Government Code — Part 98 | GOV — United States — California law | Esheria

Government Code

Part 98 of 107 · provisions 19,401–19,600

This act is named the Government Code.

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About this statute

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

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Provisions of Government Code

Showing 200 of 21,333

  1. 8521.5.

    ## 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 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. )

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    The State Auditor must provide periodic independent audits for state government, under the direction of the Milton Marks 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 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. ) ## 8521.5. The Legislature finds that our system of government is a complex structure of interlocking relationships among all levels of government for managing public funds and programs. Officials and employees who manage and administer these programs must be accountable for their activities to the public. The Legislature recognizes that governmental audits are an important cornerstone in the system of accountability expected by the people of California. One of the most important aspects of public accountability is whether the use of state funds and resources complies with the Legislature’s statutory mandates. Under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, the State Auditor shall meet the needs of state government for periodic audits of organizations, programs, and services. The State Auditor shall conduct an independent audit for use by the executive and legislative branches of state government to promote sound fiscal and administrative policy for the government of the state, fulfill the condition for the receipt of billions of dollars in federal grant funds, and provide an independent financial audit report that is relied upon by underwriters, bond-rating companies, and potential investors. (Amended by Stats. 1995, Ch. 682, Sec. 2. Effective October 10, 1995.)
  2. 8522.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. )

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    The commission may examine executive branch departments, agencies, instrumentalities, and related laws and regulations, and may make recommendations to the Governor and 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 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. ) ## 8522. The commission, on its own motion, may, for the purpose of making reports and recommendations to assist the Legislature in respect to the matters listed in Section 8521, examine in detail the structure, organization, operation, and functions of every department, agency, and instrumentality in the executive branch of the state government, and all provisions of law and regulations pertaining thereto, and may examine all present provisions of law pertaining to continuing or permanent appropriations of public funds and the methods used in administering such provisions. The commission may make such recommendations to the Governor and to the Legislature at such time, or times as the commission deems necessary. (Added by renumbering Section 8523 by Stats. 1967, Ch. 1625.)
  3. 8522.5.

    ## 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 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. )

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    The commission must review final reports and make recommendations to the Legislature and the Governor about state audits and state revenues and expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. ) ## 8522.5. The commission shall review final reports and make recommendations to the Legislature and the Governor concerning the results of state audits and the revenues and expenditures of the state, its departments, subdivisions, agencies, and other public entities. (Added by Stats. 1993, Ch. 12, Sec. 6. Effective May 7, 1993.)
  4. 8523.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. )

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    The Governor must send reorganization plans to the commission and Legislative Counsel before legislative submission, and the commission must report within 30 days after the Governor submits the plan 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 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. ) ## 8523. (a) The Governor shall submit to the commission for study and recommendation any reorganization plan which he intends to submit to the Legislature pursuant to authority vested in the Governor by the Legislature under Section 6 of Article V of the Constitution at least 30 days prior to submission of such plan to the Legislature. The commission shall make its report to the Governor and the Legislature within 30 days of the date on which the Governor submits any such plan to the Legislature. The commission may, on its own initiative, undertake a study of any reorganization proposal submitted to the Legislature and make reports to the Governor and the Legislature as it deems necessary. (b) Prior to transmittal of a plan to the Commission on California State Government Organization and Economy pursuant to this section the Governor shall submit each plan to the Legislative Counsel in order that it may be submitted to the Legislature in the form and language suitable for enactment in the statutes at large. The Legislative Counsel shall prepare a digest of the plan which shall be printed commencing on the first page thereof. It is the intent of the Legislature in requiring the use of statutory format language to insure that reorganization plans submitted to it express clearly and specifically the nature and purposes of the plan. (c) Notwithstanding subdivision (a) of this section, the Governor may submit a reorganization plan directly to the Legislature if such plan is substantially identical to a plan previously submitted to the commission during the same legislative session. (Added by Stats. 1974, Ch. 1242.)
  5. 8524.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. )

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    The commission may devise a basic test for deciding which governmental activities, if any, should receive continuing or permanent appropriations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. ) ## 8524. The commission may devise a basic test to determine what, if any, governmental activities should be granted continuing or permanent appropriations. (Added by Stats. 1961, Ch. 2038.)
  6. 8525.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. )

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    The commission may submit interim reports of its activities to the Legislature and the Governor whenever it deems necessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 2. Purposes and Duties [8521 - 8525] ( Article 2 added by Stats. 1961, Ch. 2038. ) ## 8525. The commission may submit to the Legislature and the Governor, at such time, or times, as the commission deems necessary, interim reports of its activities. (Added by renumbering Section 8524 (as added by Stats. 1967, Ch. 1625) by Stats. 1979, Ch. 373.)
  7. 853.

