted under this subsection only in accordance with paragraph (4) of subdivision (a). (2) Responding to a request from immigration authorities for information about a specific person’s criminal history, including previous criminal arrests, convictions, or similar criminal history information accessed through the California Law Enforcement Telecommunications System (CLETS), where otherwise permitted by state law. (3) Conducting enforcement or investigative duties associated with a joint law enforcement task force, including the sharing of confidential information with other law enforcement agencies for purposes of task force investigations, so long as the following conditions are met: (A) The primary purpose of the joint law enforcement task force is not immigration enforcement, as defined in subdivision (f) of Section 7284.4. (B) The enforcement or investigative duties are primarily related to a violation of state or federal law unrelated to immigration enforcement. (C) Participation in the task force by a California law enforcement agency does not violate any local law or policy to which it is otherwise subject. (4) Making inquiries into information necessary to certify an individual who has been identified as a potential crime or trafficking victim for a T or U Visa pursuant to Section 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of the United States Code or to comply with Section 922(d)(5) of Title 18 of the United States Code. (5) Giving immigration authorities access to interview an individual in agency or department custody. All interview access shall comply with requirements of the TRUTH Act (Chapter 17.2 (commencing with Section 7283)). (c) (1) If a California law enforcement agency chooses to participate in a joint law enforcement task force, for which a California law enforcement agency has agreed to dedicate personnel or resources on an ongoing basis, it shall submit a report annually to the Department of Justice, as specified by the Attorney General. The law enforcement agency shall report the following information, if known, for each task force of which it is a member: (A) The purpose of the task force. (B) The federal, state, and local law enforcement agencies involved. (C) The total number of arrests made during the reporting period. (D) The number of people arrested for immigration enforcement purposes. (2) All law enforcement agencies shall report annually to the Department of Justice, in a manner specified by the Attorney General, the number of transfers pursuant to paragraph (4) of subdivision (a), and the offense that allowed for the transfer pursuant to paragraph (4) of subdivision (a). (3) All records described in this subdivision shall be public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. To the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation or a related investigation, that information shall not be disclosed. (4) If more than one California law enforcement agency is participating in a joint task force that meets the reporting requirement pursuant to this section, the joint task force shall designate a local or state agency responsible for completing the reporting requirement. (d) The Attorney General, by March 1, 2019, and annually thereafter, shall report on the total number of arrests made by joint law enforcement task forces, and the total number of arrests made for the purpose of immigration enforcement by all task force participants, including federal law enforcement agencies. To the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation or a related investigation, that information shall not be included in the Attorney General’s report. The Attorney General shall post the reports required by this subdivision on the Attorney General’s internet website. (e) This section does not prohibit or restrict any government entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local government entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (f) Nothing in this section shall prohibit a California law enforcement agency from asserting its own jurisdiction over criminal law enforcement matters. (Amended by Stats. 2021, Ch. 615, Sec. 147. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  165. 7284.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. )

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    The Attorney General must publish model policies and database guidance on immigration enforcement limits, and certain public institutions must implement the model policy or an equivalent one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.25. Cooperation with Immigration Authorities [7284 - 7284.12] ( Chapter 17.25 added by Stats. 2017, Ch. 495, Sec. 3. ) ## 7284.8. (a) The Attorney General, by October 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, the Agricultural Labor Relations Board, the Division of Workers Compensation, and shelters, and ensuring that they remain safe and accessible to all California residents, regardless of immigration status. All public schools, health facilities operated by the state or a political subdivision of the state, and courthouses shall implement the model policy, or an equivalent policy. The Agricultural Labor Relations Board, the Division of Workers’ Compensation, the Division of Labor Standards Enforcement, shelters, libraries, and all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy. (b) For any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, the Attorney General shall, by October 1, 2018, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement. All state and local law enforcement agencies are encouraged to adopt necessary changes to database governance policies consistent with that guidance. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the Department of Justice may implement, interpret, or make specific this chapter without taking any regulatory action. (Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
  166. 7285.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. )

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    State-law protections, rights, and remedies are available to covered workers regardless of immigration status, except reinstatement remedies barred by federal law. In related enforcement proceedings or discovery, immigration status generally cannot be inquired into unless clear and convincing evidence shows the inquiry is needed to comply with federal immigration law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. ) ## 7285. The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. (b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law. (c) The provisions of this section are declaratory of existing law. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2017, Ch. 160, Sec. 2. (AB 1690) Effective January 1, 2018.)
  167. 7285.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. )

