Government Code — Part 96 | GOV — United States — California law | Esheria

Government Code

Part 96 of 107 · provisions 19,001–19,200

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. 82021.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “elected state officer.”

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82021. “Elected state officer” means any person who holds an elective state office or has been elected to an elective state office but has not yet taken office. A person who is appointed to fill a vacant elective state office is an elected state officer. (Added June 4, 1974, by initiative Proposition 9.)
  2. 82022.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “Election” includes any primary, general, special, or recall election held in this state.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82022. “Election” means any primary, general, special or recall election held in this state. The primary and general or special elections are separate elections for purposes of this title. (Added June 4, 1974, by initiative Proposition 9.)
  3. 82023.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “elective office.”

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82023. “Elective office” means any state, regional, county, municipal, district or judicial office that is filled at an election. “Elective office” also includes membership on a county central committee of a qualified political party, and membership through election on the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board. (Amended by Stats. 2010, Ch. 633, Sec. 1. (SB 1007) Effective January 1, 2011. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  4. 82024.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “Elective state office” means the listed state offices and elected board positions.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82024. “Elective state office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, Member of the Legislature, member elected to the Board of Administration of the Public Employees’ Retirement System, member elected to the Teachers’ Retirement Board, and member of the State Board of Equalization. (Amended by Stats. 2010, Ch. 633, Sec. 2. (SB 1007) Effective January 1, 2011. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  5. 82025.3.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “external manager,” “investment fund,” and “investment vehicle.”

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82025.3. (a) “External manager” means either of the following: (1) A person who is seeking to be, or is, retained by a state public retirement system in California or an investment vehicle to manage a portfolio of securities or other assets for compensation. (2) A person who manages an investment fund and who offers or sells, or has offered or sold, an ownership interest in the investment fund to a state public retirement system in California or an investment vehicle. (b) For purposes of this section, “investment fund” has the same meaning as set forth in Section 7513.8. (c) For purposes of this section, “investment vehicle” has the same meaning as set forth in Section 82047.3. (Amended by Stats. 2011, Ch. 704, Sec. 3. (SB 398) Effective October 9, 2011.)
  6. 82025.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “fair market value” and says that “full and adequate consideration” means fair market value.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82025.5. “Fair market value” means the estimated fair market value of goods, services, facilities or anything of value other than money. Whenever the amount of goods, services, facilities, or anything of value other than money is required to be reported under this title, the amount reported shall be the fair market value, and a description of the goods, services, facilities, or other thing of value shall be appended to the report or statement. “Full and adequate consideration” as used in this title means fair market value. (Added by Stats. 1985, Ch. 775, Sec. 3.)
  7. 82026.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “Filer” means a person who files, or must file, a statement or report under this title.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82026. “Filer” means the person filing or required to file any statement or report under this title. (Added June 4, 1974, by initiative Proposition 9.)
  8. 82027.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “filing officer” as the office or officer where a required statement or report is filed.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82027. “Filing officer” means the office or officer with whom any statement or report is required to be filed under this title. If copies of a statement or report are required to be filed with more than one office or officer, the one first named is the filing officer, and the copy filed with that officer shall be signed in the original and shall be deemed the original copy. (Amended by Stats. 2021, Ch. 50, Sec. 138. (AB 378) Effective January 1, 2022.)
  9. 82027.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines several kinds of general purpose committees, including state, county, and city general purpose committees.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82027.5. (a) “General purpose committee” means all committees pursuant to subdivision (b) or (c) of Section 82013, and any committee pursuant to subdivision (a) of Section 82013 which is formed or exists primarily to support or oppose more than one candidate or ballot measure, except as provided in Section 82047.5. (b) A “state general purpose committee” is a political party committee, as defined in Section 85205, or a committee to support or oppose candidates or measures voted on in a state election, or in more than one county. (c) A “county general purpose committee” is a committee to support or oppose candidates or measures voted on in only one county, or in more than one jurisdiction within one county. (d) A “city general purpose committee” is a committee to support or oppose candidates or measures voted on in only one city. (Amended by Stats. 2004, Ch. 623, Sec. 1. Effective September 21, 2004.)
  10. 82028.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “gift” and lists payments and items that are not gifts.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82028. (a) “Gift” means, except as provided in subdivision (b), any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. (b) The term “gift” does not include: (1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or reimbursement for any expenses shall be deemed “informational material.” (2) Gifts which are not used and which, within 30 days after receipt, are either returned to the donor or delivered to a nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code without being claimed as a charitable contribution for tax purposes. (3) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph. (4) Campaign contributions required to be reported under Chapter 4 of this title. (5) Any devise or inheritance. (6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250). (Amended by Stats. 1997, Ch. 450, Sec. 2. Effective September 24, 1997. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  11. 82029.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “immediate family” as the spouse and dependent children.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82029. “Immediate family” means the spouse and dependent children. (Amended by Stats. 1980, Ch. 1000. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  12. 8203.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The Secretary of State may appoint and commission notaries public for certain U.S. military and naval reservations in the state, if the appointee is a U.S. citizen, at least 18 years old, and meets the stated Section 8201 requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8203.1. The Secretary of State may appoint and commission notaries public for the military and naval reservations of the Army, Navy, Coast Guard, Air Force, and Marine Corps of the United States, wherever located in the state; provided, however, that the appointee shall be a citizen of the United States, not less than 18 years of age, and must meet the requirements set forth in paragraphs (3) and (4) of subdivision (a) of Section 8201. (Amended by Stats. 2003, Ch. 513, Sec. 3. Effective January 1, 2004.)
  13. 8203.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    These notaries public may be appointed only if the commanding officer of the reservation recommends them, and they may act only within that reservation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8203.2. Such notaries public shall be appointed only upon the recommendation of the commanding officer of the reservation in which they are to act, and they shall be authorized to act only within the boundaries of this reservation. (Added by Stats. 1947, Ch. 1360.)
  14. 8203.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    Appointments under this section may be made only from among federal civil service employees at the reservation where they will serve as notaries public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8203.3. In addition to the qualifications established in Section 8203.1, appointment will be made only from among those persons who are federal civil service employees at the reservation in which they will act as notaries public. (Amended by Stats. 1955, Ch. 244.)
  15. 8203.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A reservation commanding officer must notify the Secretary of State within 30 days when the relevant employment ends, and the appointment ends if the person stops being a federal civil service employee at that reservation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8203.4. The term of office shall be as set forth in Section 8204, except that the appointment shall terminate if the person shall cease to be employed as a federal civil service employee at the reservation for which appointed. The commanding officer of the reservation shall notify the Secretary of State of termination of employment at the reservation for which appointed within 30 days of such termination. A notary public whose appointment terminates pursuant to this section will have such termination treated as a resignation. (Amended by Stats. 1977, Ch. 1009.)
  16. 8203.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A jurat must include the name of the reservation where the instrument was executed, in addition to the name of the State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8203.5. In addition to the name of the State, the jurat shall also contain the name of the reservation in which the instrument is executed. (Amended by Stats. 1959, Ch. 1970.)
  17. 8203.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    Notaries public may not collect fees for services they render within the reservation while acting as notaries public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8203.6. No fees shall be collected by such notaries public for service rendered within the reservation in the capacity of a notary public. (Added by Stats. 1947, Ch. 1360.)
  18. 82030.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “income” and lists multiple exclusions from that definition.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82030. (a) “Income” means, except as provided in subdivision (b), a payment received, including, but not limited to, any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly, or beneficially, a 10-percent interest or greater. “Income,” other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) “Income” also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States government or a commodity future registered with the Commodity Futures Trading Commission of the United States government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender’s regular course of business on terms available to members of the public without regard to official status. (9) Any loan from or payments received on a loan made to an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan or loan payment received from any such person shall be considered income if that person is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender’s regular course of business on terms available to members of the public without regard to official status. (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. (Amended by Stats. 2021, Ch. 50, Sec. 139. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  19. 82030.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “earned income” for the title and lists amounts that are not counted as earned income.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82030.5. (a) For purposes of this title, “earned income” means, except as provided in subdivision (b), income from wages, salaries, professional fees, and other amounts received or promised to be received as compensation for personal services rendered. (b) Income which is not “earned income” includes, but is not limited to, the following: (1) Any income derived from stocks, bonds, property, or other investments, or from retail or wholesale sales. (2) Any amount paid by, or on behalf of, an elected state officer to a tax-qualified pension, profit sharing, or stock bonus plan and received by the elected state officer from the plan. (3) The community property interest in the income of a spouse. (Added by Stats. 1990, Ch. 1075, Sec. 1.)
  20. 82031.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “independent expenditure.”

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82031. “Independent expenditure” means an expenditure made by any person, including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. (Amended by Stats. 2009, Ch. 363, Sec. 2. (AB 9) Effective January 1, 2010.)
  21. 82032.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “influencing legislative or administrative action” as promoting, supporting, influencing, modifying, opposing, or delaying legislative or administrative action, including through information, statistics, studies, or analyses.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82032. “Influencing legislative or administrative action” means promoting, supporting, influencing, modifying, opposing or delaying any legislative or administrative action by any means, including but not limited to the provision or use of information, statistics, studies or analyses. (Added June 4, 1974, by initiative Proposition 9.)
  22. 82033.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines when a person has an “interest in real property,” including certain property interests and ownership through business entities or trusts.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82033. “Interest in real property” includes any leasehold, beneficial or ownership interest, or an option to acquire such an interest in real property located in the jurisdiction owned directly, indirectly, or beneficially by the public official, or other filer, or that person’s immediate family if the fair market value of the interest is two thousand dollars ($2,000) or more. Interests in real property of an individual includes a pro rata share of interests in real property of any business entity or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater. (Amended by Stats. 2021, Ch. 50, Sec. 140. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  23. 82035.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “jurisdiction” for state agencies and local government agencies, and gives a rule for when real property is treated as within a local government agency’s jurisdiction.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82035. “Jurisdiction” means the state with respect to a state agency and, with respect to a local government agency, the region, county, city, district or other geographical area in which it has jurisdiction. Real property shall be deemed to be “within the jurisdiction” with respect to a local government agency if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. (Amended by Stats. 1993, Ch. 769, Sec. 2. Effective January 1, 1994. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  24. 82035.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “LAFCO proposal” as a proposal under Section 56069, including a proceeding under Section 56067.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82035.5. “LAFCO proposal” means a proposal, as defined in Section 56069, including a proceeding, as defined by Section 56067. (Amended by Stats. 2009, Ch. 113, Sec. 4. (AB 528) Effective January 1, 2010.)
  25. 82036.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “late contribution” as certain contributions or loans of $1,000 or more made or received within specified election-time windows.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82036. “Late contribution” means any of the following: (a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. (b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election. (Amended by Stats. 2015, Ch. 364, Sec. 2. (AB 594) Effective January 1, 2016. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  26. 82036.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “late independent expenditure” as an independent expenditure of at least $1,000 made for or against a specific candidate or measure during the 90 days before an election or on election day.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82036.5. “Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. (Amended by Stats. 2015, Ch. 364, Sec. 3. (AB 594) Effective January 1, 2016.)
  27. 82037.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “legislative action.”

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82037. “Legislative action” means the drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, or other matter by the Legislature or by either house or any committee, subcommittee, joint or select committee thereof, or by a Member or employee of the Legislature acting in that person’s official capacity. “Legislative action” also means the action of the Governor in approving or vetoing any bill. (Amended by Stats. 2021, Ch. 50, Sec. 142. (AB 378) Effective January 1, 2022.)
  28. 82038.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    “Legislative official” is defined as a Legislature employee or consultant whose duties are not solely secretarial, clerical, or manual.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82038. “Legislative official” means any employee or consultant of the Legislature whose duties are not solely secretarial, clerical or manual. (Added June 4, 1974, by initiative Proposition 9.)
  29. 82038.3.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    A lobbying coalition is defined, and it must file the same statements and reports as a lobbyist employer for specified sections.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82038.3. (a) “Lobbying coalition” means a group of 10 or more persons formed primarily to influence legislative or administrative action, whose members make payments to the coalition for sharing the expenses of employing a lobbyist or contracting for the services of a lobbying firm. (b) For purposes of Sections 86115 and 86116, a lobbying coalition shall file the same statements and reports as a lobbyist employer. (c) A bona fide federation, confederation, or trade, labor, or membership organization is not a lobbying coalition if it is ongoing in nature and its membership services are not limited to influencing legislative or administrative action. (d) A person making payments to a lobbying coalition does not qualify as a lobbying firm or lobbyist employer as a result of those payments. (Added by Stats. 2019, Ch. 312, Sec. 6. (AB 902) Effective January 1, 2020.)
  30. 82038.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “lobbying firm” and excludes business entities based only on activities described in Section 86300.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82038.5. (a) “Lobbying firm” means any business entity, including an individual contract lobbyist, which meets either of the following criteria: (1) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing legislative or administrative action on behalf of any other person, and any partner, owner, officer, or employee of the business entity is a lobbyist. (2) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing legislative or administrative action. (b) No business entity is a lobbying firm by reason of activities described in Section 86300. (Amended by Stats. 1986, Ch. 905, Sec. 1.)
  31. 82039.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “lobbyist” and sets out exclusions from that definition.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82039. (a) “Lobbyist” means either of the following: (1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through that individual’s agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. (2) A placement agent, as defined in Section 82047.3. (b) An individual is not a lobbyist by reason of activities described in Section 86300. (c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. (Amended by Stats. 2021, Ch. 50, Sec. 143. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9, and amended on Nov. 5, 1996, by initiative Prop. 208.)
  32. 82039.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “lobbyist employer” as a non-lobbying-firm person who employs lobbyists or hires a lobbying firm for economic consideration to influence legislative or administrative action.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82039.5. “Lobbyist employer” means any person, other than a lobbying firm, who: (a) Employs one or more lobbyists for economic consideration, other than reimbursement for reasonable travel expenses, for the purpose of influencing legislative or administrative action, or (b) Contracts for the services of a lobbying firm for economic consideration, other than reimbursement for reasonable travel expense, for the purpose of influencing legislative or administrative action. (Added by Stats. 1985, Ch. 1183, Sec. 4. Effective September 29, 1985.)
  33. 8204.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public serves a four-year term starting on the date named in the commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8204. The term of office of a notary public is for four years commencing with the date specified in the commission. (Amended by Stats. 1977, Ch. 1009.)
  34. 8204.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    The Secretary of State may cancel a notary public’s commission if the payment check or remittance is not honored.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8204.1. The Secretary of State may cancel the commission of a notary public if a check or other remittance accepted as payment for the examination, application, commission, and fingerprint fee is not paid upon presentation to the financial institution upon which the check or other remittance was drawn. Upon receiving written notification that the item presented for payment has not been honored for payment, the Secretary of State shall first give a written notice of the applicability of this section to the notary public or the person submitting the instrument. Thereafter, if the amount is not paid by a cashier’s check or the equivalent, the Secretary of State shall give a second written notice of cancellation and the cancellation shall thereupon be effective. This second notice shall be given at least 20 days after the first notice, and no more than 90 days after the commencement date of the commission. (Added by Stats. 1997, Ch. 319, Sec. 2. Effective January 1, 1998.)
  35. 82041.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “local government agency.”