    ## 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 4.5. Unmanned Aircraft [853 - 853.5] ( Chapter 4.5 added by Stats. 2016, Ch. 834, Sec. 2. )

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    A local public entity or its employee is not liable for damage to an unmanned aircraft or unmanned aircraft system when the damage happens during certain emergency services and the aircraft interferes with those services.

    ## 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 4.5. Unmanned Aircraft [853 - 853.5] ( Chapter 4.5 added by Stats. 2016, Ch. 834, Sec. 2. ) ## 853. A local public entity or public employee of a local public entity shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services: (a) Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services. (b) Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services. (c) Search and rescue services, including, but not limited to, air search and rescue services. (Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.)
  8. 853.1.

    ## 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 4.5. Unmanned Aircraft [853 - 853.5] ( Chapter 4.5 added by Stats. 2016, Ch. 834, Sec. 2. )

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    This section says the chapter’s immunity adds to any other immunity already available under law for local public entities and their employees.

    ## 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 4.5. Unmanned Aircraft [853 - 853.5] ( Chapter 4.5 added by Stats. 2016, Ch. 834, Sec. 2. ) ## 853.1. The immunity provided by this chapter is in addition to any other immunity provided to a local public entity or public employee of a local public entity under law. (Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.)
  9. 853.5.

    ## 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 4.5. Unmanned Aircraft [853 - 853.5] ( Chapter 4.5 added by Stats. 2016, Ch. 834, Sec. 2. )

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    This section defines “unmanned aircraft” and “unmanned aircraft system” for the chapter.