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    Employers and people acting for them must not voluntarily let immigration enforcement agents into nonpublic areas of a place of labor, unless federal law requires otherwise or the agent has a judicial warrant.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. ) ## 7285.1. (a) Except as otherwise required by federal law, an employer, or a person acting on behalf of the employer, shall not provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor. This section does not apply if the immigration enforcement agent provides a judicial warrant. (b) An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to enter a nonpublic area of a place of labor without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of locations affected in a day. (c) This section shall not preclude an employer or person acting on behalf of an employer from taking the immigration enforcement agent to a nonpublic area, where employees are not present, for the purpose of verifying whether the immigration enforcement agent has a judicial warrant, provided no consent to search nonpublic areas is given in the process. (d) The exclusive authority to enforce this section is granted to the Labor Commissioner or the Attorney General and enforcement shall be through civil action. Any penalty recovered shall be deposited in the Labor Enforcement and Compliance Fund. (e) This section applies to public and private employers. (Added by Stats. 2017, Ch. 492, Sec. 1. (AB 450) Effective January 1, 2018.)
  168. 7285.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. )

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    Employers and people acting for them generally may not voluntarily let an immigration enforcement agent access, review, or obtain employee records without a subpoena or judicial warrant.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. ) ## 7285.2. (a) (1) Except as otherwise required by federal law, and except as provided in paragraph (2), an employer, or a person acting on behalf of the employer, shall not provide voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant. This section does not prohibit an employer, or person acting on behalf of an employer, from challenging the validity of a subpoena or judicial warrant in a federal district court. (2) This subdivision shall not apply to I-9 Employment Eligibility Verification forms and other documents for which a Notice of Inspection has been provided to the employer. (b) An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to access, review, or obtain the employer’s employee records without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of employee records accessed, reviewed, or obtained. (c) The exclusive authority to enforce this section is granted to the Labor Commissioner or the Attorney General and enforcement shall be through civil action. Any penalty recovered shall be deposited in the Labor Enforcement and Compliance Fund. (d) This section applies to public and private employers. (Added by Stats. 2017, Ch. 492, Sec. 2. (AB 450) Effective January 1, 2018.)
  169. 7285.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. )

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    This section says nothing in the chapter may be read to restrict or limit an employer’s compliance with a memorandum of understanding about using the federal E-Verify system.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.3. Enforcement Actions [7285 - 7285.3] ( Chapter 17.3 added by Stats. 2002, Ch. 1071, Sec. 2. ) ## 7285.3. In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system. (Added by Stats. 2017, Ch. 492, Sec. 3. (AB 450) Effective January 1, 2018.)
  170. 7286.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.4. Law Enforcement Use of Force Policies [7286 - 7286.5] ( Chapter 17.4 added by Stats. 2019, Ch. 285, Sec. 2. )

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    Law enforcement agencies must maintain a use-of-force policy with specified contents, and officers must follow several use-of-force rules such as de-escalation, proportional force, reporting, interceding, and medical aid.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.4. Law Enforcement Use of Force Policies [7286 - 7286.5] ( Chapter 17.4 added by Stats. 2019, Ch. 285, Sec. 2. ) ## 7286. (a) For the purposes of this section: (1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, the discharge of a firearm. (2) “Excessive force” means a level of force that is found to have violated Section 835a of the Penal Code, the requirements on the use of force required by this section, or any other law or statute. (3) “Feasible” means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person. (4) “Intercede” includes, but is not limited to, physically stopping the excessive use of force, recording the excessive force, if equipped with a body-worn camera, and documenting efforts to intervene, efforts to de-escalate the offending officer’s excessive use of force, and confronting the offending officer about the excessive force during the use of force and, if the officer continues, reporting to dispatch or the watch commander on duty and stating the offending officer’s name, unit, location, time, and situation, in order to establish a duty for that officer to intervene. (5) “Law enforcement agency” means any police department, sheriff’s department, district attorney, county probation department, transit agency police department, school district police department, the police department of any campus of the University of California, the California State University, or community college, the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Justice. (6) “Retaliation” means demotion, failure to promote to a higher position when warranted by merit, denial of access to training and professional development opportunities, denial of access to resources necessary for an officer to properly perform their duties, or intimidation, harassment, or the threat of injury while on duty or off duty. (b) Each law enforcement agency shall, by no later than January 1, 2021, maintain a policy that provides a minimum standard on the use of force. Each agency’s policy shall include all of the following: (1) A requirement that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. (2) A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. (3) A requirement that officers immediately report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer. (4) A prohibition on retaliation against an officer who reports a suspected violation of a law or regulation by another officer to a supervisor or other person at the law enforcement agency who has the authority to investigate the violation. (5) Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person. (6) A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm. (7) Procedures for disclosing public records in accordance with Section 832.7. (8) Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents. (9) A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. (10) Comprehensive and specific guidelines regarding approved methods and devices available for the application of force. (11) An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased. (12) Comprehensive and specific guidelines for the application of deadly force. (13) Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2. (14) The role of supervisors in the review of use of force applications. (15) A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so. (16) Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency’s use of force policy by officers, investigators, and supervisors. (17) Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities. (18) Procedures to prohibit an officer from training other officers for a period of at least three years from the date that an abuse of force complaint against the officer is substantiated. (19) A requirement that an officer that has received all required training on the requirement to intercede and fails to act pursuant to paragraph (9) be disciplined up to and including in the same manner as the officer that committed the excessive force. (20) Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted. (21) Factors for evaluating and reviewing all use of force incidents. (22) Minimum training and course titles required to meet the objectives in the use of force policy. (23) A requirement for the regular review and updating of the policy to reflect developing practices and procedures. (c) Each law enforcement agency shall make their use of force policy adopted pursuant to this section accessible to the public. (d) This section does not supersede the collective bargaining procedures established pursuant to the Myers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4), the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4), or the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4). (Amended by Stats. 2025, Ch. 241, Sec. 7. (SB 857) Effective January 1, 2026.)
  171. 7286.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.4. Law Enforcement Use of Force Policies [7286 - 7286.5] ( Chapter 17.4 added by Stats. 2019, Ch. 285, Sec. 2. )