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82041. “Local government agency” means a county, city or district of any kind including school district, or any other local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency of the foregoing. (Amended by Stats. 1984, Ch. 727, Sec. 4. Operative July 1, 1985, by Sec. 12 of Ch. 727. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  36. 82041.3.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “made at the behest of” as something made under someone’s control or direction, or in cooperation, consultation, coordination, or concert with them, or at their request, suggestion, or express prior consent.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82041.3. “Made at the behest of” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of. (Added by Stats. 2017, Ch. 749, Sec. 5. (AB 867) Effective January 1, 2018.)
  37. 82041.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    “Mass mailing” means more than 200 substantially similar pieces of mail, excluding form letters or mail sent in response to an unsolicited request or inquiry.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82041.5. “Mass mailing” means over two hundred substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry. (Amended (as amended June 7, 1988, by Prop. 73) by Stats. 1988, Ch. 1027, Sec. 1. Note: This section was added on June 4, 1974, by initiative Prop. 9, and amended on June 7, 1988, by initiative Prop. 73.)
  38. 82042.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    For this section, “Mayor” of a city includes the mayor of a city and county.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82042. “Mayor” of a city includes mayor of a city and county. (Added June 4, 1974, by initiative Proposition 9.)
  39. 82043.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    “Measure” is defined to include certain constitutional amendments or propositions submitted, or intended to be submitted, to a popular vote.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82043. “Measure” means any constitutional amendment or other proposition which is submitted to a popular vote at an election by action of a legislative body, or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum or recall procedure whether or not it qualifies for the ballot. (Added June 4, 1974, by initiative Proposition 9.)
  40. 82044.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    “Payment” is defined broadly to include payments, transfers, loans, deposits, gifts, and other transfers of value.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82044. “Payment” means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or anything else of value, whether tangible or intangible. (Added June 4, 1974, by initiative Proposition 9.)
  41. 82045.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “payment to influence legislative or administrative action” by listing several kinds of payments covered by the term.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82045. “Payment to influence legislative or administrative action” means any of the following types of payment: (a) Direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing or contracting for the services of the lobbyist separately or jointly with other persons; (b) Payment in support or assistance of a lobbyist or the lobbyist’s activities, including, but not limited to, the direct payment of expenses incurred at the request or suggestion of the lobbyist; (c) Payment which directly or indirectly benefits any elective state official, legislative official, or agency official or a member of the immediate family of any such official; (d) Payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee, for or in connection with direct communication with any elective state official, legislative official, or agency official; (e) Payment for or in connection with soliciting or urging other persons to enter into direct communication with any elective state official, legislative official, or agency official. (Amended by Stats. 2021, Ch. 50, Sec. 144. (AB 378) Effective January 1, 2022.)
  42. 82047.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “Person” to include many types of individuals, businesses, organizations, and groups acting together.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82047. “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (Amended by Stats. 1994, Ch. 1010, Sec. 144. Effective January 1, 1995. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  43. 82047.3.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “placement agent” and lists people who are not placement agents.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82047.3. (a) “Placement agent” means an individual directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager or an investment fund managed by an external manager, and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a state public retirement system in California or an investment vehicle either of the following: (1) In the case of an external manager within the meaning of paragraph (1) of subdivision (a) of Section 82025.3, the investment management services of the external manager. (2) In the case of an external manager within the meaning of paragraph (2) of subdivision (a) of Section 82025.3, an ownership interest in an investment fund managed by the external manager. (b) Notwithstanding subdivision (a), an individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager and who spends one-third or more of the individual’s time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager is not a placement agent. (c) Notwithstanding subdivision (a), an employee, officer, or director of an external manager, or of an affiliate of an external manager, is not a placement agent with respect to an offer or sale of investment management services described in subdivision (a) if all of the following apply: (1) The external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or, if exempt from or not subject to registration with the Securities and Exchange Commission, any appropriate state securities regulator. (2) The external manager is participating in a competitive bidding process, such as a request for proposals, subject to subdivision (a) of Section 22364 of the Education Code or subdivision (a) of Section 20153 of this code, as applicable, or has been selected through that process, and is providing services pursuant to a contract executed as a result of that competitive bidding process. (3) The external manager, if selected through a competitive bidding process described in paragraph (2), has agreed to a fiduciary standard of care, as defined by the standards of conduct applicable to the retirement board of a public pension or retirement system and set forth in Section 17 of Article XVI of the California Constitution, when managing a portfolio of assets of a state public retirement system in California. (d) For purposes of this section, “investment fund” has the same meaning as set forth in Section 7513.8. (e) For purposes of this section, “investment vehicle” means a corporation, partnership, limited partnership, limited liability company, association, or other entity, either domestic or foreign, managed by an external manager in which a state public retirement system in California is the majority investor and that is organized in order to invest with, or retain the investment management services of, other external managers. (Amended by Stats. 2021, Ch. 50, Sec. 145. (AB 378) Effective January 1, 2022.)
  44. 82047.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    This section defines “primarily formed committee” as a committee formed or existing mainly to support or oppose a single candidate, a single measure, specified candidates in the same local election, or two or more measures in the same local, multicounty, or state election.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82047.5. “Primarily formed committee” means a committee pursuant to subdivision (a) of Section 82013 which is formed or exists primarily to support or oppose any of the following: (a) A single candidate. (b) A single measure. (c) A group of specific candidates being voted upon in the same city, county, or multicounty election. (d) Two or more measures being voted upon in the same city, county, multicounty, or state election. (Amended by Stats. 1995, Ch. 295, Sec. 1. Effective January 1, 1996.)
  45. 82047.6.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “principal officer” for a committee.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82047.6. (a) “Principal officer” means the individual primarily responsible for approving the political activities of a committee, including, but not limited to, the following activities: (1) Authorizing the content of communications made by the committee. (2) Authorizing expenditures, including contributions, on behalf of the committee. (3) Determining the committee’s campaign strategy. (b) If two or more individuals share the primary responsibility for approving the political activities of a committee, each individual is a principal officer. (Added by Stats. 2012, Ch. 496, Sec. 4. (AB 481) Effective January 1, 2013.)
  46. 82047.7.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “proponent of a state ballot measure” by cross-reference to the Elections Code.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82047.7. “Proponent of a state ballot measure” means “proponent” as defined in Section 9001 of the Elections Code. (Amended by Stats. 2021, Ch. 317, Sec. 1. (AB 1590) Effective January 1, 2022.)
  47. 82048.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “public official” and lists who is included and excluded from that term.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82048. (a) (1) “Public official” means every member, officer, employee, or consultant of a state or local government agency. (2) Notwithstanding subdivision (e) of Section 6001 of the Business and Professions Code, “public official” includes a designated employee of, and a Member of the Board of Trustees of, the State Bar of California. (b) Notwithstanding subdivision (a), “public official” does not include the following: (1) A judge or court commissioner in the judicial branch of government. (2) A member of the Judicial Council. (3) A member of the Commission on Judicial Performance, provided that the member is subject to the provisions of Article 2.5 (commencing with Section 6035) of Chapter 4 of Division 3 of the Business and Professions Code as provided in Section 6038 of that article. (4) A federal officer or employee serving in an official federal capacity on a state or local government agency. (Amended by Stats. 2024, Ch. 489, Sec. 2. (SB 1476) Effective January 1, 2025. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  48. 82048.3.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “Slate mailer” means a mass mailing that supports or opposes four or more candidates or ballot measures.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82048.3. “Slate mailer” means a mass mailing which supports or opposes a total of four or more candidates or ballot measures. (Added by Stats. 1987, Ch. 905, Sec. 1.)
  49. 82048.4.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines when a person is a “slate mailer organization,” mainly based on producing slate mailers, controlling candidate/measure selections, and receiving or being promised at least $500 in a calendar year for that work.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82048.4. (a) “Slate mailer organization” means, except as provided in subdivision (b), any person who, directly or indirectly, does all of the following: (1) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers. (2) Receives or is promised payments totaling five hundred dollars ($500) or more in a calendar year for the production of one or more slate mailers. (b) Notwithstanding subdivision (a), a slate mailer organization shall not include any of the following: (1) A candidate or officeholder or a candidate’s or officeholder’s controlled committee. (2) An official committee of any political party. (3) A legislative caucus committee. (4) A committee primarily formed to support or oppose a candidate, officeholder, or ballot measure. (c) The production and distribution of slate mailers by a slate mailer organization shall not be considered making contributions or expenditures for purposes of subdivision (b) or (c) of Section 82013. If a slate mailer organization makes contributions or expenditures other than by producing or distributing slate mailers, and it reports those contributions and expenditures pursuant to Sections 84218 and 84219, no additional campaign reports shall be required of the slate mailer organization pursuant to Section 84200 or 84200.5. (Added by renumbering Section 82048.5 (as added by Stats. 1987, Ch. 905) by Stats. 1988, Ch. 160, Sec. 77.)
  50. 82048.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “special district” as a state agency created to perform governmental or proprietary functions within limited boundaries.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82048.5. “Special district” means any agency of the state established for the local performance of governmental or proprietary functions within limited boundaries. “Special district” includes a county service area, a maintenance district or area, an improvement district or zone, an air pollution control district, or a redevelopment agency. “Special district” shall not include a city, county, city and county, or school district. (Added by Stats. 1994, Ch. 36, Sec. 2. Effective January 1, 1995.)
  51. 82048.7.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “sponsored committee” and says most people may sponsor a committee, except a candidate or other individual.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82048.7. (a) “Sponsored committee” means a committee, other than a candidate controlled committee, that has one or more sponsors. Any person, except a candidate or other individual, may sponsor a committee. (b) A person sponsors a committee if any of the following apply: (1) The committee receives 80 percent or more of its contributions from the person or its members, officers, employees, or shareholders. (2) The person collects contributions for the committee by use of payroll deductions or dues from its members, officers, or employees. (3) The person, alone or in combination with other organizations, provides all or nearly all of the administrative services for the committee. (4) The person, alone or in combination with other organizations, sets the policies for soliciting contributions or making expenditures of committee funds. (c) A sponsor that is a multipurpose organization, as defined in subdivision (a) of Section 84222, and that makes contributions or expenditures from its general treasury funds shall comply with Section 84222. (Amended by Stats. 2014, Ch. 16, Sec. 4. (SB 27) Effective May 14, 2014. Operative July 1, 2014, by Stats. 2014, Ch. 16, Sec. 10.)
  52. 82048.8.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    For this section, “spouse” includes registered domestic partners recognized by state law.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82048.8. “Spouse” includes registered domestic partners recognized by state law. (Added by Stats. 2019, Ch. 312, Sec. 7. (AB 902) Effective January 1, 2020.)
  53. 82049.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “State agency” is defined to include every state office, department, division, bureau, board and commission, and the Legislature.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82049. “State agency” means every state office, department, division, bureau, board and commission, and the Legislature. (Amended by Stats. 1984, Ch. 727, Sec. 6. Operative July 1, 1985, by Sec. 12 of Ch. 727. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  54. 8205.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public has several required duties when requested, including protesting bills and notes, taking acknowledgments and proofs, administering oaths, certifying certain copies, providing journal copies to the Secretary of State, and responding to certain written requests within 30 days. A notary may not accept an acknowledgment or proof for an incomplete instrument.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8205. (a) It is the duty of a notary public, when requested: (1) To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notary’s employment with the financial institution. (2) To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary public’s own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete. (3) To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary public’s own handwriting. (4) To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary public’s own handwriting. (b) It shall further be the duty of a notary public, upon written request: (1) To furnish to the Secretary of State certified copies of the notary’s journal. (2) To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of State’s office for information relating to official acts performed by the notary. (Amended by Stats. 2016, Ch. 366, Sec. 4. (SB 974) Effective January 1, 2017.)
  55. 82050.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “State candidate” means a candidate seeking nomination or election to any elective state office.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82050. “State candidate” means a candidate who seeks nomination or election to any elective state office. (Added June 4, 1974, by initiative Proposition 9.)
  56. 82051.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “State measure” means any measure submitted, or intended to be submitted, to the state’s voters.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82051. “State measure” means any measure which is submitted or is intended to be submitted to the voters of the state. (Added June 4, 1974, by initiative Proposition 9.)
  57. 82052.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “statewide candidate” as a candidate seeking election to any statewide elective office.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82052. “Statewide candidate” means a candidate who seeks election to any statewide elective office. (Added June 4, 1974, by initiative Proposition 9.)
  58. 82053.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    This section defines “Statewide elective office” to include several California statewide offices.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82053. “Statewide elective office” means the office of Governor, Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction and member of the State Board of Equalization. (Amended by Stats. 2000, Ch. 102, Sec. 3. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  59. 82054.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. )

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    “Statewide petition” means a petition to qualify a proposed state measure.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 2. Definitions [82000 - 82054] ( Chapter 2 added June 4, 1974, by initiative Proposition 9. ) ## 82054. “Statewide petition” means a petition to qualify a proposed state measure. (Added June 4, 1974, by initiative Proposition 9.)
  60. 8206.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    Notaries public must keep and secure a sequential journal, record specified transaction details, report journal loss or seizure-related events, and provide copies only in limited circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8206. (a) (1) A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1. (2) The journal shall be in addition to, and apart from, any copies of notarized documents that may be in the possession of the notary public and shall include all of the following: (A) Date, time, and type of each official act. (B) Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary. (C) The signature of each person whose signature is being notarized. (D) A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document. (E) If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses. (F) The fee charged for the notarial service. (G) If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance. (b) If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts. (c) Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page. (d) The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary public’s employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employer’s business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer. (e) The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested. (f) Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal. (Amended by Stats. 2016, Ch. 366, Sec. 5. (SB 974) Effective January 1, 2017.)
  61. 8206.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary must respond to a request for a transaction copy within 15 business days and either provide the photostatic copy or say no such line item exists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8206.5. Upon receiving a request for a copy of a transaction pursuant to subdivision (c) of Section 8206, the notary shall respond to the request within 15 business days after receipt of the request and either supply the photostatic copy requested or acknowledge that no such line item exists. In a disciplinary proceeding for noncompliance with subdivision (c) of Section 8206 or this section, a notary may defend his or her delayed action on the basis of unavoidable, exigent business or personal circumstances. (Added by Stats. 2007, Ch. 496, Sec. 1. Effective January 1, 2008.)
  62. 8207.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public must keep an official seal, use it only for notarial duties, and protect it securely.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8207. A notary public shall provide and keep an official seal, which shall clearly show, when embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal, the words “Notary Public,” and the name of the county wherein the bond and oath of office are filed, and the date the notary public’s commission expires. The seal of every notary public commissioned on or after January 1, 1992, shall contain the sequential identification number assigned to the notary and the sequential identification number assigned to the manufacturer or vendor. The notary public shall authenticate with the official seal all official acts. A notary public shall not use the official notarial seal except for the purpose of carrying out the duties and responsibilities as set forth in this chapter. A notary public shall not use the title “notary public” except for the purpose of rendering notarial service. The seal of every notary public shall be affixed by a seal press or stamp that will print or emboss a seal which legibly reproduces under photographic methods the required elements of the seal. The seal may be circular not over two inches in diameter, or may be a rectangular form of not more than one inch in width by two and one-half inches in length, with a serrated or milled edged border, and shall contain the information required by this section. The seal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the seal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1. The official seal of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person. The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s commission. This section shall become operative on January 1, 1992. (Amended by Stats. 1997, Ch. 319, Sec. 5. Effective January 1, 1998.)
  63. 8207.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The Secretary of State must assign each notary a sequential identification number, and that number must appear on the notary commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8207.1. The Secretary of State shall assign a sequential identification number to each notary which shall appear on the notary commission. This section shall become operative on January 1, 1992. (Added by Stats. 1990, Ch. 828, Sec. 3. Section operative January 1, 1992, by its own provisions.)
  64. 8207.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The Secretary of State must set up procedures for notary seals, issue permits to authorized manufacturers and vendors, and create a certificate of authorization. Notary seals or press stamps may not be manufactured, duplicated, sold, or offered for sale unless authorized by the Secretary of State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8207.2. (a) No notary seal or press stamp shall be manufactured, duplicated, sold, or offered for sale unless authorized by the Secretary of State. (b) The Secretary of State shall develop and implement procedures and guidelines for the issuance of notary seals on or before January 1, 1992. (c) The Secretary of State shall issue a permit with a sequential identification number to each manufacturer or vendor authorized to issue notary seals. The Secretary of State may establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit. (d) The Secretary of State shall develop a certificate of authorization to purchase a notary stamp from an authorized vendor. (e) The certificate of authorization shall be designed to prevent forgeries and shall contain a sequential identification number. (f) This section shall become operative on January 1, 1992. (Added by Stats. 1990, Ch. 828, Sec. 4. Section operative January 1, 1992, by its own provisions.)
  65. 8207.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The Secretary of State must issue authorization certificates for notary seals, and notaries must promptly report lost or unusable seals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8207.3. (a) The Secretary of State shall issue certificates of authorization with which a notary public can obtain an official notary seal. (b) A vendor or manufacturer is authorized to provide a notary with an official seal only upon presentation by the notary public of a certificate of authorization. (c) A vendor of official seals shall note the receipt of certificates of authorization and sequential identification numbers of certificates presented by a notary public upon a certificate of authorization. (d) A copy of a certificate of authorization shall be retained by a vendor and the original, which shall contain a sample impression of the seal issued to the notary public, shall be submitted to the Secretary of State for verification and recordkeeping. The Secretary of State shall develop guidelines for submitting certificates of authorization by vendors. (e) Any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable shall immediately mail or deliver written notice of that fact to the Secretary of State. The Secretary of State, within five working days after receipt of the notice, if requested by a notary, shall issue a certificate of authorization which a notary may use to obtain a replacement seal. (f) This section shall become operative on January 1, 1992. (Added by Stats. 1990, Ch. 828, Sec. 5. Section operative January 1, 1992, by its own provisions.)
  66. 8207.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A person who willfully violates certain notary public sections may face a civil penalty of up to $1,500 per violation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8207.4. (a) Any person who willfully violates any part of Section 8207, 8207.1, 8207.2, 8207.3, 8231.7, or 8231.8 shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500) for each violation, which may be recovered in a civil action brought by the Attorney General or the district attorney or city attorney, or by a city prosecutor in any city and county. (b) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. (c) This section shall become operative on January 1, 1992. (Amended by Stats. 2023, Ch. 291, Sec. 6. (SB 696) Effective January 1, 2024.)
  67. 8208.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public’s protest of a bill of exchange or promissory note can count as prima facie evidence of the facts stated in the protest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8208. The protest of a notary public acting in the course and scope of employment by a financial institution, under his or her hand and official seal, of a bill of exchange or promissory note for nonacceptance or nonpayment, specifying any of the following is prima facie evidence of the facts recited therein: (a) The time and place of presentment. (b) The fact that presentment was made and the manner thereof. (c) The cause or reason for protesting the bill. (d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found. (Amended by Stats. 2011, Ch. 269, Sec. 6. (AB 75) Effective January 1, 2012.)
  68. 8209.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    When a notary public leaves office or dies, the notary or the personal representative must deliver the notarial records to the county clerk; willful noncompliance is a misdemeanor and can create damages liability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8209. (a) If any notary public resigns, is disqualified, removed from office, or allows his or her appointment to expire without obtaining reappointment within 30 days, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file. If the notary public willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days, the person is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction. (b) In the case of the death of a notary public, the personal representative of the deceased shall promptly notify the Secretary of State of the death of the notary public and shall deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file. (c) After 10 years from the date of deposit with the county clerk, if no request for, or reference to such records has been made, they may be destroyed upon order of court. (Amended by Stats. 1982, Ch. 1543, Sec. 4.)
  69. 821.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

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    A public employee is not liable for injury caused by adopting, failing to adopt, or failing to enforce an enactment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 821. A public employee is not liable for an injury caused by his adoption of or failure to adopt an enactment or by his failure to enforce an enactment. (Added by Stats. 1963, Ch. 1681.)
  70. 821.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public employee is exempt from liability for injuries caused by decisions or failures to act on permits and similar authorizations when the employee is authorized by law to make that decision.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 821.2. A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where he is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended or revoked. (Added by Stats. 1963, Ch. 1681.)
  71. 821.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

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    A public employee is not liable for injury caused by failing to inspect, or by making an inadequate or negligent inspection, of certain property when the inspection is for code or safety compliance purposes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 821.4. A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than the property (as defined in subdivision (c) of Section 830) of the public entity employing the public employee, for the purpose of determining whether the property complies with or violates any enactment or contains or constitutes a hazard to health or safety. (Added by Stats. 1963, Ch. 1681.)
  72. 821.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

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    A public entity or qualifying public employee is not liable for failing to prohibit or limit when cargo tank vehicles carrying flammable liquid placards may travel through a tunnel.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 821.5. A public entity or a public employee acting within the scope of his employment is not liable for failing to prohibit or restrict the time that cargo tank vehicles required to display flammable liquid placards may travel through a tunnel. (Added by Stats. 1982, Ch. 1255, Sec. 1.)
  73. 821.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public employee is not liable for injury caused by starting or pursuing a judicial or administrative proceeding within the scope of employment, even if done maliciously and without probable cause.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 821.6. A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause. (Added by Stats. 1963, Ch. 1681.)
  74. 821.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