    ## 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 4.5. Unmanned Aircraft [853 - 853.5] ( Chapter 4.5 added by Stats. 2016, Ch. 834, Sec. 2. ) ## 853.5. The following definitions shall apply to this chapter: (a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (b) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. (Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.)
  10. 85300.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    Public officers and candidates generally may not spend or accept public money to seek elective office, unless the statutory dedicated-fund conditions in subdivision (b) are met.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85300. (a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office. (b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true: (1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference. (2) The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter. (Amended by Stats. 2016, Ch. 837, Sec. 2. (SB 1107) Effective January 1, 2017. Note: This section was added on June 7, 1988, by initiative Prop. 73.)
  11. 85301.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    This section limits how much money may be given to or accepted by candidates in a single election, with different caps for state, statewide, Governor, and certain county or city races.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85301. (a) A person, other than a small contributor committee or political party committee, shall not make to a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office shall not accept from a person, a contribution totaling more than three thousand dollars ($3,000) per election. (b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, shall not make to a candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office shall not accept from a person other than a small contributor committee or a political party committee, a contribution totaling more than five thousand dollars ($5,000) per election. (c) A person, other than a small contributor committee or political party committee, shall not make to a candidate for Governor, and a candidate for Governor shall not accept from any person other than a small contributor committee or political party committee, a contribution totaling more than twenty thousand dollars ($20,000) per election. (d) (1) A person shall not make to a candidate for elective county or city office, and a candidate for elective county or city office shall not accept from a person, a contribution totaling more than the amount set forth in subdivision (a) per election, as that amount is adjusted by the Commission pursuant to Section 83124. This subdivision does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (2) This subdivision shall become operative on January 1, 2021. (e) The provisions of this section do not apply to a candidate’s contributions of the candidate’s personal funds to the candidates own campaign. (Amended by Stats. 2019, Ch. 556, Sec. 4. (AB 571) Effective January 1, 2020.)
  12. 85302.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    Small contributor committees may not give more than specified per-election amounts to candidates, and the candidate recipients may not accept them.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85302. (a) A small contributor committee may not make to any candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office, other than a candidate for statewide elective office may not accept from a small contributor committee, any contribution totaling more than six thousand dollars ($6,000) per election. (b) Except to a candidate for Governor, a small contributor committee may not make to any candidate for statewide elective office and except for a candidate for Governor, a candidate for statewide elective office may not accept from a small contributor committee, any contribution totaling more than ten thousand dollars ($10,000) per election. (c) A small contributor committee may not make to any candidate for Governor, and a candidate for governor may not accept from a small contributor committee, any contribution totaling more than twenty thousand dollars ($20,000) per election. (Repealed and added by Stats. 2000, Ch. 102, Sec. 26. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, but not applicable to candidates for statewide elective office until November 6, 2002.)
  13. 85303.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    This section limits how much can be given to, or accepted by, certain committees each calendar year for state-election contributions.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85303. (a) A person may not make to any committee, other than a political party committee, and a committee other than a political party committee may not accept, any contribution totaling more than five thousand dollars ($5,000) per calendar year for the purpose of making contributions to candidates for elective state office. (b) A person may not make to any political party committee, and a political party committee may not accept, any contribution totaling more than twenty-five thousand dollars ($25,000) per calendar year for the purpose of making contributions for the support or defeat of candidates for elective state office. Notwithstanding Section 85312, this limit applies to contributions made to a political party used for the purpose of making expenditures at the behest of a candidate for elective state office for communications to party members related to the candidate’s candidacy for elective state office. (c) Except as provided in Section 85310, nothing in this chapter shall limit a person’s contributions to a committee or political party committee provided the contributions are used for purposes other than making contributions to candidates for elective state office. (d) Nothing in this chapter limits a candidate for elected state office from transferring contributions received by the candidate in excess of any amount necessary to defray the candidate’s expenses for election related activities or holding office to a political party committee, provided those transferred contributions are used for purposes consistent with paragraph (4) of subdivision (b) of Section 89519. (Amended by Stats. 2001, Ch. 241, Sec. 3. Effective September 4, 2001. Pursuant to Stats. 2000, Ch. 102, Sec. 83, this section applies to candidates for statewide elective office on and after November 6, 2002. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  14. 85304.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    This section lets certain state candidates and elected officers set up a separate legal-defense account, receive uncapped contributions to it, and requires reporting and restricted use of the funds.