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    Law enforcement agencies may not authorize carotid restraints, choke holds, or techniques and transport methods that create a substantial risk of positional asphyxia.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.4. Law Enforcement Use of Force Policies [7286 - 7286.5] ( Chapter 17.4 added by Stats. 2019, Ch. 285, Sec. 2. ) ## 7286.5. (a) (1) A law enforcement agency shall not authorize the use of a carotid restraint or choke hold by any peace officer employed by that agency. (2) A law enforcement agency shall not authorize techniques or transport methods that involve a substantial risk of positional asphyxia. (b) As used in this section, the following terms are defined as follows: (1) “Carotid restraint” means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person. (2) “Choke hold” means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe. (3) “Law enforcement agency” means any agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (4) “Positional asphyxia” means situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person’s respiratory airway to be compressed or impairs the person’s breathing or respiratory capacity, including any action in which pressure or body weight is unreasonably applied against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia. (Amended by Stats. 2021, Ch. 407, Sec. 1. (AB 490) Effective January 1, 2022.)
  172. 7287.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.43. Interrogations [7287- 7287.] ( Chapter 17.43 added by Stats. 2025, Ch. 697, Sec. 1. )

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    Law enforcement and prosecutorial agencies must have a policy for certain family-member interviews, and officers or prosecutors must give specified notices and avoid threats or deception.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.43. Interrogations [7287- 7287.] ( Chapter 17.43 added by Stats. 2025, Ch. 697, Sec. 1. ) ## 7287. (a) (1) On or before January 1, 2027, every law enforcement and prosecutorial agency shall maintain a policy requiring a peace officer or prosecuting attorney who initiates a formal interview to gather evidence related to a law enforcement incident resulting in a person’s death or serious bodily injury caused by a peace officer to adhere to the requirements in paragraph (2). (2) Before any initial formal interview with an immediate family member of the person killed or seriously injured, or upon confirming the relationship as an immediate family member, the peace officer or prosecuting attorney shall: (A) Clearly identify themselves by providing their full name and the name of the agency by which they are employed. If the interview takes place in person, they shall also display a business card, official badge, or other form of official identification. (B) Inform the person of the status of their family member, if known, including whether the family member has been killed or seriously injured by law enforcement. (C) Inform the person that they are conducting a formal interview for the purposes of an investigation that may or may not involve an assessment of the conduct of the person that was killed or injured. (D) Inform the person that they can have a trusted support person with them. If the family member is asked to go to a station for a formal interview, inform the family member that they have a choice to come to the station and can have a trusted support person with them. (b) No peace officer or prosecuting attorney shall employ threats or deception, including knowingly using false information, fabricated evidence, or misleading statements, to coerce an interview or when conducting any interview subject to this section. (c) Subdivision (a) shall not apply under the following circumstances: (1) When a reasonable officer believes that delay would result in the loss or destruction of evidence or pose an imminent threat to public safety. (2) When the immediate family member has received advisements substantially equivalent to those required by this section or under Miranda v. Arizona (1966) 384 U.S. 436. (d) For purposes of this section, the following terms shall apply: (1) “Formal” means an interview conducted in person or via secure remote communication, including, but not limited to, video or audio conferencing, designed to elicit specific, material information about an incident and documented through written, audio, or video records. (2) “Immediate family member” means a person known by the officer at the time of the interview to be a spouse, parent, grandparent, brother, sister, or child or grandchild related by blood, marriage, or adoption of the person who was killed or injured. (3) “Law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof that employs any peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (4) “Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes. (5) “Serious bodily injury” has the same meaning as in paragraph (4) of subdivision (f) of Section 243 of the Penal Code. (6) “Support person” means an individual selected by the immediate family member to provide moral and emotional support, provided the support person is not a percipient witness to or person of interest or suspect in the incident involving the individual who was killed or seriously injured by police. No certification, training, or other special qualification is required for an individual to act as a support person. (Added by Stats. 2025, Ch. 697, Sec. 1. (AB 572) Effective January 1, 2026.)
  173. 7288.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.45. Law Enforcement Policies [7288- 7288.] ( Chapter 17.45 added by Stats. 2025, Ch. 126, Sec. 2. )