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    A public employee is not liable for injury arising from entry onto property if that entry is authorized by law, but the section does not protect the employee from liability for injuries caused by the employee’s own negligent or wrongful act or omission.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 821.8. A public employee is not liable for an injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this section exonerates a public employee from liability for an injury proximately caused by his own negligent or wrongful act or omission. (Added by Stats. 1963, Ch. 1681.)
  75. 8211.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public may not charge more than the listed fees, and must not charge any fee for notarizing vote-by-mail voting materials or notarizing certain veterans’ benefit applications or claims.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8211. Fees charged by a notary public for the following services shall not exceed the fees prescribed by this section. (a) For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of fifteen dollars ($15) for each signature taken. (b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of fifteen dollars ($15). (c) For all services rendered in connection with the taking of any deposition, the sum of thirty dollars ($30), and in addition thereto, the sum of seven dollars ($7) for administering the oath to the witness and the sum of seven dollars ($7) for the certificate to the deposition. (d) No fee may be charged to notarize signatures on vote by mail ballot identification envelopes or other voting materials. (e) For certifying a copy of a power of attorney under Section 4307 of the Probate Code the sum of fifteen dollars ($15). (f) In accordance with Section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit. (Amended by Stats. 2016, Ch. 133, Sec. 1. (AB 2217) Effective January 1, 2017.)
  76. 8212.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A person appointed as a notary public must execute an official bond for $15,000, and the bond must be issued by an admitted surety insurer rather than provided as a deposit in lieu of bond.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8212. Every person appointed a notary public shall execute an official bond in the sum of fifteen thousand dollars ($15,000). The bond shall be in the form of a bond executed by an admitted surety insurer and not a deposit in lieu of bond. (Amended by Stats. 1996, Ch. 79, Sec. 1. Effective January 1, 1997.)
  77. 8213.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    Notaries public must file an official bond and oath of office with the county clerk within 30 days after their commission term begins.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8213. (a) No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail or any other means of physical delivery that provides a receipt. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof. (b) If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond. (c) If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable. (d) The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder. (e) The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording. (Amended by Stats. 2016, Ch. 366, Sec. 6. (SB 974) Effective January 1, 2017.)
  78. 8213.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public must tell the Secretary of State within 30 days if the notary’s business or residence address changes, and may not use a mail receiving agency or post office box as the principal business or residence address unless a physical street address is also provided.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8213.5. A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500). (Amended by Stats. 2016, Ch. 366, Sec. 7. (SB 974) Effective January 1, 2017.)
  79. 8213.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public who changes name must file a name-change application with the Secretary of State; after approval, the Secretary of State issues a commission with the new name, and willful failure to notify can be fined up to $500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8213.6. If a notary public changes his or her name, the notary public shall complete an application for name change form and file that application with the Secretary of State. Information on this form shall be subject to the confidentiality provisions described in Section 8201.5. Upon approval of the name change form, the Secretary of State shall issue a commission that reflects the new name of the notary public. The term of the commission and commission number shall remain the same. Willful failure to notify the Secretary of State of a name change shall be punishable as an infraction by a fine of not more than five hundred dollars ($500). (Amended by Stats. 2007, Ch. 399, Sec. 10. Effective January 1, 2008.)
  80. 8214.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public and the sureties on the notary’s official bond are liable in a civil action for damages caused by the notary’s official misconduct or neglect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214. For the official misconduct or neglect of a notary public, the notary public and the sureties on the notary public’s official bond are liable in a civil action to the persons injured thereby for all the damages sustained. (Amended by Stats. 1982, Ch. 517, Sec. 248.)
  81. 8214.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The Secretary of State may refuse to appoint a person as a notary public, or may revoke or suspend a notary public’s commission, if one of the listed grounds applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.1. The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds: (a) Substantial and material misstatement or omission in the application submitted to the Secretary of State to become a notary public. (b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision. (c) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct based on dishonesty, or for any cause substantially relating to the duties or responsibilities of a notary public. (d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public. (e) When adjudicated liable for damages in any suit grounded in fraud, misrepresentation, or for a violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public. (f) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that the notary public does not possess by law. (g) The practice of law in violation of Section 6125 of the Business and Professions Code. (h) Charging more than the fees prescribed by this chapter. (i) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the notary public or another, or substantially injure another. (j) Failure to complete the acknowledgment at the time the notary’s signature and seal are affixed to the document. (k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205. (l) Execution of any certificate as a notary public containing a statement known to the notary public to be false. (m) Violation of Section 8223. (n) Failure to submit any remittance payable upon demand by the Secretary of State under this chapter or failure to satisfy any court-ordered money judgment, including restitution. (o) Failure to secure the sequential journal of official acts, pursuant to Section 8206, or the official seal, pursuant to Section 8207, or willful failure to report the theft or loss of the sequential journal, pursuant to subdivision (b) of Section 8206. (p) Violation of Section 8219.5. (q) Commission of an act in violation of Section 6203, 8214.2, 8225, or 8227.3 or of Section 115, 470, 487, subdivision (a) of Section 487a, or Section 530.5 of the Penal Code. (r) Willful failure to provide access to the sequential journal of official acts upon request by a peace officer. (s) Violation of Section 8231.5 or 8231.6. (t) Use of an online notarization system from an online notarization platform not in compliance with Section 8231.14. (u) Use of a depository not in compliance with Section 8231.14. (Amended by Stats. 2024, Ch. 80, Sec. 55. (SB 1525) Effective January 1, 2025.)
  82. 8214.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    This section sets civil penalties for specified violations of Section 8214.1 and says collected penalties must go to the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.15. (a) In addition to any commissioning or disciplinary sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section 8214.1, or a willful violation of subdivision (d) of Section 8214.1, is punishable by a civil penalty not to exceed one thousand five hundred dollars ($1,500). (b) In addition to any commissioning or disciplinary sanction, a violation of subdivision (h), (j), or (k) of Section 8214.1, or a negligent violation of subdivision (d) of Section 8214.1 is punishable by a civil penalty not to exceed seven hundred fifty dollars ($750). (c) The civil penalty may be imposed by the Secretary of State if a hearing is not requested pursuant to Section 8214.3. If a hearing is requested, the hearing officer shall make the determination. (d) Any civil penalties collected pursuant to this section shall be transferred to the General Fund. It is the intent of the Legislature that to the extent General Fund moneys are raised by penalties collected pursuant to this section, that money shall be made available to the Secretary of State’s office to defray its costs of investigating and pursuing commissioning and monetary remedies for violations of the notary public law. (Amended by Stats. 2014, Ch. 913, Sec. 20. (AB 2747) Effective January 1, 2015.)
  83. 8214.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public commits a felony if they knowingly and willfully, with intent to defraud, perform a notarial act on a deed of trust for a qualifying single-family residence and know the deed is false or forged.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.2. (a) A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged, in whole or in part, is guilty of a felony. (b) The penalty provided by this section is not an exclusive remedy and does not affect any other relief or remedy provided by law. (Amended by Stats. 2007, Ch. 399, Sec. 12. Effective January 1, 2008.)
  84. 8214.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public who willfully refuses a peace officer’s request for access to the sequential journal of notarial acts may be hit with a civil penalty of up to $2,500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.21. A notary public who willfully fails to provide access to the sequential journal of notarial acts when requested by a peace officer shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section. (Added by Stats. 2007, Ch. 399, Sec. 14. Effective January 1, 2008.)
  85. 8214.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A notary public who fails to obtain a required thumbprint may be fined up to $2,500, and prosecutors must be told about any penalty imposed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.23. (a) A notary public who fails to obtain a thumbprint, as required by Section 8206, from a party signing a document shall be subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section. (b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. (Added by Stats. 2007, Ch. 399, Sec. 15. Effective January 1, 2008.)
  86. 8214.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The person affected has a right to a hearing before revocation or suspension, after a denial of a commission, or before a civil penalty is imposed, except in two stated denial cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.3. Prior to a revocation or suspension pursuant to this chapter or after a denial of a commission, or prior to the imposition of a civil penalty, the person affected shall have a right to a hearing on the matter and the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, except that a person shall not have a right to a hearing after a denial of an application for a notary public commission in either of the following cases: (a) The Secretary of State has, within one year previous to the application, and after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, denied or revoked the applicant’s application or commission. (b) The Secretary of State has entered an order pursuant to Section 8214.4 finding that the applicant has committed or omitted acts constituting grounds for suspension or revocation of a notary public’s commission. (Amended by Stats. 1993, Ch. 664, Sec. 2. Effective January 1, 1994.)
  87. 8214.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    The Secretary of State may keep or start disciplinary action against a notary public even if the commission has been resigned or has expired, and must issue an order at the end of the proceeding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.4. Notwithstanding this chapter or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, if the Secretary of State determines, after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, that any notary public has committed or omitted acts constituting grounds for suspension or revocation of a notary public’s commission, the resignation or expiration of the notary public’s commission shall not bar the Secretary of State from instituting or continuing an investigation or instituting disciplinary proceedings. Upon completion of the disciplinary proceedings, the Secretary of State shall enter an order finding the facts and stating the conclusion that the facts would or would not have constituted grounds for suspension or revocation of the commission if the commission had still been in effect. (Amended by Stats. 1983, Ch. 142, Sec. 31.)
  88. 8214.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    If the Secretary of State revokes a notary public commission, the Secretary of State must file a copy of the revocation with the county clerk, and the county clerk must record the revocation and its date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.5. Whenever the Secretary of State revokes the commission of any notary public, the Secretary of State shall file with the county clerk of the county in which the notary public’s principal place of business is located a copy of the revocation. The county clerk shall note such revocation and its date upon the original record of such certificate. (Added by Stats. 1977, Ch. 1009.)
  89. 8214.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    If a commissioned notary public is convicted of certain offenses, the court must revoke the commission and require surrender of the seal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8214.8. Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public. The court shall forward the seal, together with a certified copy of the judgment of conviction, to the Secretary of State. (Added by Stats. 2005, Ch. 295, Sec. 2. Effective January 1, 2006.)
  90. 8216.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    A surety who wants to stop being responsible for future acts of a notary must do so through Article 11, not by cancellation or withdrawal under Article 13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8216. When a surety of a notary desires to be released from responsibility on account of future acts, the release shall be pursuant to Article 11 (commencing with Section 996.110), and not by cancellation or withdrawal pursuant to Article 13 (commencing with Section 996.310), of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure. For this purpose the surety shall make application to the superior court of the county in which the notary public’s principal place of business is located and the copy of the application and notice of hearing shall be served on the Secretary of State as the beneficiary. (Amended by Stats. 1982, Ch. 517, Sec. 249.)
  91. 8219.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    Certain non-attorney notaries who advertise in another language must post a required bilingual notice, and they may not use a literal Spanish translation of “notary public.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8219.5. (a) Every notary public who is not an attorney who advertises the services of a notary public in a language other than English by signs or other means of written communication, with the exception of a single desk plaque, shall post with that advertisement a notice in English and in the other language which sets forth the following: (1) This statement: I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters. (2) The fees set by statute which a notary public may charge. (b) The notice required by subdivision (a) shall be printed and posted as prescribed by the Secretary of State. (c) Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario publico” or “notario,” is prohibited. For purposes of this subdivision, “literal translation” of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated. (d) The Secretary of State shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c). However, on the second offense the commission of such notary public shall be revoked permanently. (Amended by Stats. 1998, Ch. 879, Sec. 30. Effective January 1, 1999.)
  92. 822.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public employee is not liable for money stolen from official custody, unless the loss resulted from the employee’s own negligent or wrongful act or omission.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 822. A public employee is not liable for money stolen from his official custody. Nothing in this section exonerates a public employee from liability if the loss was sustained as a result of his own negligent or wrongful act or omission. (Added by Stats. 1963, Ch. 1681.)
  93. 822.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public employee acting within the scope of employment is generally not liable for injury caused by misrepresentation, unless actual fraud, corruption, or actual malice is shown.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 822.2. A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional, unless he is guilty of actual fraud, corruption or actual malice. (Added by Stats. 1963, Ch. 1681.)
  94. 8220.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    The Secretary of State may adopt rules and regulations for this chapter, and those regulations must follow the Administrative Procedure Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8220. The Secretary of State may adopt rules and regulations to carry out the provisions of this chapter. The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). (Amended by Stats. 2004, Ch. 183, Sec. 137. Effective January 1, 2005.)
  95. 8221.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A person who knowingly destroys, defaces, or conceals records or papers of a notary public commits a misdemeanor and may also face civil damages.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8221. (a) If any person shall knowingly destroy, deface, or conceal any records or papers belonging to the office of a notary public, such person shall be guilty of a misdemeanor and be liable in a civil action for damages to any person injured as a result of such destruction, defacing, or concealment. (b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. (c) The penalty provided by this section is not an exclusive remedy and does not affect any other relief or remedy provided by law. (Amended by Stats. 2007, Ch. 399, Sec. 16. Effective January 1, 2008.)
  96. 8222.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    The Secretary of State may seek an injunction for suspected chapter violations, a court may issue injunctive relief, parties may appeal, and the court may order reimbursement of investigation expenses; if the order is later dissolved on appeal, the Secretary of State must refund any reimbursement received.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8222. (a) Whenever it appears to the Secretary of State that any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule or regulation prescribed under the authority thereof, the Secretary of State may apply for an injunction, and upon a proper showing, any court of competent jurisdiction has power to issue a permanent or temporary injunction or restraining order to enforce the provisions of this chapter, and any party to the action has the right to prosecute an appeal from the order or judgment of the court. (b) The court may order a person subject to an injunction or restraining order provided for in this section to reimburse the Secretary of State for expenses incurred in the investigation related to the petition. The Secretary of State shall refund any amount received as reimbursement should the injunction or restraining order be dissolved by an appellate court. (Amended by Stats. 1982, Ch. 517, Sec. 252.)
  97. 8223.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public who presents themself as an immigration specialist may not advertise that they are a notary public. A qualified and bonded immigration-consultant notary may enter client data on immigration forms, but may charge no more than $15 per person per set of forms. Unqualified notary publics may not enter that data or perform immigration-consultant services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8223. (a) A notary public who holds himself or herself out as being an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters shall not advertise in any manner whatsoever that he or she is a notary public. (b) A notary public qualified and bonded as an immigration consultant under Chapter 19.5 (commencing with Section 22440) of Division 8 of the Business and Professions Code may enter data, provided by the client, on immigration forms provided by a federal or state agency. The fee for this service shall not exceed fifteen dollars ($15) per individual for each set of forms. If notary services are performed in relation to the set of immigration forms, additional fees may be collected pursuant to Section 8211. This fee limitation shall not apply to an attorney, who is also a notary public, who is rendering professional services regarding immigration matters. (c) This section shall not be construed to exempt a notary public who enters data on an immigration form at the direction of a client, or otherwise performs the services of an immigration consultant, as defined by Section 22441 of the Business and Professions Code, from the requirements of Chapter 19.5 (commencing with Section 22440) of Division 8 of the Business and Professions Code. A notary public who is not qualified and bonded as an immigration consultant under Chapter 19.5 (commencing with Section 22440) of Division 8 of the Business and Professions Code may not enter data provided by a client on immigration forms nor otherwise perform the services of an immigration consultant. (Amended by Stats. 2016, Ch. 133, Sec. 2. (AB 2217) Effective January 1, 2017.)
  98. 8224.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public with a direct financial or beneficial interest in a transaction must not perform a notarial act for that transaction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8224. A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: (a) With respect to a financial transaction, is named, individually, as a principal to the transaction. (b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction. For purposes of this section, a notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction. (Added by Stats. 1977, Ch. 1009.)
  99. 8224.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public must not take acknowledgments or proofs of instruments executed by the notary public, and must not have the notary public’s own depositions or affidavits taken by the notary public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8224.1. A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public. (Added by Stats. 1977, Ch. 1009.)
  100. 8225.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A person who knowingly pressures or influences a notary public to do an improper notarial act commits a misdemeanor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8225. (a) Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206, shall be guilty of a misdemeanor. (b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. (c) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. (Amended by Stats. 2007, Ch. 399, Sec. 17. Effective January 1, 2008.)
  101. 8227.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A person who is not a duly commissioned, qualified, and acting California notary public must not present themselves as a notary or act like one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8227.1. It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California to do any of the following: (a) Represent or hold himself or herself out to the public or to any person as being entitled to act as a notary public. (b) Assume, use or advertise the title of notary public in such a manner as to convey the impression that the person is a notary public. (c) Purport to act as a notary public. (Added by Stats. 1977, Ch. 1009.)
  102. 8227.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A person who is not a duly commissioned, qualified, and acting notary public commits a felony if they do acts prohibited by Section 8227.1 for certain real-property documents involving a single-family residence with up to four dwelling units.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8227.3. Any person who is not a duly commissioned, qualified, and acting notary public who does any of the acts prohibited by Section 8227.1 in relation to any document or instrument affecting title to, placing an encumbrance on, or placing an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, is guilty of a felony. (Added by Stats. 1984, Ch. 1397, Sec. 5.)
  103. 8228.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    The Secretary of State or a peace officer may inspect a notary public’s records to enforce this chapter, if acting with reasonable suspicion and within official authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8228. The Secretary of State or a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing reasonable suspicion and acting in his or her official capacity and within his or her authority, may enforce the provisions of this chapter through the examination of a notary public’s books, records, letters, contracts, and other pertinent documents relating to the official acts of the notary public. (Amended by Stats. 2007, Ch. 399, Sec. 18. Effective January 1, 2008.)
  104. 8228.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

    Verify source ↗

    A notary public who willfully ignores required duties, loses exclusive control of the seal, or gives the seal to an unauthorized person commits a misdemeanor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8228.1. (a) Any notary public who willfully fails to perform any duty required of a notary public under Section 8206, or who willfully fails to keep the seal of the notary public under the direct and exclusive control of the notary public, or who surrenders the seal of the notary public to any person not otherwise authorized by law to possess the seal of the notary, shall be guilty of a misdemeanor. (b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. (c) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. (Amended by Stats. 2007, Ch. 399, Sec. 19. Effective January 1, 2008.)
  105. 823.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    The widow, widower, and heirs of a slain peace officer are not individually liable for injuries or death caused by the officer’s act or omission in the line of duty.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 3. Liability of Public Employees [820 - 823] ( Article 3 added by Stats. 1963, Ch. 1681. ) ## 823. Neither the widow, widower, nor the heirs of a peace officer, as defined in Sections 830.1, 830.2, and 830.32 of the Penal Code, shall be liable individually for any injury or death that may result from an act or omission of a peace officer that occurs in his or her line of duty, including an act or omission not directly related to the officer’s death, if the officer was slain while in the line of duty. Nothing in this section shall preclude any action from being brought against the estate of the peace officer. (Added by Stats. 1998, Ch. 559, Sec. 2. Effective January 1, 1999.)
  106. 8230.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. )