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85304. (a) A candidate for elective state office or an elected state officer may establish a separate account to defray attorney’s fees and other related legal costs incurred for the candidate’s or officer’s legal defense if the candidate or officer is subject to one or more civil or criminal proceedings or administrative proceedings arising directly out of the conduct of an election campaign, the electoral process, or the performance of the officer’s governmental activities and duties. These funds may be used only to defray those attorney fees and other related legal costs. (b) A candidate may receive contributions to this account that are not subject to the contribution limits set forth in this article. However, all contributions shall be reported in a manner prescribed by the commission. (c) Once the legal dispute is resolved, the candidate shall dispose of any funds remaining after all expenses associated with the dispute are discharged for one or more of the purposes set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 89519. (d) (1) Funds in the account created pursuant to subdivision (a) shall not be used to pay or reimburse the candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses funds in that account for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the account for all funds used in connection with those other legal costs and expenses. (2) For the purpose of this subdivision, “sexual assault” and “sexual abuse” have the same meaning as in Section 11165.1 of the Penal Code and “sexual harassment” has the same meaning as in subdivision (j) of Section 12940 of the Government Code. (e) (1) For purposes of this section and Section 85304.5, “attorney’s fees and other related legal costs” includes only the following: (A) Attorney’s fees and other legal costs related to the defense of the candidate or officer. (B) Administrative costs directly related to compliance with the requirements of this title. (2) “Attorney’s fees and other related legal costs” does not include expenses for fundraising, media or political consulting fees, mass mailing or other advertising, or, except as expressly authorized by subdivision (c) of Section 89513, a payment or reimbursement for a fine, penalty, judgment or settlement, or a payment to return or disgorge contributions made to any other committee controlled by the candidate or officer. (Amended by Stats. 2019, Ch. 564, Sec. 1. (SB 71) Effective January 1, 2020. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  15. 85304.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    Certain candidates and elected officers may set up a separate legal-defense account, but they can use it only for attorney’s fees and related legal costs, and some payments from it are forbidden.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85304.5. (a) A candidate for elective office other than an elective state office or an elected officer other than an elected state officer may establish a separate account pursuant to subdivision (a) of Section 85304 and may use these funds only to defray attorney’s fees and other related legal costs. (b) A candidate for an elective office other than an elective state office may receive contributions to the separate account subject to any limitations provided by local ordinance. However, all contributions to these separate accounts shall be reported in a manner prescribed by the commission. (c) Once the legal dispute is resolved, the candidate or elected officer shall dispose of any funds remaining in the separate accounts after all expenses associated with the dispute are discharged for one or more of the purposes set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 89519. (d) (1) Funds in the account created pursuant to subdivision (a) shall not be used to pay or reimburse the candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses funds in that account for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the account for all funds used in connection with those other legal costs and expenses. (2) For the purpose of this subdivision, “sexual assault” and “sexual abuse” have the same meaning as in Section 11165.1 of the Penal Code and “sexual harassment” has the same meaning as in subdivision (j) of Section 12940 of the Government Code. (e) For purposes of this section, “attorney’s fees and other related legal costs” has the same meaning as in Section 85304. (Amended by Stats. 2019, Ch. 564, Sec. 2. (SB 71) Effective January 1, 2020.)
  16. 85305.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Certain candidates and candidate-controlled committees must not make contributions to other candidates above the Section 85301(a) limits.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85305. (a) A candidate for elective state, county, or city office or committee controlled by that candidate shall not make a contribution to any other candidate for elective state, county, or city office in excess of the limits set forth in subdivision (a) of Section 85301. This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (b) This section shall become operative on January 1, 2021. (Repealed (in Sec. 5) and added by Stats. 2019, Ch. 556, Sec. 6. (AB 571) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
  17. 85306.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    A candidate may move campaign funds between controlled committees for the same candidate, but transferred contributions must be attributed and may not exceed contribution limits in Sections 85301 or 85302 unless an exception applies.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85306. (a) A candidate may transfer campaign funds from one controlled committee to a controlled committee for elective state, county, or city office of the same candidate. Contributions transferred shall be attributed to specific contributors using a “last in, first out” or “first in, first out” accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in Section 85301 or 85302. (b) Notwithstanding subdivision (a), a candidate for elective state office, other than a candidate for statewide elective office, who possesses campaign funds on January 1, 2001, may use those funds to seek elective office without attributing the funds to specific contributors. (c) Notwithstanding subdivision (a), a candidate for statewide elective office who possesses campaign funds on November 6, 2002, may use those funds to seek elective office without attributing the funds to specific contributors. (d) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (e) This section shall become operative on January 1, 2021. (Repealed (in Sec. 7) and added by Stats. 2019, Ch. 556, Sec. 8. (AB 571) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
  18. 85308.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Husband and wife contributions may not be combined, and a contribution made by a child under 18 is presumed to come from the child’s parent or guardian.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85308. (a) Contributions made by a husband and wife may not be aggregated. (b) A contribution made by a child under 18 years of age is presumed to be a contribution from the parent or guardian of the child. (Repealed and added by Stats. 2000, Ch. 102, Sec. 43. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, but not applicable to candidates for statewide elective office until November 6, 2002.)