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    California law enforcement agencies must adopt and publicly post a written policy on visible identification for sworn personnel by January 1, 2026.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.45. Law Enforcement Policies [7288- 7288.] ( Chapter 17.45 added by Stats. 2025, Ch. 126, Sec. 2. ) ## 7288. (a) By January 1, 2026, a law enforcement agency operating in California shall maintain and publicly post a written policy on the visible identification of sworn personnel. The policy shall include, at minimum, the following: (1) A purpose statement affirming the agency’s commitment to both of the following: (A) Transparency, accountability, and public trust. (B) Restricting situations in which sworn personnel do not visibly display identification to specific, clearly defined, and limited circumstances. (2) A requirement that all sworn personnel visibly display identification that includes their agency and either a name or badge number, or both name and badge number, when performing enforcement duties. (3) A list of narrowly tailored exemptions for the following: (A) Officers engaged in active undercover operations or investigative activities. (B) An officer engaged in plainclothes operations who is employed within the California Business, Consumer Services, and Housing Agency, California Health and Human Services Agency, California Labor and Workforce Development Agency, California Natural Resources Agency, California Department of Corrections and Rehabilitation, California Transportation Agency, California Environmental Protection Agency, California Government Operations Agency, or within any department, board, commission, or other entity in those agencies or the federal equivalents of these state agencies. (C) Officers wearing personal protective equipment that prevents display. (D) Exigent circumstances, involving an imminent danger to persons or property, or the escape of a perpetrator, or the destruction of evidence, including if the officer is responding to those circumstances while off-duty. (E) When there is a specific, articulable, and particularized reason to believe identification would pose a significant danger to the physical safety of the peace officer. (b) A policy adopted pursuant to this section shall be deemed consistent with Section 13654 of the Penal Code unless a verified written challenge to its legality is submitted to the head of the agency by a member of the public, an oversight body, or a local governing authority, at which time the agency shall be afforded 90 days to correct any deficiencies in the policy. If, after 90 days, the agency has failed to adequately address the complaint, the complaining party may proceed to a court of competent jurisdiction for a judicial determination of the agency’s exemption provided by subdivision (e) of Section 13654 of the Penal Code. The agency and its employees’ exemptions shall remain in effect unless a court rules the agency’s policy is not in compliance with subdivision (e) of Section 13564 of the Penal Code, and all potential appeals to higher courts have been exhausted by the agency. (c) For purpose of this section, the following terms have the following meanings: (1) “Enforcement duties” means active and planned operations involving the arrest or detention of an individual, or deployment for crowd control purposes. (2) “Law enforcement agency” means all of the following: (A) Any law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (B) Any law enforcement agency of another state. (C) Any federal law enforcement agency. (3) “Visibly display identification” means to wear externally on the uniform in a size and location such as to be reasonably visible to member of the public with whom the officer interacts. (Added by Stats. 2025, Ch. 126, Sec. 2. (SB 805) Effective September 20, 2025.)
  174. 7290.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    This section says the chapter may be called the Dymally-Alatorre Bilingual Services Act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7290. This chapter may be known and cited as the Dymally-Alatorre Bilingual Services Act. (Added by Stats. 1973, Ch. 1182.)
  175. 7291.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    The Legislature states that government should be able to communicate effectively with the public, including people who do not speak English well or at all, and says this chapter is meant to support that communication.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7291. The Legislature hereby finds and declares that the effective maintenance and development of a free and democratic society depends on the right and ability of its citizens and residents to communicate with their government and the right and ability of the government to communicate with them. The Legislature further finds and declares that substantial numbers of persons who live, work and pay taxes in this state are unable, either because they do not speak or write English at all, or because their primary language is other than English, effectively to communicate with their government. The Legislature further finds and declares that state and local agency employees frequently are unable to communicate with persons requiring their services because of this language barrier. As a consequence, substantial numbers of persons presently are being denied rights and benefits to which they would otherwise be entitled. It is the intention of the Legislature in enacting this chapter to provide for effective communication between all levels of government in this state and the people of this state who are precluded from utilizing public services because of language barriers. (Added by Stats. 1973, Ch. 1182.)
  176. 7292.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    Certain state agencies must employ enough qualified bilingual staff in public contact positions to serve non-English-speaking members of the public in their language.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7292. (a) Every state agency, as defined in Section 11000, except the State Compensation Insurance Fund, directly involved in the furnishing of information or the rendering of services to the public whereby contact is made with a substantial number of non-English-speaking people, shall employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public, in the language of the non-English-speaking person. (b) For the purposes of this chapter, the furnishing of information or rendering of services includes, but is not limited to, providing public safety, protection, or prevention, administering state benefits, implementing public programs, managing public resources or facilities, holding public hearings, and engaging in any other state program or activity that involves public contact. (Amended by Stats. 2007, Ch. 259, Sec. 1. Effective January 1, 2008.)
  177. 7293.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