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    When a notary public executes a jurat under the listed conditions, the notary must require the signer to verify the birthdate or age by showing specified identification. For certain INS-related purposes, the notary may also accept other INS-acceptable documents or declarations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Notaries Public [8200 - 8230] ( Article 1 heading added by Stats. 2023, Ch. 291, Sec. 5. ) ## 8230. If a notary public executes a jurat and the statement sworn or subscribed to is contained in a document purporting to identify the affiant, and includes the birthdate or age of the person and a purported photograph or finger or thumbprint of the person so swearing or subscribing, the notary public shall require, as a condition to executing the jurat, that the person verify the birthdate or age contained in the statement by showing either: (a) A certified copy of the person’s birth certificate, or (b) An identification card or driver’s license issued by the Department of Motor Vehicles. For the purposes of preparing for submission of forms required by the United States Immigration and Naturalization Service, and only for such purposes, a notary public may also accept for identification any documents or declarations acceptable to the United States Immigration and Naturalization Service. (Added by Stats. 1977, Ch. 1009.)
  107. 8231.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    This section names the Online Notarization Act and bars California notaries from providing online notarization until they are registered with the Secretary of State and the required technology project is complete.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231. (a) This article shall be known, and may be cited, as the Online Notarization Act. (b) An online notarization platform shall not be authorized for use by a notary public in California and a notary public shall not provide online notarization for any principal pursuant to this article prior to registration with the Secretary of State or prior to completion of the Secretary of State’s technology project necessary to implement statutes related to online notarization. The Secretary of State shall complete the technology project no later than January 1, 2030, unless the Secretary of State informs the Legislature and the Governor in writing on or before January 1, 2029, that the technology project necessary to implement statutes related to online notarization is incomplete. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  108. 8231.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    This section defines terms used in the online notarization article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.1. As used in this article, the following terms have the following meanings: (a) “Audio-video communication” means being able to see, hear, and communicate with another individual in real time using electronic means in a manner that conforms to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. (b) “Audio-video recording” means a recording of the audio-video communication of an online notarial act required by Section 8231.6. (c) “Credential” means a government-issued record evidencing an individual’s identity that satisfies the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code. (d) “Credential analysis” means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article, through which a third party affirms the validity of a credential through review of public and proprietary data sources. (e) “Depository” means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231.14 and is capable of storing a journal entry or audio-video recording on behalf of a notary public. (f) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (g) “Electronic journal” means an active sequential record of official acts performed while using an online notarization system performed by a person acting as a notary public authorized to perform online notarization maintained in a secure electronic format according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. (h) “Electronic online notarial certificate” means the part of, or attachment to, an electronic record that is completed by the notary public authorized to perform online notarization and contains both of the following: (1) The notary public’s electronic signature and electronic seal or, where applicable, the notary public’s electronic signature that meets the requirements of subdivision (f) of Section 27391. (2) The facts attested to by the notary public in the particular online notarization. (i) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. (j) “Electronic seal” means information within a notarized electronic record that corresponds to information in notary seals used on paper records and that, where applicable, conforms to the requirement of this article, including, but not limited to, subdivision (b) of Section 8231.7 and any rules or regulations adopted by the Secretary of State pursuant to this article. (k) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. (l) “Encrypt” or “encrypted” means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (m) “Express written request” means a request made in writing and initiated by a principal to access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the specified information for a specific purpose. The nature of the access, use, sharing, sale, disclosure, production, provision, release, transfer, dissemination, or other communication shall be conveyed to the principal in clear and prominent terms in such a manner that an ordinary principal would notice and understand it. Express consent cannot be inferred. (n) “Identity proofing” means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article through which a third party affirms the identity of an individual through review of personal information from public or proprietary data sources. (o) “Notarial act” means the performance of an act by an individual that is authorized under the laws of this state, including acts described in Sections 8202, 8205, this article, and Sections 1185 and 1195 of the Civil Code. (p) “Notary public’s electronic signature” means an electronic signature that does both of the following: (1) Meets the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. (2) Includes an image of the notary public’s handwritten signature, as required to be provided to the Secretary of State under subdivision (d) of Section 8231.7. (q) “Open format” means information that is formatted in a manner that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. (r) “Online notarization” and “online notarial act” mean a notarial act performed by a notary public authorized to perform online notarization by means of an online notarization system that meets the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article, if the record that is the subject of the notarial act is an electronic record. (s) “Online notarization platform” means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231.14 and provides an online notarization system to a notary public authorized to perform online notarization. (t) “Online notarization system” means the computer hardware and software that enable a notary public to do both of the following: (1) Perform an online notarial act by means of audio-video communication. (2) Create an audio-video recording and a corresponding entry for the appropriate electronic journal for each online notarial act performed as described in paragraph (1). (u) “Principal” means an individual, other than a credible witness pursuant to Section 1185 of the Civil Code, whose electronic signature is notarized, or whose oath or affirmation is taken by a notary public, during an online notarization. (v) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in both physical and electronic form. (w) “Records of online notarial acts” means, collectively, the electronic journal entries required by Section 8231.5 and the audio-video recordings required by Section 8231.6. (x) “Remote presentation” means transmission to the notary public through audio-video communication of an image of a government-issued identification that complies with paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code that is of sufficient quality to enable the notary public to identify the individual seeking the notary public’s services. Remote presentation shall conform to the standards of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. (y) “United States” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  109. 8231.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    Online notarizing notaries must post a $25,000 official bond, use an admitted surety insurer bond (not a deposit), and file the bond with the county clerk where their principal place of business is located.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.10. Every person appointed as a notary public authorized to perform online notarizations shall execute an official bond in the sum of twenty-five thousand dollars ($25,000) in lieu of the bond required by Section 8212. The bond shall be in the form of a bond executed by an admitted surety insurer and not a deposit in lieu of bond. For the official misconduct or neglect of a notary public related to this article, the notary public and the sureties on the notary public’s official bond required by this section are liable in a civil action to a person injured thereby provided, however, that the amount of the surety’s liability shall be limited to fifteen thousand dollars ($15,000) for notarial acts arising under Article 1 (commencing with Section 8200), and twenty-five thousand dollars ($25,000) for online notarial acts arising under this article. Under no circumstances shall the surety’s liability exceed the aggregate amount of twenty-five thousand dollars ($25,000). The bond shall be filed with the county clerk within which the notary public maintains a principal place of business pursuant to Section 8213. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  110. 8231.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    A qualifying online notary who leaves office or lets registration expire must disable use of their electronic signature and seal within 30 days, and the platform must block, destroy, or prevent further use.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.11. (a) A notary public authorized to perform online notarization who resigns, is disqualified or removed from office, or allows the notary public’s registration to perform online notarization to expire without obtaining a reappointment, within 30 days, pursuant to Section 8209, shall take all necessary measures to disable the electronic affixation of the notary public’s electronic signature or seal by the notary public or another person including, but not limited to, notifying the online notarization platform providing the online notarization system utilized by the notary public that their electronic signature and seal should be disabled, as well as adhering to any other requirements set forth in regulations adopted by the Secretary of State. (b) An online notarization platform notified by a notary public pursuant to subdivision (a) shall disable, destroy, or otherwise prevent the use of the notary public’s electronic signature and electronic seal. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  111. 8231.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    The Secretary of State may approve certain online-notary registrations for California military reservations, and approved notaries may perform acts for stationed principals under specified conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.12. (a) The Secretary of State may approve registrations of notaries public authorized to perform online notarizations for the military and naval reservations of the Army, Navy, Coast Guard, Air Force, and Marine Corps of the United States that are located in the State of California. Such registrants shall meet the requirements of Article 1 (commencing with Section 8200) in addition to the requirements of this article. (b) Notwithstanding Section 8203.2, a notary public authorized to perform online notarizations approved for registration under subdivision (a) may perform notarial acts for principals who are stationed at the reservation for which that notary public was approved, regardless of whether the principal was physically located on the reservation at the time of the notarial act. (c) Notwithstanding Section 8203.5, the electronic online notarial certificate by a notary public authorized to perform online notarizations shall contain the name of the reservation for which the notary public was approved and where the principal for which the online notarization was performed was stationed at the time of the online notarial act. A notation in the following form shall be sufficient for purposes of this subdivision: State of California Online Notarial Act Military Reservation of ________ (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  112. 8231.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    It is a misdemeanor for a person to knowingly and without authorization obtain, conceal, damage, or destroy items that let a notary public use an electronic signature or electronic seal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.13. A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling a notary public to affix the notary public’s electronic signature or electronic seal is guilty of a misdemeanor. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  113. 8231.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    A person or entity must register with the Secretary of State to operate as an online notarization platform or depository, and platforms or depositories must meet security, application, notice, and record-retention requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.14. (a) A person or entity shall apply for registration with the Secretary of State to be an online notarization platform or depository as prescribed by the Secretary of State. (b) An entity required to obtain a certificate of qualification from the Secretary of State in order to transact business in California shall do so before applying for registration with the Secretary of State to be an online notarization platform or depository. (c) An online notarization platform or depository shall provide security for claims against the online notarization platform or depository or the online notarization platform’s or depository’s representatives, or employees based upon acts, errors, or omissions arising out of the business of the online notarization platform or depository through either one or an aggregate of both of the following: (1) A policy or policies of insurance against liability imposed on or against the online notarization platform or depository by law for damages arising out of claims in an amount for each claim of at least two hundred fifty thousand dollars ($250,000). (2) In trust or bank escrow, cash, bank certificates of deposit, United States Treasury obligations, bank letters of credit, or bonds of insurance companies as security for payment of liabilities imposed by law for damages arising out of all claims in an amount of at least two hundred fifty thousand dollars ($250,000). (d) The Secretary of State shall develop an application for registration to be submitted by an applicant. The Secretary of State may refuse registration of an online notarization platform or depository for failure to conform with the application requirements. The application shall include, but not be limited to, all of the following: (1) The name and complete business or residence street address of an agent upon whom process may be served within this state if this information is not already on file with the Secretary of State. (2) A statement signed under penalty of perjury by an officer of the applicant authorized to enter into binding agreements on behalf of the applicant that the applicant shall comply with both of the following: (A) This article and any rules or regulations adopted by the Secretary of State pursuant to this article that apply to online notarization platforms or depositories. (B) The lawful properly-served process. (3) For applications to be an online notarization platform, whether the online notarization platform provides custodial services for the notary public. (4) A statement indicating that the applicant has no order, judgment, or decree entered against them in any civil or criminal action involving any of the following: (A) Fraud. (B) Material misrepresentation. (C) Any willful acts or gross negligence related to breaches of secure information required to be stored under this act. (e) Registration may be refused or canceled if the application is found to include a material misrepresentation or if the registrant subsequently has an order, judgment, or decree entered against them in any civil or criminal action as defined in paragraph (4) of subdivision (d). (f) The Secretary of State may charge a fee for an application for registration submitted pursuant to this section in an amount necessary to administer this article. (g) Only an online notarization platform that has obtained registration from the Secretary of State may provide an online notarization system for a notary public authorized to perform online notarizations while commissioned in California. (h) An online notarization platform shall take all reasonable steps to ensure that a notary public for whom it provides an online notarization system has the knowledge to use the system to perform online notarial acts in compliance with this article and any rules or regulations adopted by the Secretary of State pursuant to this article. (i) (1) An online notarization platform or depository that provides custodial services for a notary public shall not delete an online journal entry or the audio-video recording of an online notarization until (A) the contract for custodial services is terminated or the notary public resigns, is disqualified, is removed from office, or allows their registration as a notary public authorized to perform online notarizations to expire without obtaining reappointment, and (B) the notary public has downloaded the journal entry or audio-video recording. The online notarization platform or depository shall provide a reasonable opportunity for download upon termination of the contract for custodial services. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for download following termination of a contract for custodial services. (2) An online notarization platform that does not provide custodial services for a notary public shall not delete an online journal entry or audio-video recording of an online notarial act until the notary public has been provided a reasonable opportunity to download the entry or record. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for downloading the audio-video recording. (j) (1) An online notarization platform or depository that ceases to provide an online notarization system or depository for use within California, goes out of business, ceases operations, or is acquired by or merges with another entity that is not registered with the Secretary of State as an online notarization platform or depository, and an online notarization platform that ceases to provide custodial services, shall do both of the following: (A) At least 30 calendar days before this event, notify each notary public that has utilized the online notarization platform or depository of the event and enable the notary public to transfer all records of online notarial acts performed by the notary public, or all records stored by the depository, including, but not limited to, any electronic journals or audio-video recordings, to another online notarization platform, to the notary public, to a certified depository, at no cost to the notary public. The online notarization platform or depository shall not delete any records of online notarial acts performed by the notary public until the notary public has been provided a reasonable opportunity to download the entry or record. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for downloading records of online notarial acts. (B) Upon full compliance with subparagraph (A), thereafter promptly delete all audio-video recordings of online notarizations and electronic journals. (2) An online notarization platform or depository that is acquired by or merges with another entity that is not registered with the Secretary of State as an online notarization platform or depository may continue operating as an online notarization platform or as a depository if all of the following are met: (A) The online notarization platform or depository submits an updated application for registration as required by subdivision (d) based on the new circumstances after acquisition or merger. (B) The updated application for registration is submitted to the Secretary of State at least 90 days prior to the acquisition or merger being completed, or as soon as permitted by applicable law, and the Secretary of State approves the updated application. (C) The online notarization platform or depository notifies all notaries using the online notarization platform or depository at least 30 days before the completion of the acquisition or merger, or as soon as permitted by applicable law. (k) A notary public authorized to perform online notarization using an online notarization platform or depository shall not be vicariously liable for any damages resulting from the online notarization platform’s or depository’s failure to comply with the requirements of this article or any rules or regulations adopted by the Secretary of State pursuant to this article. Any provision in a contract or agreement between a notary public and an online notarization platform or depository that attempts to waive this immunity shall be null and void. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  114. 8231.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    Online notarization platforms or depositories are barred from accessing or sharing certain notarization records and personal information, except in listed situations, and must notify specified parties quickly if certain data incidents occur.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.15. (a) An online notarization platform or depository shall not have access to a notary public’s electronic signature or electronic seal. (b) An online notarization platform or depository shall not access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the contents of the notary public’s electronic journal, except to comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (c) An online notarization platform or depository shall not access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the contents of a document notarized by a notary public absent express written request from the principal or to comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (d) An online notarization platform or depository shall not access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the contents of an audio-video recording of an online notarial act absent express written request from the principal or to comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (e) An online notarization platform or depository shall not access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the personal information of a principal absent express written request from the principal or to comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (f) Notwithstanding subdivisions (a), (b), (c), (d), and (e), an online notarization platform or depository may access, use, share, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the notary public’s electronic signature or electronic seal, the contents of the notary public’s electronic journal, the contents of a notarized document or audio-video recording, or the personal information of a principal, to the extent necessary to do any of the following: (1) Facilitate the performance of an online notarial act. (2) Comply with the requirements of Article 1 (commencing with Section 8200), this article, rules and regulations adopted by the Secretary of State pursuant to this article, or any other applicable federal, state, or local law, or a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (3) Administer, affect, enforce, or process a record provided by or on behalf of a principal or the transaction of which the record is a part. (4) As necessary to implement the requirements of this article and any rules or regulations adopted by the Secretary of State and to implement the fraud mitigation measures as outlined in NIST Special Publication 800-63A, dated June 2017, promulgated by the National Institutes of Standards and Technology, or any successor publication. (g) An online notarization platform or depository shall, in the most expedient time possible and without unreasonable delay, notify the Secretary of State, using a notification process designated by the Secretary of State, all appropriate law enforcement agencies, any affected online notaries public, and any affected principals, of the unauthorized access or use by or disclosure to another person, loss, compromise, theft, vandalism, corruption, or breach of any of the following: (1) A notary public’s electronic signature or electronic seal. (2) A notary public’s electronic journal. (3) Any records of online notarial acts. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  115. 8231.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    The Secretary of State may refuse, suspend, or revoke notary public appointments, commissions, and online notarization registrations for violations of this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.16. (a) The Secretary of State may refuse to appoint any person as a notary public or may revoke or suspend the commission of any notary public for a violation of this article. (b) The Secretary of State may refuse to register any online notarization platform or depository or may revoke or suspend the registration of any online notarization platform or depository for a violation of this article. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  116. 8231.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    Online notarization platforms or depositories can be sued for violations of this article, and courts may award damages, relief, costs, and attorney’s fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.17. (a) For a violation of any provision of this article, an online notarization platform or depository is liable in civil action to the persons injured thereby for any of the following: (1) The greater of the following: (A) Any actual damages sustained by that person as a result of the violation. (B) Statutory damages of two hundred fifty dollars ($250) per violation. (2) Injunctive or declaratory relief. Such relief is presumed to accrue to the benefit of the public. (3) Any other relief that the court deems proper. (b) In any successful cause of action under this section, the court shall award costs of the action, together with reasonable attorney’s fees, as determined by the court. (c) An action under subdivision (a) shall be brought no later than four years from the date the plaintiff had actual knowledge of the violation. (d) (1) The Attorney General, a city attorney, including the city attorney of a city and county, a county counsel, or a district attorney may bring a civil action in the name of the people of the State of California against an online notarization platform or depository for any violation of this article and recover or obtain any of the remedies available under subdivision (a). (2) An action shall be brought under this subdivision no later than four years from the date the online notarization platform or depository notifies the Secretary of State and the Attorney General of the violation that is the basis of the action. (e) An online notarization platform shall not be vicariously liable for any of the following and shall not be vicariously liable in any civil action brought under this article for any damages proximately resulting from any of the following: (1) The negligence, fraud, or willful misconduct of the notary public, principal, or the person that requested notarization of the record, or the notary public’s failure to comply with the requirements of this article, any rules or regulations adopted by the Secretary of State pursuant to this article, or any applicable law, unless the notary public is an employee or agent of the online notarization platform, in which case the online notarization platform is responsible for the conduct of the notary public to the extent provided under other applicable law. (2) A notary public’s failure to timely download an electronic journal or audio-video recording or failure to timely transfer those records to the Secretary of State, or the notary public’s deletion of one or more audio-video recording or entries in the notary public’s electronic journal. (3) The contents of records uploaded to the online notarization platform for notarization. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  117. 8231.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    A business that facilitates remote online notarization must keep encrypted records, control access, notify on breaches, and avoid disclosing principal-related information except for listed purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.18. (a) As used in this section, the following terms have the following meanings: (1) “Audio-video communication” means being able to see, hear, and communicate with another individual in real time using electronic means. (2) “Audio-video recording” means a recording of the audio-video communication of a remote online notarial act. (3) “Business” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of individuals acting in concert that provides a software platform for use by a notarial officer not in the physical presence of the principal to communicate with the principal, enable the performance of a remote online notarial act, and record the performance of the remote online notarial act. (4) “Electronic journal” means a sequential record of remote online notarial acts performed by a notarial officer facilitated by a business. (5) “Encrypt” or “encrypted” means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (6) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of a state other than California, a foreign state, or under federal law. (7) “Notarial officer” means a notary public or other individual authorized to perform a notarial act. (8) “Notary public” means an individual commissioned to perform a notarial act. (9) “Open format” means information that is formatted in a manner that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. (10) “Principal” means an individual for whom a remote online notarial act is performed who has represented to the business that they are located in California. (11) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in both physical and electronic form. (12) “Remote online notarial act“ or “remote online notarization” means a notarial act performed for a principal by a notarial officer using audio-video communication through a business when the notarial officer is located in a state other than California. (13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (b) A business consents to the jurisdiction of the courts of this state for transactions related to a principal. (c) For transactions related to a principal, a business shall comply with all of the following: (1) (A) A business shall create an encrypted electronic journal entry for each remote online notarial act. The business shall enable access to the electronic journal by the notarial officer through secure multifactor means of authentication. The electronic journal shall be capable of providing both physical and electronic copies of any entry made therein. Each electronic journal entry shall contain, at a minimum, the following information: (i) The date, time, and type of each remote online notarial act. The time entered shall be in Coordinated Universal Time. (ii) The physical location of the principal as represented to the business by the principal, and the physical location of the notarial officer at the time of the remote online notarial act. (iii) The title, or a short description if no title exists, of each record that was the subject of the remote online notarial act. (iv) The electronic signature of each principal. (v) A statement as to the basis of the notarial officer’s method of identification of the principal. (vi) A statement that an audio-video recording of the remote online notarial act was made pursuant to subparagraph (B). (vii) The fee, if any, charged for the remote online notarial act. (viii) The name of the business that provided the software platform for the performance of the remote online notarial act. (B) A business shall create an audio-video recording of the audio-video communication of each remote online notarial act facilitated by the business. The business shall enable access to the audio-video recording by the notarial officer through a secure multifactor means of authentication. The audio-video recording shall be created in an open format and shall not include images of any record that was the subject of the remote online notarization. (C) Each electronic journal entry and audio-video recording shall be retained, in accordance with federal, state, or local law, as applicable. (D) A business shall provide the principal with a copy of each relevant electronic journal entry and audio-video recording following the completion of a transaction in the most expedient time possible. (2) (A) A business shall provide each individual for whom a remote online notarial act is to be performed with a prompt asking if the individual is located in California before the performance of a remote online notarial act. (B) If the individual represents to the business that the individual is located in California in response to the prompt under subparagraph (A), the business shall append a document to the record that is subject to the remote online notarial act. The appended document shall indicate the principal’s response to the prompt, as well as the notarial officer’s location at the time of the remote online notarial act. The failure to obtain or append the document indicating the principal’s location does not affect the validity of the record or the remote online notarial act, and nothing in this section shall be construed to require submission of the appended document referenced in this subparagraph as a condition of recording or acceptance under California law. (3) (A) A business shall produce an audit trail detailing the following information completed as a part of each transaction involving a remote online notarial act: (i) The action performed. (ii) The date and time of the action’s performance in Coordinated Universal Time. (iii) The name of the party performing the action. (iv) The Internet Protocol address of the party performing the action. (B) A business shall encrypt all audio-video communication and all records related to a remote online notarization and shall take reasonable steps to ensure that the audio-video communication used in a remote online notarization is secure from unauthorized interception. (4) A business shall, in the most expedient time possible and without unreasonable delay, notify all appropriate law enforcement agencies and any affected principals of the unauthorized access or use by or disclosure to another person, loss, compromise, theft, vandalism, corruption, or breach of a principal’s personal information or an electronic journal or audio-video recording. (5) (A) A business shall not access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the contents of any of the following related to a principal: (i) An electronic journal entry. (ii) The contents of a record that is the subject of a remote online notarial act. (iii) The audio-video recording of a remote online notarial act. (iv) Personal information. (B) Notwithstanding subparagraph (A), a business may access, use, share, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the contents of clauses (i), (ii), (iii), and (iv) of subparagraph (A) to the extent necessary to do any of the following: (i) Facilitate the performance of an online notarial act. (ii) To comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (iii) Administer, affect, enforce, or process a record provided by or on behalf of a principal or the transaction of which the record is a part. (iv) As necessary to implement the requirements of this section and to implement the fraud mitigation measures as outlined in NIST Special Publication 800-63A, dated June 2017, promulgated by the National Institute of Standards and Technology, or any successor publication. (d) (1) For a violation of any provision of this section, a business is liable in civil action to the persons injured thereby for any of the following: (A) The greater of the following: (i) Any actual damages sustained by that person as a result of the violation. (ii) Statutory damages of two hundred fifty dollars ($250) per violation. (B) Injunctive or declaratory relief. Such relief is presumed to accrue to the benefit of the public. (C) Any other relief that the court deems proper. (2) In any successful cause of action under this section, the court shall award costs of the action, together with reasonable attorney’s fees, as determined by the court. (3) An action under paragraph (1) shall be brought no later than four years from the date the plaintiff had actual knowledge of the violation. (4) (A) The Attorney General, a city attorney, including the city attorney of a city and county, a county counsel, or a district attorney may bring a civil action in the name of the people of the State of California against a business for any violation of this article and recover or obtain any of the remedies available under paragraph (1). (B) An action shall be brought under this paragraph no later than four years from the date the business notifies the Attorney General of the violation that is the basis of the action. (5) A business shall not be vicariously liable for any of the following and shall not be vicariously liable in any civil action brought under this article for any damages proximately resulting from any of the following: (A) The negligence, fraud, or willful misconduct of the notarial officer, principal, or the person that requested notarization of the record, unless the notarial officer is an employee or agent of the business, in which case the business is responsible for the conduct of the notarial officer to the extent provided under other applicable law. (B) The contents of records uploaded to the business for remote online notarization. (e) This section shall become operative on January 1, 2025. (Amended by Stats. 2024, Ch. 80, Sec. 57. (SB 1525) Effective January 1, 2025.)
  118. 8231.19.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    A waiver of this article’s provisions is void and unenforceable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.19. Any waiver of the provisions of this article is contrary to public policy and is void and unenforceable. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  119. 8231.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    The Secretary of State must adopt rules and regulations for online notarization, and commissioned notaries may not provide online notarization before those rules are adopted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.2. (a) The Secretary of State shall adopt rules and regulations necessary to implement this article. The rules and regulations shall set and maintain standards for online notarizations and notaries public authorized to perform online notarization, including, but not limited to, all of the following: (1) Audio-video communication, including ensuring that principals with disabilities are accommodated by online notarization systems of online notarization platforms and notaries public in a manner consistent with applicable laws. (2) Credential analysis. (3) Electronic and tangible journals, including their form and content. (4) Electronic seals. (5) Identity proofing, which shall be performed at least at Identity Assurance Level 2, as established in NIST Special Publication 800-63A, dated June 2017, promulgated by the National Institutes of Standards and Technology, or any successor publication. If this standard cannot be met due to applicable state or federal laws, such as California law governing the disclosure of information regarding driver’s licenses or other identification cards, then the Secretary of State shall adopt the most rigorous standard for identity proofing that also conforms to those laws. (6) Online notarization systems. (7) Depositories, including standards for security measures and storage capacity. (8) Registration with the Secretary of State as a notary public authorized to perform online notarizations, or registration as a depository or an online notarization platform. (9) Remote presentation. (10) Retention and storage of records of online notarial acts. (11) Security and encryption. (b) The Secretary of State may confer with other state entities, departments, or agencies on matters relating to equipment, security, and technological aspects of online notarization standards. (c) The Secretary of State, in developing the rules and regulations required by this section, may consider the views of other state entities, departments, or agencies, and members of the public. (d) A commissioned notary public shall not provide online notarization for any principal before the adoption of rules by the Secretary of State pursuant to this section. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  120. 8231.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    This article is severable: if one provision or its application is invalid, the rest can still operate if they can be given effect without the invalid part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.20. The provisions of this article are severable. If any provision of this article 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. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  121. 8231.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    This section lets applicants and certain notaries register to perform online notarizations, but only if they complete specified courses and exams and follow Secretary of State requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.3. (a) (1) An applicant for a commission as a notary public may apply for registration with the Secretary of State to perform online notarization by complying with the requirements of Chapter 3 (commencing with Section 8200). (2) A notary public who holds a California notary public commission but is not yet registered with the Secretary of State to perform online notarizations may obtain registration before the expiration of their term by resigning their current commission in the manner prescribed by the Secretary of State and meeting the requirements of Article 1 (commencing with Section 8200) and Article 2 (commencing with Section 8231). The notary public’s current commission shall remain in full force and effect until the effective date of the new commission. (b) (1) In order to register with the Secretary of State to perform online notarizations, an applicant shall have completed the following requirements: (A) During the commissioning for appointment as a notary public, the applicant shall have satisfactorily completed the six-hour course of study approved by the Secretary of State as required by paragraph (3) of subdivision (a) of Section 8201 and satisfactorily completed a written examination as required by paragraph (4) of subdivision (a) of Section 8201. (B) The applicant shall have satisfactorily completed a two-hour course of study approved by the Secretary of State pursuant to Section 8201.2 concerning the functions and duties of a notary public authorized to perform online notarizations under this article and have satisfactorily completed a written examination prescribed by the Secretary of State to determine the fitness of the person to exercise the functions and duties of a notary public authorized to perform online notarizations. All questions shall be based on the laws of this state as set forth in the booklet of the laws of California relating to notaries public distributed by the Secretary of State. (2) A notary public who applies for reappointment and authorization to perform online notarizations shall satisfactorily complete the three-hour refresher course of study required by paragraph (2) of subdivision (b) of Section 8201 and the two-hour course of study approved by the Secretary of State required by subparagraph (B) of paragraph (1). (c) A notary public shall be issued only one commission number for each term, which shall have the same meaning as Section 8204. (d) The Secretary of State may charge an additional fee for an application for registration submitted pursuant to this section in an amount necessary to cover the additional costs of administering this article. (e) If the notary public ceases to use an online notarization platform or depository, neither the notary public nor the online notarization platform or depository is absolved of their respective duties under this article, or the rules and regulations adopted pursuant to this article, with respect to the security, preservation, and production of records of online notarial acts generated using the online notarization system of the online notarization platform or stored by the depository, including the electronic journal required by Section 8231.5 and the audio-video recording required by Section 8231.6. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  122. 8231.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    A qualified California notary public may perform online notarizations for principals in specified locations, and must stop the session if audio-video communication is not clear enough.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.4. (a) A notary public authorized to perform online notarization and physically located in this state may perform an online notarization that meets the requirements of this article and the rules and regulations adopted by the Secretary of State pursuant to this article for a principal who is located in any of the following places: (1) Within this state. (2) Outside this state but within the United States. (3) Outside the United States if the act is not prohibited in the jurisdiction in which the principal is physically located at the time of the act. (b) (1) A requirement under any law of this state that a principal appear before or in the presence of the notary public shall be satisfied by appearing by means of audio-video communication before a notary public authorized to perform online notarization in compliance with the requirements of this article and the rules or regulations adopted by the Secretary of State pursuant to this article. (2) Audio-video communication with a notary public authorized to perform online notarization shall consist of continuous, synchronous audio and video feeds with adequate clarity such that all participants can be clearly seen and understood at all times. The notary public shall terminate the session if, in the notary public’s judgment, the adequacy of communications is insufficient for all participants to be clearly seen and understood at all times. (3) The notary public, by use of the online notarization system, shall create the audio-video recording required by Section 8231.6. (c) A requirement under Section 8205 that a certificate of acknowledgment or proof, or a deposition, affidavit, oath, or affirmation, or certification of a copy, be signed in the notary public’s own handwriting, is satisfied by the notary public’s electronic signature if the notarial act is performed by online notarization. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  123. 8231.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    Notaries performing online notarizations must keep required journal records, provide certain copies and notices, and follow Secretary of State rules for secure storage and reporting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.5. (a) (1) Pursuant to rules and regulations established by the Secretary of State, a notary public shall record each online notarial act performed by the notary public in one tangible sequential journal and one or more secure electronic journals. (2) Notwithstanding Section 8206, the tangible journal shall include all of the following: (A) The date and time of the online notarization. (B) The name of each person whose electronic signature is notarized. (C) The title, or a short description if no title exists, of every electronic record sworn to, affirmed, acknowledged, or proved before the notary public. (D) The name of the online notarization platform whose online notarization system was used. (E) The unique transaction identifier provided by the online notarization platform that will, for not fewer than 10 years after the date of the online notarial act, be sufficient to identify the line item of the online notarial act in the applicable secure electronic journal. The Secretary of State shall adopt regulations related to the unique transaction identifier under this subparagraph. (F) The location of the secure electronic journal. (3) The requirements of subparagraphs (C) and (G) of paragraph (2) of subdivision (a) of Section 8206 do not apply to the tangible sequential journal for an online notarial act. (4) Except as provided in this section, Sections 8206 through 8230, inclusive, shall apply to the notary public and the tangible sequential journal. (b) An electronic journal shall be capable of providing both physical and electronic copies of any entry made therein. Notwithstanding Section 8206, the notary public authorized to perform online notarizations shall include in an electronic journal all of the following: (1) The date, time, and type of each official online notarial act. The time entered shall be the time at the notary’s location at the time of the online notarial act. (2) The physical location of the principal as represented to the notary public by the principal at the time of the online notarial act and the physical location of the notary public at the time of the online notarial act. (3) The title, or a short description if no title exists, of every electronic record sworn to, affirmed, acknowledged, or proved before the notary public. (4) The electronic signature of each person whose electronic signature is being notarized. (5) Satisfactory evidence of identity of the principal pursuant to subdivision (a) of Section 8231.8, which shall be in the form of a notation of the type of identification credential provided to the notary public for credential analysis, a record of the identity proofing, and other information as may be required by the Secretary of State. (6) A statement that an audio-video recording of the online notarial act was made pursuant to Section 8231.6. (7) The fee, if any, charged for the online notarization. (8) The name of the online notarization platform whose online notarization system was used. (9) The unique transaction identifier as defined in subparagraph (C) of paragraph (2) of subdivision (a). (c) The requirements of subparagraph (G) of paragraph (2) of subdivision (a) of Section 8206 do not apply to the electronic journal for an online notarial act. (d) (1) Notwithstanding paragraph (1) of subdivision (a) of Section 8206, an electronic journal shall be maintained on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. A backup of the electronic journal shall be made immediately after new information is added to the electronic journal. The electronic journal shall be kept under the direct and exclusive control of the notary public and the notary public shall take all reasonable steps to protect the electronic journal from unauthorized disclosure, access, or use. (2) Notwithstanding paragraph (1) of subdivision (a) of Section 8206, an online notarization platform may retain custody of the electronic journal on behalf of the notary public if it expressly provides custodial services as part of the online notarization system and provided that information to the Secretary of State in its application under Section 8231.14. If the online notarization platform does not provide custodial services for a notary public, the online notarization platform has a duty not to retain the electronic journal or any entries after providing a reasonable opportunity for download by the notary public as required by subdivision (i) of Section 8231.14. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for downloading the electronic journal and any entries of an electronic journal. (3) A notary public utilizing an online notarization platform that does not provide custodial services shall save a copy of the electronic journal to a depository registered with the Secretary of State under Section 8231.14 at least once per calendar month. (e) (1) A notary public shall immediately notify the Secretary of State, by certified or registered mail or any other means of delivery that provides a receipt, and all appropriate law enforcement agencies of the unauthorized disclosure to or use by another person, loss, compromise, theft, vandalism, corruption, or breach of the notary public’s electronic journal. The notification to the Secretary of State shall include the period of the affected journal entries, the notary public’s commission number and the expiration date of the commission, a description of the affected data, a copy of any pertinent police report, and any other information required by the Secretary of State. (2) An online notarization platform shall notify the Secretary of State and the notaries public using its online notarization system, by certified or registered mail or any other means of delivery that provides a receipt, and all appropriate law enforcement agencies of the unauthorized disclosure to or use by another person, loss, compromise, theft, vandalism, corruption, or breach of the online notarization system. The notification shall be made in the most expedient time possible and without unreasonable delay to the Secretary of State and notaries public and shall include the period of affected journal entries, a description of the affected data, a copy of any pertinent police report if available at the time of notification, and any other information required by the Secretary of State. (f) (1) A notary public authorized to perform online notarizations shall maintain each tangible and electronic journal pursuant to this section for so long as the notary public is registered with the Secretary of State to perform online notarizations. (2) Notwithstanding subdivision (a) of Section 8209, a notary public who resigns, is disqualified, is removed from office, or allows their registration as a notary public authorized to perform online notarizations to expire without obtaining reappointment within 30 days shall, retain the electronic journal for 10 years after the performance of the last notarial act chronicled in the electronic journal by either of the following methods: (A) Personally. (B) By transmitting the electronic journal to a depository registered with the Secretary of State within 30 days of the applicable event. (3) If the notary public willfully fails or refuses to retain or deliver their electronic journals pursuant to paragraph (2), the notary public is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction. (4) Notwithstanding subdivision (b) of Section 8209, in the case of the death of a notary public authorized to perform online notarizations, the personal representative of the deceased shall promptly notify the Secretary of State of the death of the notary public and shall retain the journal or cause the journal to be retained by a depository designated by or on behalf of the person required to retain the journal. (g) A notary public shall provide to a member of the public, pursuant to subdivision (c) of Section 8206 and to Section 8206.5, a copy of the entry in the notary public’s journal corresponding to the requested transaction in tangible format or in an electronic format in accordance with rules and regulations adopted by the Secretary of State pursuant to this article. (h) A notary public shall provide, and in the case of an electronic journal as applicable, an online notarization platform and depository shall enable, access to the notary public’s journal or a copy of the notary public’s electronic journal: (1) To a peace officer pursuant to subdivision (d) of Section 8206 or to Section 8228. (2) Upon receipt of a subpoena duces tecum or a court order pursuant to subdivision (e) of Section 8206, or to comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. (3) To the Secretary of State pursuant to Section 8228. (i) Notwithstanding subdivision (c) of Section 8206, a notary public authorized to perform online notarizations may charge a reasonable fee, as determined by a rule adopted by the Secretary of State pursuant to this article, to recover the cost to the notary of providing a copy of an entry in an electronic journal. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  124. 8231.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    Notaries must create and keep audio-video recordings of each online notarization, store them securely, and keep them for at least 10 years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.6. (a) A notary public shall create an audio-video recording of the audio-visual communication of each online notarial act performed through the online notarization platform pursuant to Section 8231.4 and this section. (b) (1) The notary public shall retain the audio-video recording on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. The audio-video recording shall be created in an open format and shall not include images of any electronic record that was the subject of the online notarization. The notary public shall utilize an online notarization platform or depository approved by the Secretary of State for purposes of this section. (2) An online notarization platform may retain custody of the audio-video recording on behalf of the notary public if it expressly provides custodial services and provided that information to the Secretary of State in its application under Section 8231.14. If the online notarization platform does not provide custodial services for a notary public, the online notarization platform has a duty not to retain the audio-video recordings after providing a reasonable opportunity for the download by the notary public as required by subdivision (i) of Section 8231.14. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for downloading the audio-video recording. (c) A notary public shall retain the audio-video recording of each online notarial act with either of the following: (1) An online notarization platform that provides custodial services to the notary public and provided that information to the Secretary of State in its registration under Section 8231.14. (2) A depository registered with the Secretary of State under Section 8231.14. (d) The notary public shall retain each audio-video recording created as required by this section for at least 10 years after the performance of the notarial act documented in the audio-video recording, regardless of the notary public’s current authorization status to perform online notarizations. The notary public shall cause the audio-video recording to be retained either: (1) Personally. (2) By a depository registered with the Secretary of State. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  125. 8231.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    This section sets security, control, filing, sealing, and reporting rules for a notary public’s electronic signature and electronic seal used in online notarizations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.7. (a) A notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature or electronic seal is current and has not been revoked or terminated by the device’s issuing or registering authority. (b) (1) Notwithstanding Section 8207, when a notary public’s electronic signature is required to be accompanied by a notary public’s electronic seal, that requirement is satisfied if the electronic seal of the notary public contains all of the following: (A) The name of the notary public. (B) The Great Seal of the State of California. (C) The words “Notary Public.” (D) The name of the county where the bond and oath of office of the notary public are filed. (E) The date the notary public’s commission expires. (F) The notary public’s commission number. (G) The sequential identification number assigned to the manufacturer or vendor of the notary public’s electronic seal. (2) The seal may be circular not over two inches in diameter or may be rectangular not more than one inch in width by two and one-half inches in length. (c) A manufacturer or vendor of the notary public’s electronic seal shall apply to the Secretary of State to be assigned an identification number through an application process prescribed by the Secretary of State. The electronic seal shall meet the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. (d) (1) Notwithstanding Section 8207, a notary public authorized to perform online notarizations shall keep the notary public’s electronic signature and electronic seal in a secure encrypted manner under the direct and exclusive control of the notary public. For purposes of satisfying the requirements of this paragraph the notary public’s electronic signature and electronic seal may be kept on a storage device or online media that is accessed by the notary public with a secure means of multifactor authentication and protected by, at minimum, security requirements as set forth by the Secretary of State. The notary public shall not allow another person to access or use the notary public’s electronic signature or electronic seal. The notary public shall take all reasonable steps to protect the notary public’s electronic signature and electronic seal from unauthorized disclosure, access, or use. (2) A notary public shall provide the Secretary of State with a copy of the notary public’s electronic signature and electronic seal as prescribed by the Secretary of State. (e) A notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to an electronic online notarial certificate of an electronic record in a manner that is capable of independent verification and makes evident any tampering or subsequent change or modification to the electronic record that has occurred. (f) A notary public shall immediately notify the Secretary of State, using a notification process designated by the Secretary of State, and all appropriate law enforcement agencies of the unauthorized use or access by or disclosure to another person, loss, compromise, theft, vandalism, corruption, or breach of the notary public’s electronic signature or electronic seal. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  126. 8231.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    Online notarizations require identity verification, secure audio-video communication, and an online notarization notice in the certificate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.8. (a) In performing an online notarization, a notary public authorized to perform online notarizations shall verify the identity of a principal by satisfactory evidence that meets the requirements of this subdivision and the rules and regulations adopted by the Secretary of State. (1) For purposes of this subdivision, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable notary public to believe that the principal is not the individual that the principal claims to be and all of the following: (A) Remote presentation of a credential by the principal. (B) Credential analysis of the credential described in subparagraph (A). (C) Identity proofing of the principal described in subparagraph (A). (2) For purposes of this subdivision, “satisfactory evidence” does not include the definition of “satisfactory evidence” set forth in Section 1185 of the Civil Code. (3) Any record of a credential transmitted pursuant to this subdivision shall be retained no longer than necessary to do both of the following: (A) Verify the identity of the principal. (B) Make an entry in an electronic journal pursuant to subdivision (b) of Section 8231.5. (b) The notary public and the online notarization platform shall encrypt all audio-video communication and shall take reasonable steps to ensure that the audio-video communication used in an online notarization is secure from unauthorized interception. (c) The electronic online notarial certificate shall include a notation that the notarization is an online notarization. An electronic online notarial certificate shall be in the following form: (1) For an acknowledgment: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California County of __________________________ Online Notarial Act On ______________, 20____, before me, __________________________________(here insert name and title of officer), personally appeared _______________________________ by means of audio-video communication, who represented to me that he/she/they was/were physically located in _________________________, and proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within electronic record and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the electronic record the person(s), or the entity upon behalf of which the person(s) acted, executed the electronic record. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Electronic Seal Electronic Signature(2) For a jurat: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California County of __________________________ Online Notarial Act Subscribed and sworn to (or affirmed) before me this ____ day of _____, 20__, by ____________________________________, who represented to me that he/she/they was/were physically located in ___________________________, and proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me by means of audio-video communication. Electronic Seal Electronic Signature(d) (1) The notice shown in paragraphs (1) and (2) of subdivision (c) is for illustrative purposes and the format shall comply with Section 1189 of the Civil Code or Section 8202, as applicable. (2) Nothing in this section shall be construed to require the inclusion of the principal’s physical location at the time of the online notarial act in the electronic notarial certificate as a condition of recording or acceptance under California law. (Amended by Stats. 2024, Ch. 80, Sec. 56. (SB 1525) Effective January 1, 2025.)
  127. 8231.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. )