  19. 85309.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Certain candidates and ballot-measure committees must file online or electronic contribution reports with the Secretary of State when they receive large contributions.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85309. (a) In addition to any other report required by this title, a candidate for elective state office who is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of one thousand dollars ($1,000) or more received during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 24 hours of receipt of the contribution. (b) In addition to any other report required by this title, any committee primarily formed to support or oppose one or more state ballot measures that is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of one thousand dollars ($1,000) or more received during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 24 hours of receipt of the contribution. (c) In addition to any other report required by this title, a candidate for elective state office who is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of five thousand dollars ($5,000) or more received at any time other than during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 10 business days of receipt of the contribution. (d) In addition to any other report required by this title, a committee primarily formed to support or oppose a state ballot measure that is required to file reports pursuant to Section 84605 shall file online or electronically with the Secretary of State a report disclosing receipt of a contribution of five thousand dollars ($5,000) or more received at any time other than during an election cycle. Those reports shall disclose the same information required by subdivision (a) of Section 84203 and shall be filed within 10 business days of receipt of the contribution. (Amended by Stats. 2001, Ch. 241, Sec. 5. Effective September 4, 2001. Pursuant to Stats. 2000, Ch. 102, Sec. 83 (as amended by Sec. 18 of Ch. 241), subdivision (b) applies to candidates for statewide elective office on and after November 6, 2002. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  20. 85310.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Certain large payments for candidate-related communications must be reported to the Secretary of State, and the report must be filed within 48 hours.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85310. (a) Any person who makes a payment or a promise of payment totaling fifty thousand dollars ($50,000) or more for a communication that clearly identifies a candidate for elective state office, but does not expressly advocate the election or defeat of the candidate, and that is disseminated, broadcast, or otherwise published within 45 days of an election, shall file online or electronically with the Secretary of State a report disclosing the name of the person, address, occupation, and employer, and amount of the payment. The report shall be filed within 48 hours of making the payment or the promise to make the payment. (b) (1) Except as provided in paragraph (2), if any person has received a payment or a promise of a payment from other persons totaling five thousand dollars ($5,000) or more for the purpose of making a communication described in subdivision (a), the person receiving the payments shall disclose on the report the name, address, occupation and employer, and date and amount received from the person. (2) A person who receives or is promised a payment that is otherwise reportable under paragraph (1) is not required to report the payment if the person is in the business of providing goods or services and receives or is promised the payment for the purpose of providing those goods or services. (c) Any payment received by a person who makes a communication described in subdivision (a) is subject to the limits specified in subdivision (b) of Section 85303 if the communication is made at the behest of the clearly identified candidate. (Repealed and added by Stats. 2000, Ch. 102, Sec. 47. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, but not applicable to candidates for statewide elective office until November 6, 2002.)
  21. 85312.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Some political communications payments are not counted as contributions or expenditures, but certain political party payments must be reported.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85312. For purposes of this title, payments for communications to members, employees, shareholders, or families of members, employees, or shareholders of an organization for the purpose of supporting or opposing a candidate or a ballot measure are not contributions or expenditures, provided those payments are not made for general public advertising such as broadcasting, billboards, and newspaper advertisements. However, payments made by a political party for communications to a member who is registered as expressing a preference for that party on that member’s affidavit of registration pursuant to Sections 2150, 2151, and 2152 of the Elections Code that would otherwise qualify as contributions or expenditures shall be reported in accordance with Article 2 (commencing with Section 84200) of Chapter 4, and Chapter 4.6 (commencing with Section 84600), of this title. (Amended by Stats. 2021, Ch. 50, Sec. 173. (AB 378) Effective January 1, 2022. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  22. 85314.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    This section says the chapter’s contribution limits apply to special elections and special runoff elections.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85314. The contribution limits of this chapter apply to special elections and apply to special runoff elections. A special election and a special runoff election are separate elections for purposes of the contribution and voluntary expenditure limits set forth in this chapter. (Added by Stats. 2000, Ch. 102, Sec. 53. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, but not applicable to candidates for statewide elective office until November 6, 2002.)
  23. 85315.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    An elected state, county, or city officer may form a committee and accept contributions to oppose a recall measure, and the usual campaign contribution and voluntary expenditure limits do not apply for that purpose.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85315. (a) Notwithstanding any other provision of this chapter, an elected state, county, or city officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state, county, or city officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state, county, or city officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election. (b) After the failure of a recall petition or after the recall election, the committee formed by the elected state, county, or city officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519. (c) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (d) This section shall become operative on January 1, 2021. (Repealed (in Sec. 11) and added by Stats. 2019, Ch. 556, Sec. 12. (AB 571) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