    Verify source ↗

    Local public agencies serving a substantial number of non-English-speaking people must employ enough qualified bilingual staff or interpreters to help provide information and services in the person’s language.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7293. Every local public agency, as defined in Section 54951, serving a substantial number of non-English-speaking people, shall employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist those in such positions, to ensure provision of information and services in the language of the non-English-speaking person. The determination of what constitutes a substantial number of non-English-speak ing people and a sufficient number of qualified bilingual persons shall be made by the local agency. (Added by Stats. 1973, Ch. 1182.)
  178. 7294.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    State and local agencies may not dismiss an employee to carry out this chapter, and they may implement it by filling public contact positions that open through retirement or normal attrition.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7294. An employee of a state or local agency, as defined by Sections 11000 and 54951, may not be dismissed to carry out the purposes of this chapter. A state or local public agency need only implement this chapter by filling employee public contact positions made vacant by retirement or normal attrition. (Added by Stats. 1973, Ch. 1182.)
  179. 7295.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    Public-service materials must be translated into relevant non-English languages, and related notices must be given in both English and the translated language.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7295. Any materials explaining services available to the public shall be translated into any non-English language spoken by a substantial number of the public served by the agency. Whenever notice of the availability of materials explaining services available is given, orally or in writing, it shall be given in English and in the non-English language into which any materials have been translated. The determination of when these materials are necessary when dealing with local agencies shall be left to the discretion of the local agency. (Amended by Stats. 2007, Ch. 259, Sec. 2. Effective January 1, 2008.)
  180. 7295.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

    Verify source ↗

    Certain state agencies must provide translated service-explaining materials and bilingual notices when they serve substantial numbers of non-English-speaking people.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7295.2. Every state agency which serves a substantial number of non-English-speaking people and which provides materials in English explaining services shall also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency. Whenever notice of the availability of materials explaining services available is given, orally or in writing, it shall be given in English and in the non-English language into which any materials have been translated. This section shall not be interpreted to require verbatim translations of any materials provided in English by a state agency. (Added by Stats. 1977, Ch. 1035.)
  181. 7295.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    If a state agency meets the listed conditions, it must provide the relevant written materials in the appropriate non-English language, or it may instead offer translation aids or bilingual assistance.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7295.4. Whenever a state agency finds that the factors listed in both subdivisions (a) and (c) or (b) and (c) exist, it shall distribute the applicable written materials in the appropriate non-English language through its statewide and local offices or facilities to non-English-speaking persons, or, as an alternative, the state agency may instead elect to furnish translation aids, translation guides, or provide assistance, through use of a qualified bilingual person, at its statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices: (a) The written materials, whether forms, applications, questionnaires, letters, or notices solicit or require the furnishing of information from an individual or provide that individual with information. (b) The information solicited, required, or furnished affects or may affect the individual’s rights, duties, or privileges with regard to that agency’s services or benefits. (c) The statewide or local office or facility of the agency with which the individual is dealing, serves a substantial number of non-English-speaking persons. (Amended by Stats. 2014, Ch. 469, Sec. 1. (AB 2253) Effective January 1, 2015.)
  182. 7296.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