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    A notary public may not charge more than the listed fees for online notarization services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Online Notarization [8231 - 8231.20] ( Article 2 added by Stats. 2023, Ch. 291, Sec. 8. ) ## 8231.9. Fees charged by a notary public for the following services related to an online notarization shall not exceed the fees prescribed by this section. (a) For taking an acknowledgment of a deed or other instrument, to include the electronic seal and the completion of the electronic notarial certificate, the sum of thirty dollars ($30) for each signature taken. (b) For administering an oath or affirmation to one person and executing the jurat, including the electronic seal and the completion of the electronic online notarial certificate, the sum of thirty dollars ($30). (c) No fee may be charged for any online notarization pursuant to subdivisions (d) and (f) of Section 8211. (Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)
  128. 8232.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. )

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    This section defines key terms used in the article on recognition of notarial acts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. ) ## 8232. For purposes of this article, the following definitions apply: (a) “Foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. (b) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of this state, another state, or a foreign state or under federal law. (c) “Notarial officer” means a notary public or other individual authorized to perform a notarial act. (d) “Notary public” means an individual commissioned to perform a notarial act. (e) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (f) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.)
  129. 8232.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. )

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    A notarial act done in another state must be given the same legal effect in this state if it was performed by a qualified notary, judge, clerk, deputy clerk, or other person authorized by that state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. ) ## 8232.1. (a) A notarial act performed in another state shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following: (1) A notary public of that state. (2) A judge, clerk, or deputy clerk of a court of that state. (3) Any other individual authorized by the law of that state to perform the notarial act. (b) (1) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title. (2) The signature and title of a notarial officer described in paragraph (1) or (2) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act. (Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.)
  130. 8232.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. )

    Verify source ↗

    A notarial act done under the authority of a federally recognized Indian tribe must be given the same legal effect in California as if it were done by a California notarial officer, if it was performed by a listed tribal official or other person authorized by tribal law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. ) ## 8232.2. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe is performed by any of the following: (1) A notary public of the tribe. (2) A judge, clerk, or deputy clerk of a court of the tribe. (3) Any other individual authorized by the law of the tribe to perform the notarial act. (b) (1) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title. (2) The signature and title of a notarial officer described in paragraph (1) or (2) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act. (Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.)
  131. 8232.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. )

    Verify source ↗

    Federal notarial acts can receive the same legal effect in California as state notarial acts if performed by listed authorized individuals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. ) ## 8232.3. (a) A notarial act performed under federal law shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following: (1) A judge, clerk, or deputy clerk of a court. (2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law. (3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts. (4) Any other individual authorized by federal law to perform the notarial act. (b) (1) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title. (2) The signature and title of a notarial officer described in paragraph (1), (2), or (3) of subdivision (a) conclusively establish the authority of the officer to perform the notarial act. (Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.)
  132. 8232.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. )

    Verify source ↗

    Foreign notarial acts meeting the stated conditions are given the same legal effect in this state as if done by a California notarial officer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Notaries Public [8200 - 8232.4] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Recognition of Notarial Acts [8232 - 8232.4] ( Article 3 added by Stats. 2023, Ch. 291, Sec. 9. ) ## 8232.4. (a) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act shall be afforded the same legal effect under the law of this state as if performed by a notarial officer of this state. (b) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established. (c) The signature and official stamp of an individual holding an office described in subdivision (b) are prima facie evidence that the signature is genuine and the individual holds the designated title. (d) An apostille in the form prescribed by the October 5, 1961, Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention), and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (e) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (Added by Stats. 2023, Ch. 291, Sec. 9. (SB 696) Effective January 1, 2024.)
  133. 8240.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The Legislature states that women in California still are not able to contribute to society to their full potential and says it has created the Commission on the Status of Women and Girls.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8240. The Legislature finds and declares that despite the fact that women apparently have greater equality in California than in many states, they still are not able to contribute to society according to their full potential. With a view to developing recommendations which will enable women to make the maximum contribution to society, the Legislature has created the Commission on the Status of Women and Girls. (Amended by Stats. 2012, Ch. 46, Sec. 12. (SB 1038) Effective June 27, 2012.)
  134. 8241.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    This section creates the Commission on the Status of Women and Girls and describes how its members are appointed and serve.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8241. (a) There is in the state government the Commission on the Status of Women and Girls. The commission shall consist of 17 members to be appointed as follows: (1) Three Members of the Senate and one public member appointed by the Senate Committee on Rules. (2) Three Members of the Assembly and one public member appointed by the Speaker of the Assembly. (3) One public member appointed by the Superintendent of Public Instruction. (4) The Labor Commissioner. (5) (A) Seven public members appointed by the Governor, with the consent of the Senate. (B) One of these public members shall be a veteran or a member of the military. (b) The Members of the Legislature shall serve at the pleasure of the appointing powers. (c) Public member appointees of the Speaker of the Assembly and the Senate Committee on Rules, and appointees of the Governor shall serve four-year terms. All persons appointed pursuant to Section 2 of Chapter 1378 of the Statutes of 1965, as amended by Chapter 382 of the Statutes of 1973, shall continue in office until the expiration of their term and the appointment of their successors. The appointing powers may reappoint a member whose term has expired, and shall immediately fill any vacancy for the unexpired portion of the term in which it occurs. The appointing powers shall, in making appointments of public members to the commission, make every effort to ensure that there is a geographic balance of representation on the commission. (d) All appointees shall hold office until the appointment of their successors. (Amended by Stats. 2015, Ch. 574, Sec. 1. (SB 255) Effective January 1, 2016.)
  135. 8242.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    Public members of the commission get a $100 per diem for official commission business, up to 12 days a year, and all members are entitled to necessary travel expenses for that business. The commission must also choose a chairperson and vice chairperson each year from its membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8242. (a) Public members of the commission shall receive one hundred dollars ($100) per diem while on official business of the commission, not to exceed 12 days per year. Each member of the commission shall also be entitled to receive his or her actual necessary traveling expenses while on official business of the commission. (b) The commission shall select annually from its membership, a chairperson and vice chairperson. (Amended by Stats. 1987, Ch. 980, Sec. 1.)
  136. 8243.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    Commission meetings must be open to the public, and anyone may attend them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8243. All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission. (Added by renumbering Section 8223 (as added by Stats. 1977, Ch. 579) by Stats. 1979, Ch. 373.)
  137. 8244.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The commission has broad powers to do what is needed to carry out its chapter duties, including hiring staff, holding hearings, making agreements, cooperating with state agencies, appointing advisers, accepting funds and gifts, and fundraising.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8244. The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following: (a) To employ such administrative, technical and other personnel as may be necessary for the performance of its powers and duties. (b) To hold hearings, make and sign any agreements and to do or perform any acts which may be necessary, desirable, or proper to carry out the purposes of this chapter. (c) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it properly to carry out its powers and duties hereunder. (d) To appoint advisers or advisory committees from time to time when the commission determines that the experience or expertise of such advisers or advisory committees is needed for projects of the commission. Section 11009 is applicable to advisers or advisory committees. (e) To accept any federal funds granted, by act of Congress or by executive order, for all or any of the purposes of this chapter. (f) (1) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter, and to conduct fundraising activities which may require a payment or purchase to attend. (2) Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 shall not apply to the commission at a fundraising event held or organized by the commission, provided that a majority of members do not discuss among themselves any item of business of a specific nature that is within the subject matter jurisdiction of the commission. (3) Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 shall not apply to any meetings conducted solely for purposes of raising funds for the Women and Girls Fund, provided that no other item of business that is within the subject matter of the commission is discussed, deliberated, or acted upon. (Amended by Stats. 2015, Ch. 574, Sec. 2. (SB 255) Effective January 1, 2016.)
  138. 8245.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The commission must study listed issues affecting women and girls, serve as an information center, provide advice and related support, seek private donor funding, encourage local self-help activities, and report to the Legislature at least every odd-numbered year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8245. (a) The commission shall study the following policy areas, including, but not limited to, for the purpose of examining any laws, practices, or conditions concerning or affecting women and girls which impose special limitations or burdens upon them or upon society, or which limit or tend to limit opportunities available to women and girls: (1) Gender equity in the media. (2) Educational needs of women and girls. (3) Gender in the workplace and employment. (4) Health and safety of women and girls. (5) Women in the military, women veterans, and military families. (6) State laws in regard to the civil and political rights of women, including pensions, tax requirements, property rights, marriage and dissolution of marriage provisions, and similar matters. (7) The effect of social attitudes and pressures and economic considerations in shaping the roles to be assumed by women in the society. (b) The commission shall act as an information center on issues that affect the lives of women and girls. (c) The commission shall recommend, develop, prepare, or coordinate materials, projects, or other activities, and shall give technical and consultative advice to public or private groups or persons concerned with any of the following: (1) Preventing or minimizing problems brought about by the changing roles and responsibilities of women. (2) Developing programs to encourage and enable women to be fully contributing members of society. (d) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commission’s dependence on state funding. (e) A prime function of the commission shall be to encourage women’s and girls’ organizations and other groups to institute local self-help activities designed to meet women’s educational, employment, and related needs. The commission shall make reports on its activities, findings, and recommendations to the Legislature from time to time, but not less often than every odd-numbered year. (Amended by Stats. 2012, Ch. 46, Sec. 14. (SB 1038) Effective June 27, 2012.)
  139. 8246.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The commission may tell the Legislature its position on pending legislative proposals, urge new proposals, and state its views on issues tied to its duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8246. (a) The commission is expressly authorized to inform the Legislature of its position on any legislative proposal pending before the Legislature and to urge the introduction of legislative proposals. (b) The commission is expressly authorized to state its position and viewpoint on issues developed in the performance of its duties and responsibilities as specified in this chapter. (c) This section is declaratory of existing law. (Added by Stats. 1982, Ch. 1118, Sec. 1.)
  140. 8247.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The state declares a policy goal of achieving fairness between the value of work in state service and state compensation/classification plans, and says a bias-free job evaluation system should be developed. It also says Section 8248 is not self-executing and commission findings need further legislation before implementation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8247. It is hereby declared to be the public policy of the state to attempt to achieve an equitable relationship between the comparability of the value of work performed by persons in state service and the compensation and classification plans within the state system. To further this end, a bias-free job evaluation system needs to be developed for all jobs in state service, across job families to rank jobs in order, to set salaries, and to create career ladders for advancement according to the value of the work performed. It is the intent of the Legislature that the provisions of Section 8248 shall not be self-executing and that the findings of the commission shall not be implemented unless further legislation specifically authorizes that these findings be implemented in whole or in part. (Added by Stats. 2001, Ch. 836, Sec. 1. Effective January 1, 2002.)
  141. 8248.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The commission must evaluate and compare certain public employee compensation and classification plans, determine inequities, and report findings to the Legislature and specified parties; the section does not apply unless funds are appropriated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8248. The commission shall do all of the following: (a) Evaluate the compensation and classification plans for state civil service and related employees and the employees of the University of California, the college named in Section 92200 of the Education Code, and the California State University conferred under the Higher Education Employer-Employee Relations Act on the basis of objective, job-related criteria in order to advise the Legislature of the explicit worth or value of those services and positions. (b) Determine where compensation and classification inequities exist based on comparability of the value of work, giving primary consideration to identifying and correcting inequities between female dominated and male dominated classes of employees in state service. (c) Report, by January 1, 2003, to the Legislature and to the parties meeting and conferring pursuant to Sections 3517 and 3570 all findings as may be required in order to implement the principles of equitable compensation and classification based on comparability of value of work as part of the state compensation and classification plans and negotiated agreements, including, but not limited to, factor values, comparative job ratings, gender makeup of all job classifications, present salary structures, policy recommendations, and annual cost estimates for the implementation of an equitable compensation program. (d) This section shall not be implemented unless and until funds are appropriated by the Legislature in the annual Budget Act or another statute. (Amended by Stats. 2022, Ch. 478, Sec. 56. (AB 1936) Effective January 1, 2023.)
  142. 8249.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