  24. 85316.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    This section limits post-election contributions and sets special rules for elected state officers, including deposit, use, and yearly caps.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85316. (a) Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state, county, or city office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election. (b) Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision. (1) A person shall not make, and an elected state officer shall not receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year: (A) Three thousand dollars ($3,000) in the case of an elected state officer of the Assembly or Senate. (B) Five thousand dollars ($5,000) in the case of a statewide elected state officer other than the Governor. (C) Twenty thousand dollars ($20,000) in the case of the Governor. (2) An elected state officer shall not receive contributions pursuant to paragraph (1) that, in the aggregate, total more than the following amounts per calendar year: (A) Fifty thousand dollars ($50,000) in the case of an elected state officer of the Assembly or Senate. (B) One hundred thousand dollars ($100,000) in the case of a statewide elected state officer other than the Governor. (C) Two hundred thousand dollars ($200,000) in the case of the Governor. (3) Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that the candidate may seek during the term of office to which the candidate is currently elected, including, but not limited to, reelection to the office the candidate currently holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. The expenditures made by elected state officers pursuant to this subdivision shall not be subject to the voluntary expenditure limitations in Section 85400. (4) The Commission shall adjust the calendar year contribution limitations and aggregate contribution limitations set forth in this subdivision in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest one hundred dollars ($100). (c) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (d) This section shall become operative on January 1, 2021. (Repealed (in Sec. 13) and added by Stats. 2019, Ch. 556, Sec. 14. (AB 571) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
  25. 85317.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    A candidate for state, county, or city office may carry over certain campaign contributions or funds to later elections for the same office, with attribution rules in some cases.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85317. (a) Notwithstanding subdivision (a) of Section 85306, a candidate for elective state, county, or city office may carry over contributions raised in connection with one election for elective state, county, or city office to pay campaign expenditures incurred in connection with any subsequent election for the same elective state, county, or city office. (b) If a candidate receives a majority of the votes cast for an office at a primary election, so that the candidate is elected to the office without advancing to the general election, both of the following apply: (1) The remaining campaign funds raised for the primary election may be carried over to a committee for any subsequent election to the same office without attributing funds to specific contributors. (2) Funds raised for the general election may be transferred to a committee for any subsequent election, but shall be attributed to specific contributors as provided in Section 85306. (c) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (Amended by Stats. 2024, Ch. 125, Sec. 1. (SB 948) Effective January 1, 2025.)
  26. 85318.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    Candidates for elective state, county, or city office may raise and manage certain campaign funds before the election, must refund those funds if they lose or withdraw, and may in some cases transfer or keep separate campaign accounts.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85318. (a) (1) A candidate for elective state, county, or city office may raise contributions for a general election before the primary election, and for a special general election before a special primary election, for the same elective state, county, or city office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state, county, or city office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. (2) A candidate whose name has not been listed on the ballot at a primary election or special primary election, and who has not qualified to have write-in votes cast on their behalf counted by elections officials for nomination or election to an elective office at a primary election or special primary election is not “defeated in the primary election or special primary election” and does not “otherwise withdraw from the general election or special general election” for the purposes of paragraph (1), and shall not be required to refund contributions pursuant to that paragraph. A candidate whose name has not been listed on the ballot at a primary election or special primary election, and who has not qualified to have write-in votes cast on their behalf counted by elections officials for nomination or election to an elective office at a primary election or special primary election, may transfer funds to a committee established for the same or a different office subject to the attribution rules provided by subdivision (a) of Section 85306. (3) Notwithstanding Section 85201, candidates for elective state, county, or city office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections. (b) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5. (Amended by Stats. 2025, Ch. 249, Sec. 6. (AB 1511) Effective January 1, 2026.)
  27. 85319.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    A candidate for state elective office may return all or part of a contribution to the donor, except when the contribution was made by the candidate to the candidate’s own controlled committee.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85319. A candidate for state elective office may return all or part of any contribution to the donor who made the contribution at any time, whether or not other contributions are returned, except a contribution that the candidate for state elective office made to that candidate’s own controlled committee. (Amended by Stats. 2021, Ch. 50, Sec. 174. (AB 378) Effective January 1, 2022. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  28. 85319.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