    Verify source ↗

    This section defines who counts as a qualified bilingual person, employee, or interpreter for use in this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7296. (a) As used in this chapter, a “qualified bilingual person,” “qualified bilingual employee,” or “qualified interpreter” is a person who is proficient in both the English language and the non-English language to be used. For any state agency, “qualified” means one of the following: (1) A bilingual person or employee who the Department of Human Resources has tested and certified as proficient in the ability to understand and convey in English and a non-English language commonly used terms and ideas, including terms and ideas regularly used in state government. (2) A bilingual employee who was tested and certified by a state agency or other approved testing authority as proficient in the ability to understand and convey in English and a non-English language commonly used terms and ideas, including terms and ideas regularly used in state government. (3) An interpreter who has met the testing or certification standards for outside or contract interpreters, as proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used and has knowledge of basic interpreter practices, including, but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency. (b) The determination of what constitutes “qualified” for local agencies, shall be left to the discretion of the local agency. (Amended by Stats. 2012, Ch. 360, Sec. 1. (SB 1309) Effective January 1, 2013.)
  183. 7296.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    This section defines when a group counts as a “substantial number of non-English-speaking people” for later sections.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7296.2. As used in Sections 7292, 7295.2, 7295.4, 7299.3, and 7299.4, a “substantial number of non-English-speaking people” are members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise 5 percent or more of the people served by the statewide or any local office or facility of a state agency. (Amended by Stats. 2014, Ch. 469, Sec. 2. (AB 2253) Effective January 1, 2015.)
  184. 7296.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