    Verify source ↗

    The commission is only advisory for its duties under Section 8248, and the state and the parties meeting and conferring are not required to implement its findings unless later legislation specifically authorizes implementation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8249. With respect to its duties under Section 8248, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without further legislation that specifically authorizes that the evaluations, determinations, and findings of the commission be implemented. (Added by Stats. 2001, Ch. 836, Sec. 3. Effective January 1, 2002.)
  143. 825.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section requires a public entity to pay certain judgments or settlements for covered employee defense cases, but it bars payment of punitive or exemplary damages except in limited authorized cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. ) ## 825. (a) Except as otherwise provided in this section, if an employee or former employee of a public entity requests the public entity to defend him or her against any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the public entity and the request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action, the public entity shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the public entity has agreed. If the public entity conducts the defense of an employee or former employee against any claim or action with his or her reasonable good-faith cooperation, the public entity shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the public entity has agreed. However, where the public entity conducted the defense pursuant to an agreement with the employee or former employee reserving the rights of the public entity not to pay the judgment, compromise, or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the public entity is required to pay the judgment, compromise, or settlement only if it is established that the injury arose out of an act or omission occurring in the scope of his or her employment as an employee of the public entity. Nothing in this section authorizes a public entity to pay that part of a claim or judgment that is for punitive or exemplary damages. (b) Notwithstanding subdivision (a) or any other provision of law, a public entity is authorized to pay that part of a judgment that is for punitive or exemplary damages if the governing body of that public entity, acting in its sole discretion except in cases involving an entity of the state government, finds all of the following: (1) The judgment is based on an act or omission of an employee or former employee acting within the course and scope of his or her employment as an employee of the public entity. (2) At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the public entity. (3) Payment of the claim or judgment would be in the best interests of the public entity. As used in this subdivision with respect to an entity of state government, “a decision of the governing body” means the approval of the Legislature for payment of that part of a judgment that is for punitive damages or exemplary damages, upon recommendation of the appointing power of the employee or former employee, based upon the finding by the Legislature and the appointing authority of the existence of the three conditions for payment of a punitive or exemplary damages claim. The provisions of subdivision (a) of Section 965.6 shall apply to the payment of any claim pursuant to this subdivision. The discovery of the assets of a public entity and the introduction of evidence of the assets of a public entity shall not be permitted in an action in which it is alleged that a public employee is liable for punitive or exemplary damages. The possibility that a public entity may pay that part of a judgment that is for punitive damages shall not be disclosed in any trial in which it is alleged that a public employee is liable for punitive or exemplary damages, and that disclosure shall be grounds for a mistrial. (c) Except as provided in subdivision (d), if the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (d) The subject of payment of punitive damages pursuant to this section or any other provision of law shall not be a subject of meet and confer under the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, or pursuant to any other law or authority. (e) Nothing in this section shall affect the provisions of Section 818 prohibiting the award of punitive damages against a public entity. This section shall not be construed as a waiver of a public entity’s immunity from liability for punitive damages under Section 1981, 1983, or 1985 of Title 42 of the United States Code. (f) (1) Except as provided in paragraph (2), a public entity shall not pay a judgment, compromise, or settlement arising from a claim or action against an elected official, if the claim or action is based on conduct by the elected official by way of tortiously intervening or attempting to intervene in, or by way of tortiously influencing or attempting to influence the outcome of, any judicial action or proceeding for the benefit of a particular party by contacting the trial judge or any commissioner, court-appointed arbitrator, court-appointed mediator, or court-appointed special referee assigned to the matter, or the court clerk, bailiff, or marshal after an action has been filed, unless he or she was counsel of record acting lawfully within the scope of his or her employment on behalf of that party. Notwithstanding Section 825.6, if a public entity conducted the defense of an elected official against such a claim or action and the elected official is found liable by the trier of fact, the court shall order the elected official to pay to the public entity the cost of that defense. (2) If an elected official is held liable for monetary damages in the action, the plaintiff shall first seek recovery of the judgment against the assets of the elected official. If the elected official’s assets are insufficient to satisfy the total judgment, as determined by the court, the public entity may pay the deficiency if the public entity is authorized by law to pay that judgment. (3) To the extent the public entity pays any portion of the judgment or is entitled to reimbursement of defense costs pursuant to paragraph (1), the public entity shall pursue all available creditor’s remedies against the elected official, including garnishment, until that party has fully reimbursed the public entity. (4) This subdivision shall not apply to any criminal or civil enforcement action brought in the name of the people of the State of California by an elected district attorney, city attorney, or attorney general. (Amended by Stats. 1995, Ch. 799, Sec. 1. Effective January 1, 1996.)
  144. 825.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. )

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    An employee or former employee of a public entity may recover from the public entity what they paid on a covered claim or judgment, but only under the conditions stated in subdivision (b).

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. ) ## 825.2. (a) Subject to subdivision (b), if an employee or former employee of a public entity pays any claim or judgment against him, or any portion thereof, that the public entity is required to pay under Section 825, he is entitled to recover the amount of such payment from the public entity. (b) If the public entity did not conduct his defense against the action or claim, or if the public entity conducted such defense pursuant to an agreement with him reserving the rights of the public entity against him, an employee or former employee of a public entity may recover from the public entity under subdivision (a) only if he establishes that the act or omission upon which the claim or judgment is based occurred within the scope of his employment as an employee of the public entity and the public entity fails to establish that he acted or failed to act because of actual fraud, corruption or actual malice or that he willfully failed or refused to conduct the defense of the claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the public entity. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.)
  145. 825.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. )

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    A public entity’s payment of a covered claim or judgment can leave the employee or former employee not liable to indemnify the public entity, except as provided in Section 825.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. ) ## 825.4. Except as provided in Section 825.6, if a public entity pays any claim or judgment against itself or against an employee or former employee of the public entity, or any portion thereof, for an injury arising out of an act or omission of the employee or former employee of the public entity, he is not liable to indemnify the public entity. (Added by Stats. 1963, Ch. 1681.)
  146. 825.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. )

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    Public entities may recover payments they make in certain cases, but not when they defended the employee or former employee’s case, except for listed exceptions and felony-conviction situations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 4. Indemnification of Public Employees [825 - 825.6] ( Article 4 added by Stats. 1963, Ch. 1681. ) ## 825.6. (a) (1) Except as provided in subdivision (b), if a public entity pays any claim or judgment, or any portion thereof, either against itself or against an employee or former employee of the public entity, for an injury arising out of an act or omission of the employee or former employee of the public entity, the public entity may recover from the employee or former employee the amount of that payment if he or she acted or failed to act because of actual fraud, corruption, or actual malice, or willfully failed or refused to conduct the defense of the claim or action in good faith. Except as provided in paragraph (2) or (3), a public entity may not recover any payments made upon a judgment or claim against an employee or former employee if the public entity conducted his or her defense against the action or claim. (2) If a public entity pays any claim or judgment, or any portion thereof, against an employee or former employee of the public entity for an injury arising out of his or her act or omission, and if the public entity conducted his or her defense against the claim or action pursuant to an agreement with him or her reserving the rights of the public entity against him or her, the public entity may recover the amount of the payment from him or her unless he or she establishes that the act or omission upon which the claim or judgment is based occurred within the scope of his or her employment as an employee of the public entity and the public entity fails to establish that he or she acted or failed to act because of actual fraud, corruption, or actual malice or that he or she willfully failed or refused to reasonably cooperate in good faith in the defense conducted by the public entity. (3) If a public entity pays any claim or judgment, or any portion thereof, against an employee or former employee of the public entity for an injury arising out of his or her act or omission, and if the public entity conducted the defense against the claim or action in the absence of an agreement with him or her reserving the rights of the public entity against him or her, the public entity may recover the amount of that payment from him or her if he or she willfully failed or refused to reasonably cooperate in good faith in the defense conducted by the public entity. (b) (1) Upon a felony conviction for a violation of Section 1195 of this code, or of Section 68, 86, 93, 165, 504, or 518 of the Penal Code, by an elected official or former elected official of a public entity for an act or omission of that person while in office, the elected official or former elected official shall forfeit any rights to defense or indemnification under Section 825 with respect to a claim for damages for an injury arising from that act or omission. (2) If a public entity pays any claim or judgment, or any portion thereof, either against itself or against an elected official or former elected official of the public entity, for an injury arising out of an act or omission of the elected official or former elected official of the public entity, which act or omission constituted a felony violation of Section 1195 of this code, or of Section 68, 86, 93, 165, 504, or 518 of the Penal Code, the public entity shall recover from the elected official or former elected official the amount of that payment upon the felony conviction of the elected official or former elected official for that act or omission. Upon that conviction, the public entity shall also recover from the elected official the costs of any defense to a civil action filed against the elected official for that act or omission. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1995, Ch. 91, Sec. 43. Effective January 1, 1996.)
  147. 8250.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

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    The commission must hire staff or contract for needed experts or technical services to complete the study, but only if funding has been appropriated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8250. (a) The commission shall hire staff or contract for those experts or technical and professional services as may be required for the completion of the study required by Section 8248. Staff hired pursuant to this section shall be hired in compliance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2). Contracts awarded pursuant to this section shall be in compliance with Section 19130. (b) This section shall not be implemented unless and until funds are appropriated by the Legislature in the annual Budget Act or another statute. (Added by Stats. 2001, Ch. 836, Sec. 4. Effective January 1, 2002.)
  148. 8250.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. )

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    The Women and Girls Fund is created in the State Treasury, and commission gifts, bequests, or donations must be deposited to it with Department of Finance approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Commission on the Status of Women and Girls [8240 - 8250.1] ( Heading of Chapter 3.1 amended by Stats. 2013, Ch. 197, Sec. 1. ) ## 8250.1. The Women and Girls Fund is hereby created as a fund in the State Treasury to carry out this chapter in support of the commission upon appropriation by the Legislature in the annual Budget Act. Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, or donations shall be deposited in the State Treasury to the credit of the Women and Girls Fund, in accordance with the terms of the gift or donation from which the moneys are derived and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code. Upon the approval and the establishment of the Women and Girls Fund, any funds deposited and remaining in the Commission on the Status of Women and Girls Fund special deposit fund for the purposes of supporting the activities of the Commission on the Status of Women and Girls shall be transferred to the Women and Girls Fund. (Added by Stats. 2013, Ch. 28, Sec. 5. (SB 71) Effective June 27, 2013.)
  149. 8251.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. )

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    This section defines key terms for the chapter and limits when the Legislature may amend it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. ) ## 8251. Citizens Redistricting Commission General Provisions. (a) This chapter implements Article XXI of the California Constitution by establishing the process for the selection and governance of the Citizens Redistricting Commission. (b) For purposes of this chapter, the following terms are defined: (1) “Commission” means the Citizens Redistricting Commission. (2) “Day” means a calendar day, calculated as the period of elapsed time that begins at midnight and ends 24 hours later at the next midnight, except that if the final day of a period within which an act is to be performed is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. (3) “Panel” means the Applicant Review Panel. (4) “Qualified independent auditor” means an auditor who is currently employed by the Bureau of State Audits and has been a practicing independent auditor for at least 10 years prior to appointment to the Applicant Review Panel. (c) The Legislature may not amend this chapter unless all of the following are met: (1) By the same vote required for the adoption of the final set of maps, the commission recommends amendments to this chapter to carry out its purpose and intent. (2) The exact language of the amendments provided by the commission is enacted as a statute approved by a two-thirds vote of each house of the Legislature and signed by the Governor. (3) The bill containing the amendments provided by the commission is in print for at least 12 days before final passage by the Legislature. (4) The amendments further the purposes of this act. (5) The amendments may not be passed by the Legislature in a year ending in 9, 0, or 1. (Amended by Stats. 2023, Ch. 146, Sec. 1. (AB 1761) Effective January 1, 2024. Note: This section was added on Nov. 4, 2008, by initiative Prop. 11.)
  150. 8252.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. )

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    The State Auditor must run the commission application process, screen out conflicted applicants, and oversee the later selection steps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. ) ## 8252. Citizens Redistricting Commission Selection Process. (a) (1) By August 15 in each year ending in the number nine, the State Auditor shall initiate an application process, open to all registered California voters in a manner that promotes a diverse and qualified applicant pool. (2) The State Auditor shall remove from the applicant pool individuals with conflicts of interest including: (A) Within the 10 years immediately preceding the date of application, neither the applicant, nor a member of his or her immediate family, may have done any of the following: (i) Been appointed to, elected to, or have been a candidate for federal or state office. (ii) Served as an officer, employee, or paid consultant of a political party or of the campaign committee of a candidate for elective federal or state office. (iii) Served as an elected or appointed member of a political party central committee. (iv) Been a registered federal, state, or local lobbyist. (v) Served as paid congressional, legislative, or State Board of Equalization staff. (vi) Contributed two thousand dollars ($2,000) or more to any congressional, state, or local candidate for elective public office in any year, which shall be adjusted every 10 years by the cumulative change in the California Consumer Price Index, or its successor. (B) Staff and consultants to, persons under a contract with, and any person with an immediate family relationship with the Governor, a Member of the Legislature, a Member of Congress, or a member of the State Board of Equalization, are not eligible to serve as commission members. As used in this subdivision, a member of a person’s “immediate family” is one with whom the person has a bona fide relationship established through blood or legal relation, including parents, children, siblings, and in-laws. (b) The State Auditor shall establish an Applicant Review Panel, consisting of three qualified independent auditors, that is responsible for the screening of the applicants. The State Auditor shall randomly draw names from a pool consisting of all qualified independent auditors. The State Auditor shall draw until the names of three qualified independent auditors have been drawn, including one who is registered with the largest political party in California based on party registration, one who is registered with the second largest political party in California based on party registration, and one who is not registered with either of the two largest political parties in California. After the drawing, the State Auditor shall notify the three qualified independent auditors whose names have been drawn that they have been selected to serve on the panel. If any of the three qualified independent auditors decline to serve on the panel, the State Auditor shall resume the random drawing until three qualified independent auditors who meet the requirements of this subdivision have agreed to serve on the panel. A member of the panel shall be subject to the conflict-of-interest provisions set forth in paragraph (2) of subdivision (a). (c) Having removed individuals with conflicts of interest from the applicant pool, the State Auditor shall, no later than March 15 in each year ending in the number zero, publicize the names in the applicant pool and provide copies of their applications to the Applicant Review Panel. (d) From the applicant pool, the Applicant Review Panel shall select 60 of the most qualified applicants, including 20 who are registered with the largest political party in California based on registration, 20 who are registered with the second largest political party in California based on registration, and 20 who are not registered with either of the two largest political parties in California based on registration. These subpools shall be created on the basis of relevant analytical skills, ability to be impartial, and appreciation for California’s diverse demographics and geography. The members of the panel shall not communicate with any State Board of Equalization member, Senator, Assembly Member, congressional member, or their representatives, about any matter related to the nomination process or applicants prior to the presentation by the panel of the pool of recommended applicants to the Secretary of the Senate and the Chief Clerk of the Assembly. (e) By May 15 in each year ending in the number zero, the Applicant Review Panel shall present its subpools of recommended applicants to the Secretary of the Senate and the Chief Clerk of the Assembly. No later than June 30 in each year ending in the number zero, the President pro Tempore of the Senate, the Minority Floor Leader of the Senate, the Speaker of the Assembly, and the Minority Floor Leader of the Assembly may each strike up to two applicants from each subpool of 20 for a total of eight possible strikes per subpool. After all legislative leaders have exercised their strikes, the Secretary of the Senate and the Chief Clerk of the Assembly shall jointly present the pool of remaining names to the State Auditor. (f) No later than July 5 in each year ending in the number zero, the State Auditor shall randomly draw eight names from the remaining pool of applicants as follows: three from the remaining subpool of applicants registered with the largest political party in California based on registration, three from the remaining subpool of applicants registered with the second largest political party in California based on registration, and two from the remaining subpool of applicants who are not registered with either of the two largest political parties in California based on registration. These eight individuals shall serve on the Citizens Redistricting Commission. (g) No later than August 15 in each year ending in the number zero, the eight commissioners shall review the remaining names in the subpools of applicants and appoint six applicants to the commission as follows: two from the remaining subpool of applicants registered with the largest political party in California based on registration, two from the remaining subpool of applicants registered with the second largest political party in California based on registration, and two from the remaining subpool of applicants who are not registered with either of the two largest political parties in California based on registration. The six appointees must be approved by at least five affirmative votes which must include at least two votes of commissioners registered from each of the two largest parties and one vote from a commissioner who is not affiliated with either of the two largest political parties in California. The six appointees shall be chosen to ensure the commission reflects this state’s diversity, including, but not limited to, racial, ethnic, geographic, and gender diversity. However, it is not intended that formulas or specific ratios be applied for this purpose. Applicants shall also be chosen based on relevant analytical skills and ability to be impartial. (Amended by Stats. 2012, Ch. 271, Sec. 2. (SB 1096) Effective January 1, 2013. Note: This section was added on Nov. 4, 2008, by initiative Prop. 11.)
  151. 8252.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. )