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    A committee that receives an over-limit contribution may return or attribute the excess if it follows the section’s conditions; in some cases it must inform the contributor and must not use or improperly deposit the contribution first.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85319.5. (a) Notwithstanding any other law, a committee that receives a contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion of the contribution that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met: (1) The amount in excess of the contribution is returned or attributed within 14 days of receiving the contribution. (2) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit. (3) The committee does not make use of the contribution prior to returning or attributing it. (b) Notwithstanding paragraph (2) of subdivision (a) or any other law, a committee that receives a monetary contribution, or a portion thereof, that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316, and that deposits or allows deposit of the contribution with actual knowledge that the contribution exceeds the applicable limit, may return the contribution, or a portion thereof, that exceeds the limit, or may attribute the portion that exceeds the limit to another election in accordance with subdivision (d), without violating the applicable contribution limit, provided that the following conditions are met: (1) The amount in excess of the contribution limit is returned or attributed within 72 hours of receipt, or is returned or attributed on or before the date of the election, whichever is sooner. (2) The committee does not make use of the contribution prior to returning or attributing it. (3) The committee does not deposit or allow deposit of the contribution with actual knowledge that the contribution is more than two times the applicable limit. (c) By or before the applicable deadline for returning or attributing the contribution, or excess portion thereof, in subdivision (a) or (b), a committee that receives a contribution that exceeds a contribution limit set forth in Section 85301, 85302, 85303, or 85316 shall inform the contributor that their contribution was in excess of the applicable limit. If the contribution was attributed pursuant to paragraph (2) of subdivision (d), the committee shall also inform the contributor that the contribution was attributed and that the contributor may request a refund. (d) (1) A committee may, in accordance with any regulations adopted by the commission, request that the contributor attribute in writing a contribution to a different election. (2) A committee may, in accordance with any regulations adopted by the commission, automatically attribute the portion of a contribution that is in excess of the applicable limit between the primary and general elections. (e) For the purposes of this section, a committee makes use of a monetary contribution if, after receiving the contribution, it makes expenditures exceeding what the committee’s available cash balance would have been if the committee had not received the contribution and any other contributions that exceed the applicable contribution limit. (f) For purposes of this section, a committee attributes a contribution when the committee designates the portion of the contribution in excess of the applicable limit to another election. (Added by Stats. 2022, Ch. 816, Sec. 1. (SB 794) Effective January 1, 2023.)
  29. 85320.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Foreign governments, foreign principals, and foreign nationals may not make certain election-related contributions or expenditures, and people or committees may not solicit or accept such contributions.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85320. (a) A foreign government, foreign principal, or foreign national shall not make, directly or through any other person, a contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, any state or local ballot measure or in connection with the election of a candidate to state or local office. (b) A person or a committee shall not solicit or accept a contribution from a foreign government, foreign principal, or foreign national in connection with the qualification or support of, or opposition to, any state or local ballot measure or in connection with the election of a candidate to state or local office. (c) For the purposes of this section, the following terms have the following meanings: (1) (A) “Foreign national” means a person who is not a citizen of the United States and who is not a lawfully admitted permanent resident. (B) “Foreign national” does not include a person who has been granted deferred action, and whose deferred action has not expired, under the federal Deferred Action for Childhood Arrivals (DACA) program, as described in guidelines issued by the United States Department of Homeland Security. (2) “Foreign principal” includes any of the following: (A) A foreign political party. (B) A person outside the United States, unless either of the following is established: (i) The person is an individual and a citizen of the United States. (ii) The person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States. (C) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (D) A domestic subsidiary of a foreign corporation if the decision to contribute or expend funds is made by an officer, director, or management employee of the foreign corporation who is neither a citizen of the United States nor a lawfully admitted permanent resident of the United States. (d) This section shall not prohibit a contribution, expenditure, or independent expenditure made by a lawfully admitted permanent resident. (e) Any person who violates this section shall be guilty of a misdemeanor and shall be fined an amount equal to the amount contributed or expended. (Amended by Stats. 2025, Ch. 170, Sec. 2. (AB 953) Effective January 1, 2026. Note: Stats. 2000, Ch. 102, Sec. 83 (as amended by Stats. 2001, Ch. 241) makes most provisions of Article 3 inapplicable to candidates for statewide elective office until November 6, 2002.)
  30. 85321.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. )