    Verify source ↗

    This section defines what counts as a sufficient number of qualified bilingual persons for public contact positions, and gives a compliance rule for smaller state offices or facilities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7296.4. As used in Section 7292, “a sufficient number of qualified bilingual persons in public contact positions” is the number required to provide the same level of services to non-English-speaking persons as is available to English-speaking persons seeking these services. However, where the statewide or local office or facility of the state employs the equivalent of 25 or fewer regular, full-time employees, it shall constitute compliance with the requirements of this chapter if a sufficient number of qualified bilingual persons are employed in public contact positions, or as qualified interpreters to assist those in those positions, to provide the same level of services to non-English-speaking persons as is available to English-speaking persons seeking the services from the office or facility. (Amended by Stats. 2014, Ch. 469, Sec. 3. (AB 2253) Effective January 1, 2015.)
  185. 7297.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    This section defines a “public contact position” as a position the agency determines emphasizes meeting, contacting, and dealing with the public in performing the agency’s functions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7297. As used in this chapter, a “public contact position” is a position determined by the agency to be one which emphasizes the ability to meet, contact and deal with the public in the performance of the agency’s functions. (Amended by Stats. 1977, Ch. 1035.)
  186. 7298.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    This chapter does not apply to school districts, county boards of education, or the office of a county superintendent of schools.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7298. The provisions of this chapter are not applicable to school districts, county boards of education, or the office of a county superintendent of schools. (Added by Stats. 1973, Ch. 1182.)
  187. 7299.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    This section says the act is to be carried out only as far as funds are available and only if federal law and civil service law allow it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299. The provisions of this act shall be implemented to the extent that local, state or federal funds are available, and to the extent permissible under federal law and the provisions of civil service law governing the state and local agencies. (Added by Stats. 1973, Ch. 1182.)
  188. 7299.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    State agencies may use existing funds to contract for telephone-based interpretation services and may also employ qualified bilingual persons in public contact positions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.1. State agencies may, utilizing existing funds, contract for telephone-based interpretation services in addition to employing qualified bilingual persons in public contact positions. (Amended by Stats. 2007, Ch. 259, Sec. 6. Effective January 1, 2008.)
  189. 7299.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    The Department of Human Resources must inform state agencies of their responsibilities under this chapter and provide technical assistance when requested, on a reimbursable basis.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.2. The Department of Human Resources shall be responsible for informing state agencies of their responsibilities under this chapter and providing state agencies with technical assistance, upon request on a reimbursable basis. (Amended by Stats. 2012, Ch. 360, Sec. 2. (SB 1309) Effective January 1, 2013.)
  190. 7299.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    A covered state agency must translate and post complaint forms and complaint-submission processes on its website homepage by July 1, 2015.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.3. Notwithstanding any other provision of this chapter, by July 1, 2015, a state agency subject to the requirements of this chapter shall translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of this chapter, as referenced in paragraph (15) of subdivision (b) of Section 7299.4. The forms and processes shall be translated into all languages spoken by a substantial number of non-English-speaking people served by the state agency. Translated copies of the forms shall be printed and made available in the statewide office and any local office or facility of the state agency. (Added by Stats. 2014, Ch. 469, Sec. 4. (AB 2253) Effective January 1, 2015.)
  191. 7299.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    State agencies must conduct recurring language surveys and prepare implementation plans, then report them to the Department of Human Resources by specified deadlines.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.4. (a) Notwithstanding any other provision in this chapter, each state agency shall conduct a language survey and develop and update an implementation plan that complies with the requirements of this chapter. (b) Each agency shall conduct a language survey of each of its statewide and local offices every two years to determine and provide all of the following: (1) The name, position, and contact information of the employee designated by the agency responsible for complying with this chapter. (2) The number of public contact positions in each statewide and local office. (3) The number of qualified bilingual employees in public contact positions in each statewide and local office, and the languages they speak, other than English. (4) The number and percentage of non-English-speaking people served by each statewide and local office, broken down by native language. (5) The number of anticipated vacancies in public contact positions. (6) Whether the use of other available options, including contracted telephone-based interpretation services, in addition to qualified bilingual persons in public contact positions, is serving the language needs of the people served by the agency. (7) A list of all written materials that are required to be translated or otherwise made accessible to non- or limited-English-speaking individuals by Sections 7295.2 and 7295.4. (8) A list of materials identified in paragraph (7) that have been translated and languages into which they have been translated. (9) The number of additional qualified bilingual public contact staff, if any, needed at each statewide and local office to comply with this chapter. (10) A detailed description of the agency’s procedures for identifying written materials that are required to be translated. (11) Each agency shall calculate the percentage of non-English-speaking people served by each statewide and local office by rounding the percentage arrived at to the nearest whole percentage point. (12) A detailed description of the agency’s procedures for identifying language needs at statewide and local offices and assigning qualified bilingual staff to those offices. (13) A detailed description of how the agency recruits qualified bilingual staff in statewide and local offices. (14) A detailed description of any training the agency provides to its staff on the provision of services to non- or limited-English-speaking individuals, frequency of training, and date of most recent training. (15) A detailed description of complaints regarding language access received by the agency and the agency’s procedures for accepting and resolving complaints of an alleged violation due to failure to make available translated documents or provide interpreter service through bilingual staff or contract services. (16) A detailed description of how the agency complies with any federal or other state laws that require the provision of linguistically accessible services to the public. (17) Any other relevant information requested by the Department of Human Resources. (c) The language survey results and any additional information requested shall be reported in the form and at the time required by the Department of Human Resources, and delivered to the department not later than October 1 of every even-numbered year. (d) Every odd-numbered year, each agency that served a substantial number of non-English-speaking people shall develop an implementation plan that provides a detailed description of how the agency plans to address any deficiencies in meeting the requirements of this chapter, including, but not limited to, the failure to translate written materials or employ sufficient numbers of qualified bilingual employees in public contact positions at statewide and local offices, the proposed actions to be taken to address the deficiencies, and the proposed dates by when the deficiencies will be remedied. (e) In developing its implementation plan, each state agency may rely upon data gathered from its most recent language survey. (f) Each state agency shall submit its implementation plan to the Department of Human Resources no later than October 1 of each applicable year. The Department of Human Resources shall review each implementation plan, and, if it determines that the implementation plan fails to address the identified deficiencies, shall order the agency to supplement or make changes to its plan. A state agency that has been determined to be deficient shall report to the Department of Human Resources every six months on its progress in addressing the identified deficiencies. (g) If the Department of Human Resources determines that a state agency has not made reasonable progress toward complying with this chapter, the department shall issue orders that it deems appropriate to effectuate the purposes of this chapter. (Amended by Stats. 2014, Ch. 469, Sec. 5. (AB 2253) Effective January 1, 2015.)
  192. 7299.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    The Department of Human Resources may exempt state agencies from Section 7299.4 if specified conditions are met, and the agency petitions for the exemption and gets written approval on time.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.5. The Department of Human Resources may exempt state agencies from the requirements of Section 7299.4, where it determines that any of the following conditions apply: (a) The agency’s primary mission does not include responsibility for furnishing information or rendering services to the public. (b) The agency has consistently received such limited public contact with the non-English-speaking public that it has not been required to employ bilingual staff under Section 7292 and the agency employs fewer than the equivalent of 25 full-time employees in public contact positions. In order to receive an exemption, each state agency shall petition the Department of Human Resources for the exemption and receive approval in writing by the date established by the department. An agency may receive an exemption for up to five survey cycles, if it demonstrates that it meets the requirements of subdivision (a) or (b), and provides all required documentation to the Department of Human Resources. (Amended by Stats. 2013, Ch. 427, Sec. 3. (AB 1062) Effective January 1, 2014.)
  193. 7299.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    The Department of Human Resources must review certain survey and implementation-plan results, compile the data, and report to the Legislature every two years.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.6. The Department of Human Resources shall review the results of the surveys and implementation plans required to be made by Section 7299.4, compile this data, and provide a report to the Legislature every two years. The report shall identify significant problems or deficiencies and propose solutions where warranted. (Amended by Stats. 2012, Ch. 360, Sec. 5. (SB 1309) Effective January 1, 2013.)
  194. 7299.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    Local agencies must provide emergency information in English and in the relevant non-English languages when the population threshold is met, and they must review language data periodically.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local agency that provides emergency response services and that serves a population within which 5 percent or more of the people speak English less than “very well” according to data from the American Community Survey and jointly speak a language other than English, the local agency shall provide information related to the emergency in English and in all languages spoken jointly by the 5 percent or more of the population that speaks English less than “very well.” (b) (1) By January 1, 2025, each local agency shall use data from the American Community Survey or data from an equally reliable source to determine which languages meet the requirements of subdivision (a) in the local agency’s jurisdiction. (2) Each local agency shall reassess the data every five years to ensure that the language or languages in which the local agency provides information are consistent with the requirements of subdivision (a). (c) A local agency providing information pursuant to this section shall do both of the following: (1) Ensure that the quality of information translated and provided to individuals that speak English less than “very well” is as comprehensive, actionable, and timely as the information provided to English-speaking persons. (2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that speak English less than “very well” using, whenever feasible, native speakers of the relevant languages who also speak English fluently. (d) Commencing January 1, 2027, the Office of Planning and Research shall survey a sample of local agencies every three years to determine the extent to which local agencies are complying with the requirements of this section and shall report the findings to the Legislature pursuant to Section 9795. (e) For purposes of this section, the following definitions apply: (1) “Emergency” means a situation that calls for immediate action to respond to the threat of serious harm or mass casualties, including conditions of natural disaster or conditions posing extreme peril to the safety of persons and property in the territorial limits of the local agency. (2) “Emergency response services” means police, fire, or emergency medical services. (3) “Local agency” means a city, county, city and county, or a department of a city or county. (f) This section does not relieve a local agency of its responsibilities under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (Added by Stats. 2023, Ch. 587, Sec. 1. (AB 1638) Effective January 1, 2024.)
  195. 7299.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. )