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    This section lets the Governor remove a commission member for serious misconduct or inability to serve, with Senate concurrence and notice/response rights, and requires the commission to fill certain vacancies within 30 days or, if needed, the State Auditor to create a new subpool.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. ) ## 8252.5. Citizens Redistricting Commission Vacancy, Removal, Resignation, Absence. (a) In the event of substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office, a member of the commission may be removed by the Governor with the concurrence of two-thirds of the Members of the Senate after having been served written notice and provided with an opportunity for a response. A finding of substantial neglect of duty or gross misconduct in office may result in referral to the Attorney General for criminal prosecution or the appropriate administrative agency for investigation. (b) (1) Any vacancy, whether created by removal, resignation, or absence, in the 14 commission positions that occurs prior to December 31 of a year ending in the number two shall be filled by the commission within the 30 days after the vacancy occurs, from the subpool of applicants of the same voter registration category as the vacating nominee that was remaining after all legislative leaders exercised their strikes pursuant to subdivision (e) of Section 8252. (2) Any vacancy, whether created by removal, resignation, or absence, in the 14 commission positions that occurs on or after December 31 of a year ending in the number two may be filled by the commission from the subpool of applicants of the same voter registration category as the vacating nominee that was remaining after all legislative leaders exercised their strikes pursuant to subdivision (e) of Section 8252. (3) If none of those remaining applicants are available for service, the State Auditor shall establish a new subpool for the same voter registration category in accordance with Section 8252. (Amended by Stats. 2025, Ch. 331, Sec. 1. (SB 852) Effective January 1, 2026. Note: This section was added on Nov. 4, 2008, by initiative Prop. 11.)
  152. 8253.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. )

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    The commission must follow open-meeting rules, give public notice, keep redistricting records public, avoid off-hearing communications about redistricting, and follow specific voting, hiring, and public-comment procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. ) ## 8253. Citizens Redistricting Commission Miscellaneous Provisions. (a) The activities of the Citizens Redistricting Commission are subject to all of the following: (1) The commission shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3), or its successor. The commission shall provide not less than 14 days’ public notice for each meeting held for the purpose of receiving public input testimony, except that meetings held in August in the year ending in the number one may be held with 3 days’ notice. (2) The records of the commission pertaining to redistricting and all data considered by the commission are public records that will be posted in a manner that ensures immediate and widespread public access. (3) Commission members and staff may not communicate with or receive communications about redistricting matters from anyone outside of a public hearing. This paragraph does not prohibit communication between commission members, staff, legal counsel, and consultants retained by the commission that is otherwise permitted by the Bagley-Keene Open Meeting Act or its successor outside of a public hearing. (4) The commission shall select by the voting process prescribed in paragraph (5) of subdivision (c) of Section 2 of Article XXI of the California Constitution one of their members to serve as the chair and one to serve as vice chair. The chair and vice chair shall not be of the same party. Notwithstanding any other law, the commission may rotate the members serving as chair and vice chair as part of this process. (5) The commission shall hire commission staff, legal counsel, and consultants as needed. The commission shall establish clear criteria for the hiring and removal of these individuals, communication protocols, and a code of conduct. The commission shall apply the conflicts of interest listed in paragraph (2) of subdivision (a) of Section 8252 to the hiring of staff to the extent applicable. The State Auditor shall provide support functions to the commission until its staff and office are fully functional. Any individual employed by the commission shall be exempt from the civil service requirements of Article VII of the California Constitution. The commission shall require that at least one of the legal counsel hired by the commission have demonstrated extensive experience and expertise in implementation and enforcement of the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.). The commission shall make hiring, removal, or contracting decisions on staff, legal counsel, and consultants by nine or more affirmative votes including at least three votes of members registered from each of the two largest parties and three votes from members who are not registered with either of the two largest political parties in California. (6) Notwithstanding any other provision of law, no employer shall discharge, threaten to discharge, intimidate, coerce, or retaliate against any employee by reason of that employee’s attendance or scheduled attendance at any meeting of the commission. (7) The commission shall establish and implement an open hearing process for public input and deliberation that shall be subject to public notice and promoted through a thorough outreach program to solicit broad public participation in the redistricting public review process. The hearing process shall include hearings to receive public input before the commission draws any maps and hearings following the drawing and display of any commission maps. In addition, hearings shall be supplemented with other activities as appropriate to further increase opportunities for the public to observe and participate in the review process. The commission shall display the maps for public comment in a manner designed to achieve the widest public access reasonably possible. Public comment shall be taken for at least 14 days from the date of public display of the first preliminary statewide maps of the congressional, State Senatorial, Assembly, and State Board of Equalization districts, which shall be publicly displayed no later than July 1 in each year ending in the number one. The commission shall not display any other map for public comment during the 14-day period. The first preliminary statewide maps and all subsequent statewide maps shall comply, to the extent practicable, with the criteria set forth in subdivision (d) of Section 2 of Article XXI of the California Constitution. Public comment shall be taken for at least seven days from the date of public display of any subsequent preliminary statewide maps and for at least three days from the date of public display of any final statewide maps. (b) The Legislature shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software for drawing maps. Upon the commission’s formation and until its dissolution, the Legislature shall coordinate these efforts with the commission. (Amended by Stats. 2024, Ch. 80, Sec. 58. (SB 1525) Effective January 1, 2025. Note: This section was added on Nov. 4, 2008, by initiative Prop. 11.)
  153. 8253.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. )

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    Commission members must be paid $300 per day when engaged in commission business, with annual CPI-based adjustments for each succeeding commission, and panel and commission members may be reimbursed for qualifying personal expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. ) ## 8253.5. Citizens Redistricting Commission Compensation. Members of the commission shall be compensated at the rate of three hundred dollars ($300) for each day the member is engaged in commission business. For each succeeding commission, the rate of compensation shall be adjusted in each year ending in nine by the cumulative change in the California Consumer Price Index, or its successor. Members of the panel and the commission are eligible for reimbursement of personal expenses incurred in connection with the duties performed pursuant to this act. A member’s residence is deemed to be the member’s post of duty for purposes of reimbursement of expenses. (Added November 4, 2008, by initiative Proposition 11, Sec. 4.1.)
  154. 8253.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. )

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    The Governor must include funding for the State Auditor and the Citizens Redistricting Commission in the budget in each year ending in nine, and provide office and meeting space. The Legislature must appropriate the required funding, with a minimum tied to $3 million or a CPI-adjusted prior amount. The Commission may procure, contract, and hire staff and consultants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Citizens Redistricting Commission [8251 - 8253.6] ( Chapter 3.2 added November 4, 2008, by initiative Proposition 11, Sec. 4.1. ) ## 8253.6. Citizens Redistricting Commission Budget, Fiscal Oversight. (a) In each year ending in nine, the Governor shall include in the Governor’s Budget submitted to the Legislature pursuant to Section 12 of Article IV of the California Constitution amounts of funding for the State Auditor and the Citizens Redistricting Commission that are sufficient to meet the estimated expenses of each of those officers or entities in implementing the redistricting process required by this act for a three-year period, including, but not limited to, adequate funding for a statewide outreach program to solicit broad public participation in the redistricting process, including the solicitation of applicants. The Governor shall also make adequate office and meeting space available for the operation of the commission. The Legislature shall make the necessary appropriation in the Budget Act, and the appropriation shall be available during the entire three-year period. The appropriation made shall be equal to the greater of three million dollars ($3,000,000), or the amount expended pursuant to this subdivision in the immediately preceding redistricting process, as each amount is adjusted by the cumulative change in the California Consumer Price Index, or its successor, since the date of the immediately preceding appropriation made pursuant to this subdivision. The Legislature may make additional appropriations in any year in which it determines that the commission requires additional funding in order to fulfill its duties. (b) The commission, with fiscal oversight from the Department of Finance or its successor, shall have procurement and contracting authority and may hire staff and consultants, exempt from the civil service requirements of Article VII of the California Constitution, for the purposes of this act, including legal representation. (Amended by Stats. 2012, Ch. 271, Sec. 5. (SB 1096) Effective January 1, 2013. Note: This section was added on Nov. 4, 2008, by initiative Prop. 11.)
  155. 8255.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    The section states legislative findings about the Asian and Pacific Islander American community and says it is appropriate to create a state advisory commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8255. The Legislature finds and declares all of the following: (a) The Asian and Pacific Islander American (APIA) community is the fastest growing community in the State of California. According to the last census, the state’s APIA population is over 12 percent of the total state population. California also has the largest population of Pacific Islanders in the contiguous United States. (b) In the 1990 census, the four largest APIA groups, Chinese, Filipino, Korean, and Japanese, made up 70 percent of the state’s APIA population. In the 2000 census, these four groups now make up 66 percent of the new state’s APIA population. New emerging APIA communities now make up the other half of the state’s APIA population. They bring with them many challenges and assets relative to the changing face of California. Many of these groups are not immigrants, but refugees. Many are here because of failed foreign policy strategies. All are here and will for the most part not go back to their countries of origin. (c) The APIA community comprises, and will continue to comprise, a significant population in the State of California, and have unique interests and concerns that must be addressed on a continuing basis in order for APIA communities to flourish in California. It is, therefore, appropriate and beneficial to create a state advisory commission. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  156. 8255.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

    Verify source ↗

    This section defines “Commission” and “APIA” for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8255.5. The following definitions govern this chapter: (a) “Commission” means the Commission on Asian and Pacific Islander American Affairs. (b) “APIA” means Asian and Pacific Islander American. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  157. 8256.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    This section creates the Commission on Asian and Pacific Islander American Affairs, sets how its 13 members are appointed, and sets term and chair rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8256. (a) There is established in state government the Commission on Asian and Pacific Islander American Affairs, which shall be comprised of 13 members appointed in accordance with subdivision (b) and shall conduct its business in accordance with this chapter. (b) (1) The members of the commission shall be individuals with knowledge or expertise of the APIA community, whether by experience or training, and who are representative of that community in the state, both geographically and demographically. (2) Commission members shall be appointed as follows: (A) Four members, appointed by the Senate Committee on Rules. (B) Four members, appointed by the Speaker of the Assembly. (C) Five members, appointed by the Governor. The Governor’s appointees shall not be subject to confirmation by the Senate. (3) The Senate Committee on Rules and the Speaker of the Assembly shall make one appointment each from a pool of three nominees selected for each of the respective positions by the Asian and Pacific Islander Legislative Caucus. (4) Appointments shall be made during the 2003 calendar year. The terms of commission members shall commence on January 1, 2004. (5) (A) Subject to subparagraph (B), commission members shall serve for terms of four years. (B) Of the initial appointments by the Governor, four members shall serve four-year terms, and one member shall serve a two-year term. Of the initial appointments by the Senate Committee on Rules and the Speaker of the Assembly, two members appointed by each appointing power shall serve four-year terms, and two members appointed by each appointing power shall serve two-year terms. (6) Any vacancy in the membership of the commission shall not affect the powers of the commission and shall be filled in the same manner as the original appointment. (c) The chair of the commission shall be elected by a majority of the appointed members of the commission at the first official meeting of the commission, and shall serve a term of one year or until a successor is elected, whichever occurs later. (d) The commission may appoint an executive director who shall be exempt from civil service. (Amended by Stats. 2020, Ch. 264, Sec. 1. (AB 107) Effective September 29, 2020.)
  158. 8256.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    The commission can set quorum and business rules, but after its first year it must schedule four meetings a year and designate meeting places throughout California. Members serve without compensation, though they may be reimbursed for actual and necessary travel expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8256.5. (a) A majority of the appointed members of the commission shall constitute a quorum to conduct business, but the commission may establish a lesser quorum for conducting meetings scheduled by the commission. The commission may establish by majority vote any other rules for the conduct of the commission’s business, if the rules are not inconsistent with this chapter or other provisions of law. (b) After its first year, the commission shall establish both of the following: (1) A schedule of meetings to be held four times a year. (2) Designated meeting places at locations throughout the State of California. (c) Members of the commission shall serve without compensation, but may be reimbursed for actual and necessary travel expenses. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  159. 8257.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    The commission must advise state leaders and agencies, support outreach to APIA communities, research access and sensitivity issues, help policymakers and agencies, and educate the public about hate crimes and other identified issues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8257. The commission shall do all of the following: (a) Advise the Governor, the Legislature, and state agencies, departments, and commissions on issues relating to the social and economic development, and the rights and interests of APIA communities and on how to respond most effectively to the views, needs, and concerns of the state’s APIA communities. (b) Assist the state in maintaining effective liaison and outreach with APIA communities in California by, among other means, disseminating information about Asian American resources to the public and engaging in effective outreach with APIA communities in the state by communicating information to them concerning public and private programs that are beneficial to their interest. (c) Examine issues of access and cultural and language sensitivity by state agencies, departments, and commissions and compile research about APIA communities relative to the use of state services, including the development and maintenance of data relative to this use. (d) Provide assistance to policymakers and state agencies on identifying the needs or problems affecting APIA communities and in developing appropriate responses and programs. (e) Educate the public about hate crimes against APIA communities and other key issue areas identified by the commission. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  160. 8258.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    Each year by December 1, the commission must send the Governor and Legislature an annual report describing its activities from the prior 12 months, plus its proposed action plan for the next year and recommendations for improving state services to APIA communities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8258. By December 1 of each year, the commission shall submit an annual report to the Governor and the Legislature detailing activities undertaken by the commission in the preceding 12-month period. The report shall set forth the commission’s proposed action plan for the following year and its recommendations on how to improve the delivery of state services to APIA communities. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  161. 8259.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    The commission is advisory only for its Section 8257 duties, and the state or the parties meeting and conferring have no right or obligation to implement its findings unless later legislation specifically authorizes that.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8259. With respect to its duties under Section 8257, the commission shall be an advisory commission only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without further legislation that specifically authorizes that the evaluations, determinations, and findings of the commission be implemented. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  162. 8259.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    The commission may seek and accept grants, gifts, donations, and other financial support, and may accept other legislative appropriations for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8259.5. (a) The commission may apply for and accept grants and receive gifts, donations, and other financial support from public or private sources for purposes of this chapter, subject to the requirements of Sections 11005 and 11005.1 of the Government Code. (b) The commission may also accept any other funds appropriated by the Legislature expressly for the purposes of this chapter. (Added by Stats. 2002, Ch. 716, Sec. 1. Effective January 1, 2003.)
  163. 8260.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. )

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    The State Department of Social Services must run a grant program for victims and survivors of hate incidents and hate crimes, consult with the named commission, and report to legislative budget committees by March 1, 2027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Commission on Asian and Pacific Islander American Affairs [8255 - 8260] ( Chapter 3.3 added by Stats. 2002, Ch. 716, Sec. 1. ) ## 8260. (a) The State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall administer a grant program that provides support and services to victims and survivors of hate incidents and hate crimes and their families and facilitates hate incident or hate crime prevention measures. The grant program shall prioritize victims, survivors, and vulnerable populations with high or increasing levels of hate incidents or hate crimes who have historically faced barriers to accessing appropriate care and services. In developing the grant program criteria, the department shall consult with the Commission on Asian and Pacific Islander American Affairs and may consult with other state departments as necessary. (b) The department, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall develop a process to award grants to qualified grantees to be used to provide at least one of the following: (1) Community-based supports and services to victims and survivors of hate incidents or hate crimes, and their families, which may include health care services, mental health services, and legal services. (2) Hate incident and hate crime prevention measures, which may include community engagement and education, community conflict resolution, in-language outreach, services to escort community members in public, community healing, collaboration, cross-racial building, and community diversity training. (c) (1) Qualified grantees shall include nonprofit entities that meet the requirements set forth in either paragraph (3) or paragraph (5) of subdivision (c) of Section 501 of the Internal Revenue Code. An entity may partner with another entity to meet the requirements of this paragraph. (2) Qualified grantees shall have experience providing supports and services to victims and survivors of hate incidents and hate crimes and hate incident and hate crime prevention measures in a language competent and culturally competent manner or funding organizations that provide such services. A qualified grantee that is awarded funds pursuant to this section shall comply with tracking and reporting procedures to be determined by the department. (d) The department may enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program. (e) Notwithstanding any other law, contracts issued pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), the State Department of Social Services may implement and administer this provision without adopting regulations. (g) The Legislature finds and declares that this section is a state law that provides assistance and services for undocumented persons within the meaning of subdivision (d) of Section 1621 of Title 8 of the United States Code. (h) The department, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall submit an implementation report by March 1, 2027, to the budget committees of both houses. The report shall include a list of the grant recipients and the amounts allocated to each grantee, the supports and services and hate incident and hate crime prevention measures provided by each grantee, and the geographic location of each grantee. (i) This section shall become inoperative on June 30, 2029, and, as of January 1, 2030, is repealed. (Amended by Stats. 2026, Ch. 26, Sec. 1. (AB 152) Effective June 29, 2026. Inoperative June 30, 2029, by its own provisions. Repealed as of January 1, 2030, by its own provisions.)
  164. 8261.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 1. Title [8261- 8261.] ( Article 1 added by Stats. 2021, Ch. 660, Sec. 2. )

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    This section names the chapter the California Youth Empowerment Act and says it may be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 1. Title [8261- 8261.] ( Article 1 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8261. This chapter shall be known, and may be cited, as the California Youth Empowerment Act. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  165. 8262.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 2. Definitions [8262- 8262.] ( Article 2 added by Stats. 2021, Ch. 660, Sec. 2. )

    Verify source ↗

    This section defines “Commission” and “Commissioner” for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 2. Definitions [8262- 8262.] ( Article 2 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8262. For purposes of this chapter, the following definitions apply: (a) “Commission” means the California Youth Empowerment Commission established in Section 8263. (b) “Commissioner” means a voting member of the California Youth Empowerment Commission. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  166. 8263.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. )

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    This section creates the California Youth Empowerment Commission and sets how its voting and nonvoting members are appointed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8263. (a) There is in the Governor’s Office of Service and Community Engagement the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows: (1) Eleven public members appointed by the Governor, subject to the following requirements: (A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor. (B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner. (C) Five of the commissioners shall be between 14 to 18 years of age. (D) Five of the commissioners shall be between 18 to 25 years of age. (E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration. (F) One at-large commissioner, who may be between 14 to 25 years of age. (2) One at-large public member appointed by the Senate Committee on Rules. (3) One at-large public member appointed by the Speaker of the Assembly. (4) The Governor may appoint alternates for those described in paragraph (1). (b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows: (1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba. (2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity. (3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco. (4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne. (5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura. (6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare. (7) The Inland Empire region consists of the Counties of Riverside and San Bernardino. (8) The Los Angeles region consists of the County of Los Angeles. (9) The Orange County region consists of the County of Orange. (10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego. (c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission. (d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives. (Amended by Stats. 2024, Ch. 41, Sec. 23. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2030, pursuant to Section 8276.)
  167. 8264.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. )

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    Commissioners serve two-year terms, must be 14 to 25 years old and California residents, and may be reappointed if they still meet the age rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8264. (a) Excluding the initial staggering of terms, commissioners shall serve two-year terms. (b) Commissioners shall be between 14 and 25 years of age. If a commissioner turns 26 years of age during their term, that commissioner shall be allowed to complete the term. (c) A commissioner shall be a resident of California. (d) A commissioner may seek reappointment as long as they fulfill the requirements pursuant to subdivision (b). (e) (1) Attending a meeting of the commission as a commissioner shall be a lawful excuse for a student to be absent from school, under paragraph (7) of subdivision (a) of Section 48205 of the Education Code, if approved by the principal or a designated representative pursuant to uniform standards established by the governing board. (2) A student excused from school attendance under this section may not be recorded as being absent on any date for which the excuse is operative and may not be penalized by the school in any manner. (f) (1) In the event of inappropriate conduct, unexcused absences, or inability to complete expected duties of a commissioner, the commissioner in question is entitled to a facilitated meeting using restorative practices. (2) For purposes of this subdivision, the following definitions shall apply: (A) “Facilitated meeting” means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of the commissioners in conflict. (B) “Restorative justice practices” means a process to improve and repair relationships between people and communities. Restorative justice practices provide tertiary prevention, introduced after the problem has occurred, with the intention of avoiding reoccurrence. (g) A commissioner’s position becomes vacant, under the approval of the executive director, in the event of any of the following: (1) Death of a commissioner. (2) Resignation of a commissioner. (3) Change in residence of a commissioner to outside of California. (4) Failure to resolve challenges occurring from inappropriate conduct, unexcused absences, or inability to complete expected duties of a commissioner. (h) In the event of a vacancy, the alternate will fill the position, and the appointing power that appointed the commissioner shall appoint a new alternate in the same manner as the original appointment within 60 days of the vacancy. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  168. 8265.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The executive director must publish the application process procedures on the website each year, notify specified education authorities when applications open, and include certain information in that notice. The executive director may also recommend public members for appointment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8265. (a) Within six months of the commission’s establishment, and not later than March 1 of each subsequent year, the executive director, appointed pursuant to Section 8274, shall release to the public on its internet website the procedures for the general application process to assist public members in the appointment process and facilitate communications between public members and the appointing powers. (b) The executive director shall also notify the Superintendent of Public Instruction, the Association of Independent California Colleges and Universities, the Regents of the University of California, the California State University, and the California Community Colleges Chancellor’s office that the application for an appointment is open. The notice shall include the requirements for an appointment, a copy of the application, and a request to transmit the notice to all students in California. (c) The executive director may recommend public members to be appointed to the appointing powers, but there shall be no right or obligation on the part of the appointing powers to appoint those public members. (Amended by Stats. 2024, Ch. 41, Sec. 24. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2030, pursuant to Section 8276.)
  169. 8266.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. )

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    Commission members and certain accompanying parents or guardians are entitled to per diem and travel expenses when on official business.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8266. Each public member of the commission shall receive one hundred dollars ($100) per diem while on official business of the commission. Each member of the commission shall also be entitled to receive their actual necessary traveling expenses while on official business of the commission. For commissioners between 14 and 18 years of age, a parent or guardian shall be entitled to receive their actual necessary traveling expenses while accompanying the minor on official business of the commission. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  170. 8267.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission must elect a chair, vice chair, and clerk at its first meeting each year, and those officers have specified meeting, records, website, liaison, and vote-recording duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 3. Creation and Membership [8263 - 8267] ( Article 3 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8267. (a) The commission shall elect a chair, vice chair, and clerk from among its members at the first meeting of the year. (b) The commission shall be composed of the following: (1) A chair who shall conduct the meetings, draft bylaws, serve as the primary liaison to the government, and oversee the formation of committees as necessary to accomplish the business of the commission. (2) A vice chair who shall assist the chair and conduct the meetings of the commission if the chair is absent or otherwise unable to perform their duties. (3) A clerk who shall keep and maintain the minutes of the meetings, regularly update the internet website, pursuant to Section 8272, and record the final votes on any measure for vote by the chair. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  171. 8268.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission is only advisory, and the state or parties meeting and conferring have no right or obligation to implement its findings unless later legislation specifically authorizes it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8268. With respect to its duties, the commission shall be an advisory commission only. There shall be no right or obligation on the part of the state, or parties meeting and conferring, to implement the findings of the commission without further legislation that specifically authorizes that the evaluations, determinations, and findings of the commission be implemented. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  172. 8269.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission’s purpose is to create civic engagement opportunities for disconnected and disadvantaged youth in California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8269. The commission’s main purpose is to provide meaningful opportunities for actual civic engagement to improve the quality of life for California’s disconnected and disadvantaged youth. Furthermore, youths involved with the commission will make meaningful recommendations regarding legislation and policies that impact their own lives and the lives of millions of other youths in California whose voices often go unheard. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  173. 827.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 5. Indemnification of Certain State Agents [827- 827.] ( Article 5 added by Stats. 1995, Ch. 749, Sec. 3. )

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    Certain health care providers and related staff defended by the Attorney General or state counsel must be indemnified under Section 825, but not for civil rights actions unless the provider has professional negligence insurance.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 1. General Provisions Relating to Liability [814 - 827] ( Chapter 1 added by Stats. 1963, Ch. 1681. ) ## ARTICLE 5. Indemnification of Certain State Agents [827- 827.] ( Article 5 added by Stats. 1995, Ch. 749, Sec. 3. ) ## 827. A provider of health care, as defined in Section 56.05 of the Civil Code, its officers, employees, agents, and subcontractors, who are defended by the Attorney General pursuant to Section 12511.5, or other legal counsel provided by the state, shall be indemnified in accordance with Section 825, subject to the same conditions and limitations applicable to state employees, except that no provider of health care shall be indemnified in a civil rights action unless the health care provider maintains insurance for professional negligence. To the extent that negligence constitutes the basis of liability of the health care provider, the provider’s private insurance shall be the source of recovery. (Added by Stats. 1995, Ch. 749, Sec. 3. Effective October 10, 1995.)
  174. 8270.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission must hold full commission meetings at least every other month, and the first meeting must be on or before September 2024.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before September 2024. (Amended by Stats. 2024, Ch. 41, Sec. 25. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2030, pursuant to Section 8276.)
  175. 8271.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission or committee may act on a measure only if a majority of the commissioners vote yes at a full session or committee meeting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8271. The affirmative votes of a majority of the commissioners at a full session or committee meeting are required for the commission or committee to take action on any measure, respectively, including resolutions, annual reports, and initiatives. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  176. 8272.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission must examine youth policy issues, advise specified officials, consult youth organizations, publish a public website, and publish an annual report.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8272. The commission shall do the following: (a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California. (b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following: (1) Achievement gap. (2) Behavioral and physical health. (3) Bullying. (4) Career preparation. (5) Child welfare. (6) Child and sexual abuse. (7) Civic engagement. (8) Climate crisis. (9) College affordability and student loans. (10) Depression and suicide. (11) Education. (12) Employment. (13) Financial literacy. (14) Foster care. (15) Gun violence. (16) Health care. (17) Homelessness. (18) Housing and transportation. (19) Immigration and undocumented youth. (20) Juvenile justice. (21) Labor and jobs. (22) LGBTQ civil rights. (23) Mental health. (24) Poverty. (25) Racial, economic, and gender equity. (26) Reproductive justice. (27) Safety. (28) Social media and networking. (29) Substance abuse and vaping. (30) Youth development. (31) Any other policy or fiscal issues deemed appropriate by the commission. (c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth. (d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video. (e) On or before May 30, 2026, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. (Amended by Stats. 2024, Ch. 41, Sec. 26. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2030, pursuant to Section 8276.)
  177. 8273.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission must carry out chapter duties and may perform listed activities, including drafting resolutions and model legislation, holding hearings, forming committees, running outreach, setting grant procedures, and awarding prizes or grants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 4. Purposes, Duties, and Powers [8268 - 8273] ( Article 4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8273. The commission shall carry out the duties imposed upon it by this chapter, and may do any of the following: (a) Draft and approve resolutions that formally articulate the commission’s positions on various youth-related legislative and fiscal policy. (b) Draft model legislation that addresses issues relating to youth that may be adopted by Members of the Legislature. (c) Provide testimony during any committee meeting in the Legislature. (d) Form committees and task forces to discuss specific issues and policy areas and meet as necessary. (e) Conduct public hearings with community and youth organizations to identify pressing issues and debate priorities. (f) Appoint advisory committees from within its membership or with outside members whenever necessary. Members of an advisory committee shall serve without compensation, but each may be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. (g) Conduct public awareness campaigns to raise awareness about the commission and to enhance outreach to the youth in this state. (h) Conduct periodic seminars for its members regarding leadership, government, and the Legislature. (i) Establish grant application criteria and procedures, subject to the availability of funding pursuant to Section 8275. (j) Award prizes or direct grants to organizations in accordance with those regulations as the commission may prescribe. In awarding prizes or directing grants, the commission shall notify the offices of the legislators in whose district the recipient resides. (Added by Stats. 2021, Ch. 660, Sec. 2. (AB 46) Effective January 1, 2022. Repealed as of January 1, 2030, pursuant to Section 8276.)
  178. 8274.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The Governor must appoint an executive director for the California Youth Empowerment Commission, and the executive director must carry out listed management and staffing duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following: (a) Assist the commission in carrying out its work. (b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated. (c) Be responsible for the management and administration of the commission staff. (d) Perform other duties as directed by the commission. (Amended by Stats. 2023, Ch. 45, Sec. 7. (AB 127) Effective July 10, 2023. Repealed as of January 1, 2030, pursuant to Section 8276.)
  179. 8275.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. )

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    The commission may accept gifts, grants, and in-kind support, and it must develop a strategy to attract private donor support. The fund is administered by the executive director, and money in the fund may be spent only with legislative appropriation. The chapter is implemented upon appropriation by the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter. (b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission. (c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commission’s dependence on state funding. (d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission. (e) This chapter shall be implemented upon appropriation by the Legislature. (Amended by Stats. 2023, Ch. 45, Sec. 8. (AB 127) Effective July 10, 2023. Repealed as of January 1, 2030, pursuant to Section 8276.)
  180. 8275.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. )

    Verify source ↗

    This chapter takes effect only when the Legislature appropriates money for it, and it is set to be repealed on January 1, 2030.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8275.5. This chapter shall be implemented upon appropriation by the Legislature. (Added by Stats. 2024, Ch. 41, Sec. 27. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2030, pursuant to Section 8276.)
  181. 8276.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. )

    Verify source ↗

    This chapter stays in effect only until January 1, 2030, and is repealed on that date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.4. California Youth Empowerment Act [8261 - 8276] ( Chapter 3.4 added by Stats. 2021, Ch. 660, Sec. 2. ) ## ARTICLE 5. Administration and Finance [8274 - 8276] ( Article 5 added by Stats. 2021, Ch. 660, Sec. 2. ) ## 8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2023, Ch. 45, Sec. 9. (AB 127) Effective July 10, 2023. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Chapter 3.4, commencing with Section 8261.)
  182. 8280.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    This section creates the California Law Revision Commission and says the Committee on Revision of the Penal Code exists within it starting January 1, 2020. It also defines “Commission” and “Committee” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8280. (a) There is created in the State Government the California Law Revision Commission. (b) Commencing January 1, 2020, there exists within the California Law Revision Commission the Committee on Revision of the Penal Code. (c) For purposes of this article, the following terms have the following meanings: (1) “Commission” means the California Law Revision Commission. (2) “Committee” means the Committee on Revision of the Penal Code, unless otherwise specified. (Amended by Stats. 2019, Ch. 25, Sec. 2. (SB 94) Effective June 27, 2019.)
  183. 8281.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    This section sets the membership of the California Law Revision Commission and how some members are appointed and serve.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8281. (a) The commission consists of one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, and seven members appointed by the Governor with the advice and consent of the Senate. The Legislative Counsel is an ex officio member of the commission. (b) The Members of the Legislature appointed to the commission serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that the participation is not incompatible with their respective public offices as Members of the Legislature. For the purposes of this article, those Members of the Legislature constitute a joint interim investigating committee on the subject of this article and, as a joint interim investigating committee, have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly. (c) The members appointed by the Governor shall be appointed for a term of four years. The terms of the members first appointed shall not commence earlier than October 1, 1953, and shall expire as follows: four on October 1, 1955, and three on October 1, 1957. When a vacancy occurs in any office filled by appointment by the Governor, the Governor shall appoint a person to the office, who shall hold office for the balance of the unexpired term of the person’s predecessor. (Amended by Stats. 2019, Ch. 25, Sec. 3. (SB 94) Effective June 27, 2019.)
  184. 8281.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    This section sets out who serves on the Committee on Revision of the Penal Code, how some members are appointed, how long they serve, and limits on membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8281.5. (a) The Committee on Revision of the Penal Code consists of one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, and five members appointed by the Governor. (b) (1) The Members of the Legislature appointed to the committee serve at the pleasure of the appointing power and shall participate in the activities of the committee to the extent that the participation is not incompatible with their respective public offices as Members of the Legislature. (2) For purposes of this article, those Members of the Legislature constitute a joint interim investigating committee on the subject of Section 8290.5 and, as a joint interim investigating committee, have the powers and duties imposed on those committees by the Joint Rules of the Senate and Assembly. (c) (1) The members appointed by the Governor shall be appointed for a term of four years. The terms of the members first appointed expire as follows: (A) Three terms expire on January 1, 2022. (B) Two terms expire on January 1, 2024. (2) When a vacancy occurs in any office within the committee filled by appointment by the Governor, the Governor shall appoint a person to the office, who shall hold office for the balance of the unexpired term of the person’s predecessor. (d) Members of the committee shall not be members of the commission. (Added by Stats. 2019, Ch. 25, Sec. 4. (SB 94) Effective June 27, 2019.)
  185. 8282.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    Commission and committee members serve without compensation, except Governor-appointed members get $100 per day of meeting attendance, and all members may be reimbursed for actual expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8282. (a) The members of the commission and committee shall serve without compensation, except that each member appointed by the Governor shall receive one hundred dollars ($100) for each day’s attendance at a meeting of the commission or committee. (b) Each member of the commission and committee shall be allowed actual expenses incurred in the discharge of the member’s duties, including travel expenses. (Amended by Stats. 2019, Ch. 25, Sec. 5. (SB 94) Effective June 27, 2019.)
  186. 8283.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission must choose one of its members as chairperson, and the Governor must choose one committee member as chairperson.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8283. (a) The commission shall select one of its members chairperson. Five members constitute a quorum of the commission. (b) The Governor shall select one of the committee members to serve as chairperson. Three members constitute a quorum of the committee. (Amended by Stats. 2019, Ch. 25, Sec. 6. (SB 94) Effective June 27, 2019.)
  187. 8284.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission may appoint an executive director and set the director’s compensation, as permitted by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8284. The commission may appoint an executive director and fix the director’s compensation, in accordance with law. (Amended by Stats. 2019, Ch. 25, Sec. 7. (SB 94) Effective June 27, 2019.)
  188. 8285.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission may hire necessary professional, clerical, and other assistants and set their compensation, as allowed by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8285. The commission may employ and fix the compensation, in accordance with law, of such professional, clerical and other assistants as may be necessary. (Added by renumbering Section 10305 by Stats. 1984, Ch. 1335, Sec. 2.)
  189. 8286.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    The State Library’s material must be made available to the commission and committee, and state agencies, official state organizations, and related persons must give them full information and reasonable research assistance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8286. The material of the State Library shall be made available to the commission and the committee. All state agencies, and other official state organizations, and all persons connected therewith shall give the commission and committee full information, and reasonable assistance in any matters of research requiring recourse to them, or to data within their knowledge or control. (Amended by Stats. 2019, Ch. 25, Sec. 8. (SB 94) Effective June 27, 2019.)
  190. 8286.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    A local governmental entity may give the committee full information and reasonable assistance for research matters involving the entity or information within its knowledge or control.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8286.5. A local governmental entity may give the committee full information and reasonable assistance in any matters of research requiring recourse to them, or data within their knowledge or control. (Added by Stats. 2022, Ch. 48, Sec. 13. (SB 189) Effective June 30, 2022.)
  191. 8287.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The Board of Trustees of the State Bar must assist the commission and committee when they request it, as long as the request is within their powers or duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8287. The Board of Trustees of the State Bar shall assist the commission and the committee in any manner the commission or committee may request within the scope of its powers or duties. (Amended by Stats. 2019, Ch. 25, Sec. 9. (SB 94) Effective June 27, 2019.)
  192. 8288.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    Commission employees and Governor-appointed members may not advocate for or against covered legislation, but they may appear and testify at legislative committee hearings to explain a recommendation and answer questions if they follow the advocacy limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8288. (a) No employee of the commission and no member appointed by the Governor shall, with respect to any proposed legislation concerning matters assigned to the commission for study pursuant to Section 8293, advocate the passage or defeat of the legislation by the Legislature or the approval or veto of the legislation by the Governor. An employee or member of the commission appointed by the Governor shall not advocate the passage or defeat of any legislation or the approval or veto of any legislation by the Governor, in that person’s official capacity as an employee or member. (b) An employee or member of the commission may appear and testify at any legislative committee hearing on legislation to implement a commission recommendation, for the purpose of explaining the recommendation and answering questions posed by the legislative committee members, if the employee or member of the commission does not violate the restrictions described in subdivision (a). (Amended by Stats. 2019, Ch. 25, Sec. 10. (SB 94) Effective June 27, 2019.)
  193. 8289.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    The commission must examine law and decisions, consider proposed changes and suggestions, and recommend needed reforms, subject to Section 8293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8289. The commission shall, within the limitations imposed by Section 8293: (a) Examine the common law and statutes of the state and judicial decisions for the purpose of discovering defects and anachronisms in the law and recommending needed reforms. (b) Receive and consider proposed changes in the law recommended by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, any bar association or other learned bodies. (c) Receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally as to defects and anachronisms in the law. (d) Recommend, from time to time, such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law of this state into harmony with modern conditions. (Added by renumbering Section 10330 by Stats. 1984, Ch. 1335, Sec. 2.)
  194. 8290.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

    Verify source ↗

    The commission must recommend repealing statutes that were repealed by implication or found unconstitutional by the state or U.S. Supreme Court.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8290. The commission shall recommend the express repeal of all statutes repealed by implication, or held unconstitutional by the Supreme Court of the state or the Supreme Court of the United States. (Added by renumbering Section 10331 by Stats. 1984, Ch. 1335, Sec. 2.)
  195. 8290.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The committee must study Penal Code revision and make recommendations, including possible sentence-length adjustments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8290.5. (a) The committee shall study and make recommendations on revision of the Penal Code to achieve all of the following objectives: (1) Simplify and rationalize the substance of criminal law. (2) Simplify and rationalize criminal procedures. (3) Establish alternatives to incarceration that will aid in the rehabilitation of offenders. (4) Improve the system of parole and probation. (b) In making recommendations pursuant to subdivision (a), the committee may recommend adjustments to the length of sentence terms. In making that recommendation, the committee may consider any factors, including, but not limited to, any of the following: (1) The protection of the public. (2) The severity of the offense. (3) The rate of recidivism. (4) The availability and success of alternatives to incarceration. (5) Empirically significant disparities between individuals convicted of an offense and individuals convicted of other similar offenses. (c) The approval by the commission of any recommendations by the committee is not required. (Added by Stats. 2019, Ch. 25, Sec. 11. (SB 94) Effective June 27, 2019.)
  196. 8290.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission must study how to replace “dependent adult” and “dependent person” with more respectful terms and submit the study to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8290.7. (a) The Legislature finds and declares all of the following: (1) The terms “dependent adult” and “dependent person” are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the law’s protections. (2) The term “dependent” demeans and insults people with disabilities who may need special support and services, but may also have the desire and ability to live independently. (3) It is a priority of this state to ensure that the language used to draft California laws, including the drafting guidelines for legislation, appropriately recognizes and represents people with disabilities. (b) It is the intent of the Legislature in enacting this act that the terms “dependent adult” and “dependent person” be replaced in code with updated terminology that describes these adults in a respectful way; and that the change in terminology is undertaken in a consistent and comprehensive manner that does not substantively alter existing law. (c) (1) The commission shall, with input from stakeholders, including, but not limited to, the state protection and advocacy agency designated pursuant to Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code, complete and submit to the Legislature a study on how to remove the terms “dependent adult” and “dependent person” from California code sections, including, but not limited to, code sections that use the term “dependent” in conjunction with the term “elder” to describe the physical or financial abuse of persons who are elders or persons with a disability, including, but not limited to, the Penal Code, Welfare and Institutions Code, and Civil Code. (2) As part of the study, the commission shall convene a working group that includes, but is not limited to, all of the following: (A) The state protection and advocacy agency. (B) The State Department of Social Services. (C) Groups representing persons who are described by the current definitions of “dependent adults” and “dependent persons.” (D) Persons who are described by the current definitions of “dependent adults” or “dependent persons.” (3) The study shall identify all existing California code sections regarding persons who meet the definition of “dependent adult” and “dependent person” that should be amended in accordance with this subdivision. (4) The study shall include recommendations on how to revise existing California code sections in order to remove “dependent adult” and “dependent person” and replace those terms with new terminology in a manner that would describe these adults in a respectful way and that would preserve the legal rights and protections of both of the following groups of persons in a comprehensive and consistent manner: (A) Persons who meet the definition of “dependent adult” and “dependent person” as currently recognized in statute, regulation, and case law. (B) Persons who do not meet the definition of “dependent adult” and “dependent person” but are described in conjunction with such persons, including elders who are protected by laws governing “elder and dependent adult abuse.” (d) (1) The requirement for submitting the study imposed under subdivision (c) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code. (2) The study to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 233, Sec. 1. (AB 1906) Effective January 1, 2025.)
  197. 8291.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission and the committee must submit their reports and law-revision recommendations to the Governor and the Legislature, and they may send a copy of a recommendation to members of a legislative committee hearing related legislation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8291. (a) The commission and the committee shall submit their reports, and their recommendations as to revision of the laws, to the Governor and the Legislature. (b) Notwithstanding Section 9795, the commission and the committee may provide a copy of a recommendation to each member of a legislative committee that is hearing legislation that would implement the recommendation. (Amended by Stats. 2019, Ch. 25, Sec. 12. (SB 94) Effective June 27, 2019.)
  198. 8292.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission and the committee may include proposed legislative measures in their reports, and the reports may also include exhibits, but only within the limits of Section 8293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8292. The commission and the committee may, within the limitations imposed by Section 8293, include in their reports the legislative measures proposed by them to effect the adoption or enactment of the proposed revision. The reports may be accompanied by exhibits of various changes, modifications, improvements, and suggested enactments prepared or proposed by the commission or the committee with a full and accurate index thereto. (Amended by Stats. 2019, Ch. 25, Sec. 13. (SB 94) Effective June 27, 2019.)
  199. 8293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The commission must file a report each regular legislative session, limit its studies to approved topics, and study topics referred by the Legislature; the committee must also prepare an annual report.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8293. (a) The commission shall file a report at each regular session of the Legislature that shall contain a calendar of topics selected by it for study, including a list of the studies in progress and a list of topics intended for future consideration. The commission shall confine its studies to those topics set forth in the calendar contained in its last preceding report that have been or are thereafter approved for its study by concurrent resolution of the Legislature. The commission shall also study any topic that the Legislature, by concurrent resolution or statute, refers to it for study. (b) The committee shall prepare an annual report that describes its work in the prior calendar year and its expected work for the subsequent calendar year. (Amended by Stats. 2019, Ch. 25, Sec. 14. (SB 94) Effective June 27, 2019.)
  200. 8294.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. )

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    The State Printing Office must print the commission’s and committee’s reports, exhibits, and proposed legislative measures, under their supervision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Law Reform [8280 - 8298] ( Chapter 3.5 added by Stats. 1984, Ch. 1335, Sec. 1. ) ## ARTICLE 2. California Law Revision Commission [8280 - 8298] ( Article 2 added by Stats. 1984, Ch. 1335, Sec. 2, by renaming and relocating Chapter 2 of Part 2 of Division 2. ) ## 8294. The commission’s and committee’s reports, exhibits, and proposed legislative measures shall be printed by the State Printing Office under the supervision of the commission or committee, respectively. The exhibits shall be so printed as to show in the readiest manner the changes and repeals proposed by the commission or committee. (Amended by Stats. 2019, Ch. 25, Sec. 15. (SB 94) Effective June 27, 2019.)

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