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    The Legislature states this chapter is not intended to prohibit bilingual positions, bilingual materials, or qualified interpreters when fewer than 5% of the people served do not speak English or cannot communicate effectively, and it is not intended to require all public contact positions to be filled by bilingual people.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.5. Use of a Foreign Language in Public Services [7290 - 7299.8] ( Heading of Chapter 17.5 renumbered from Chapter 17 (as added by Stats. 1973, Ch. 1182) by Stats. 1975, Ch. 678. ) ## 7299.8. It is not the intent of the Legislature in enacting this chapter to prohibit the establishment of bilingual positions, or printing of materials, or use of qualified interpreters, where less than 5 percent of the people served do not speak English or are unable to communicate effectively, as determined appropriate by the state or local agency. It is not the intent of the Legislature in enacting this chapter to require that all public contact positions be filled with qualified bilingual persons. (Amended by Stats. 2007, Ch. 259, Sec. 9. Effective January 1, 2008.)
  196. 7301.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    This section defines “land,” “person,” and “secretary” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7301. For purposes of this chapter: (a) “Land” means any right or interest, including development rights, in real property which is essentially unimproved and devoted to an open-space use as defined in Section 65560 or real property which is of significant historic or cultural value. (b) “Person” means a transferee of property subject to tax under the Inheritance Tax Law (Part 8 (commencing with Section 13301) of Division 2 of the Revenue and Taxation Code), which includes open-space land, where the total property transferred to such transferee does not include sufficient money or other liquid assets to pay the state inheritance tax on the transfer. (c) “Secretary” means the Secretary of the Resources Agency. (Added by Stats. 1978, Ch. 1144.)
  197. 7302.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    Any person may offer eligible land to the state for preservation as open-space land.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7302. Any person may offer land included within a transfer described in Section 7301 to the state for preservation as open-space land. (Added by Stats. 1978, Ch. 1144.)
  198. 7303.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    The inheritance tax referee must certify the appraised value of the land and the amount of taxes due and payable by the transferee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7303. The inheritance tax referee shall certify the appraised value of the land and the amount of taxes due and payable by the transferee. Such certification shall accompany any offer of land to the state. (Added by Stats. 1978, Ch. 1144.)
  199. 7304.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    The secretary must establish criteria for evaluating offered land and must accept or reject land offered to the state under this chapter within 120 days after the offer is received.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7304. The secretary shall establish criteria to evaluate the significance of the land offered and the feasibility of the state accepting any right or interest in such land. Land offered to the state pursuant to this chapter shall be accepted or rejected by the secretary within 120 days of the receipt of the offer. (Added by Stats. 1978, Ch. 1144.)
  200. 7305.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    The secretary must notify the county, consult specified agencies, and may accept an offer of land only with the Director of Finance’s approval.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7305. Upon receipt of the offer, the secretary shall notify the county in which the land being offered is located of the state’s consideration. The secretary shall consult with the Wildlife Conservation Board and the Department of Parks and Recreation to evaluate any offer. Pursuant to Section 11005, the secretary shall accept an offer of land only upon approval of the Director of Finance. (Added by Stats. 1978, Ch. 1144.)

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