    Verify source ↗

    Some contributions for a candidate or the candidate’s controlled committee are exempt from the chapter’s contribution limits if the candidate or committee had net debts from an election held before January 1, 2001.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 3. Contribution Limitations [85300 - 85321] ( Article 3 added June 7, 1988, by initiative Proposition 73. ) ## 85321. Notwithstanding any other provision of this chapter, if a candidate for elective state office or the candidate’s controlled committee had net debts resulting from an election held prior to January 1, 2001, contributions to that candidate or committee for that election are not subject to the limits of Sections 85301 and 85302. (Added by Stats. 2001, Ch. 241, Sec. 10. Effective September 4, 2001. Note: Stats. 2000, Ch. 102, Sec. 83 (as amended by Sec. 18 of Ch. 241) makes most provisions of Article 3 inapplicable to candidates for statewide elective office until November 6, 2002.)
  31. 854.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This chapter defines “medical facility” to include hospitals, infirmaries, clinics, dispensaries, mental institutions, and similar facilities, unless the context requires otherwise.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854. As used in this chapter, unless the context otherwise requires, “medical facility” includes a hospital, infirmary, clinic, dispensary, mental institution, or similar facility. (Added by Stats. 1963, Ch. 1681.)
  32. 854.1.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section states the Legislature’s intent to keep care continuous for people with developmental disabilities moving from developmental centers to the community, and defines “developmental services facility” for this chapter.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854.1. (a) It is the intent of the Legislature to ensure continuity of care for individuals with developmental disabilities transitioning from a developmental center to the community and to prevent the unnecessary institutionalization and hospitalization of these individuals. (b) In the effort to achieve these goals, it is the intent of the Legislature to seek and implement recommendations that include all of the following services to retain developmental center staff as employees: (1) Crisis management teams that provide behavioral, medical, and dental treatment, training, and technical assistance. (2) Specialized services, including adaptive equipment design and fabrication, and medical, dental, psychological, and assessment services. (3) Staff support in community homes to assist individuals with behavioral or psychiatric needs. (c) As used in this chapter, the terms “mental institution” or “medical facility” also include a developmental services facility. For the purposes of this chapter “developmental services facility” means any facility or place where a public employee provides services and supports to individuals transitioning from a developmental center to the community or to individuals with developmental disabilities at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital. (Amended by Stats. 2014, Ch. 30, Sec. 1. (SB 856) Effective June 20, 2014.)
  33. 854.2.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section defines “mental institution” for this chapter.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854.2. As used in this chapter, “mental institution” means a state hospital for the care and treatment of persons with mental health disorders or intellectual disabilities, the California Rehabilitation Center referred to in Section 3300 of the Welfare and Institutions Code, or a county psychiatric hospital. (Amended by Stats. 2014, Ch. 144, Sec. 15. (AB 1847) Effective January 1, 2015.)
  34. 854.3.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section defines “county psychiatric hospital” for this chapter.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854.3. As used in this chapter, “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100 of the Welfare and Institutions Code. (Added by Stats. 1970, Ch. 1099.)
  35. 854.4.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section defines “mental illness or addiction” for this chapter.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854.4. As used in this chapter, “mental illness or addiction” means any condition for which a person may be detained, cared for, or treated in a mental institution, in a facility designated by a county pursuant to Chapter 2 (commencing with Section 5150) of Part 1 of Division 5 of the Welfare and Institutions Code, or in a similar facility. (Amended by Stats. 1970, Ch. 1099.)
  36. 854.5.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    In this chapter, “confine” includes admitting, committing, placing, detaining, or holding a person in custody.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854.5. As used in this chapter, “confine” includes admit, commit, place, detain, or hold in custody. (Added by Stats. 1970, Ch. 1099.)
  37. 854.8.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public entity is generally not liable for certain injuries involving mental institutions, but it may still have liability in some cross-referenced cases and must pay some malpractice judgments and settlements.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 854.8. (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 855, and 855.2, a public entity is not liable for: (1) An injury proximately caused by a patient of a mental institution. (2) An injury to an inpatient of a mental institution. (b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code. (c) Except for an injury to an inpatient of a mental institution, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part. (d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of his employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed. (Amended by Stats. 1970, Ch. 1099.)
  38. 85401.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 4. Voluntary Expenditure Ceilings [85400 - 85403] ( Article 4 repealed and added by Stats. 2000, Ch. 102, Sec. 60. )

    Verify source ↗

    Candidates for elective state office must file an acceptance or rejection statement for voluntary spending limits when filing their statement of intention.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 4. Voluntary Expenditure Ceilings [85400 - 85403] ( Article 4 repealed and added by Stats. 2000, Ch. 102, Sec. 60. ) ## 85401. (a) Each candidate for elective state office shall file a statement of acceptance or rejection of the voluntary expenditure limits set forth in Section 85400 at the time the candidate files the statement of intention specified in Section 85200. (b) A candidate may, until the deadline for filing nomination papers set forth in Section 8020 of the Elections Code, change the candidate’s statement of acceptance or rejection of voluntary expenditure limits provided the candidate has not exceeded the voluntary expenditure limits. A candidate shall not change the candidate’s statement of acceptance or rejection of voluntary expenditure limits more than twice after the candidate’s initial filing of the statement of intention for that election and office. (c) Any candidate for elective state office who declined to accept the voluntary expenditure limits but who nevertheless does not exceed the limits in the primary, special primary, or special election, may file a statement of acceptance of the expenditure limits for a general or special runoff election within 14 days following the primary, special primary, or special election. (d) Notwithstanding Section 81004.5 or any other provision of this title, a candidate shall not change the candidate’s statement of acceptance or rejection of voluntary expenditure limits other than as provided for by this section and Section 85402. (Amended by Stats. 2021, Ch. 50, Sec. 175. (AB 378) Effective January 1, 2022. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  39. 85402.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 4. Voluntary Expenditure Ceilings [85400 - 85403] ( Article 4 repealed and added by Stats. 2000, Ch. 102, Sec. 60. )

    Verify source ↗

    A candidate who accepted voluntary expenditure limits is not bound by them if an opposing candidate uses personal funds above the Section 85400 limits. The commission must also require regulations for timely notice when candidates make personal contributions to their own campaigns.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 4. Voluntary Expenditure Ceilings [85400 - 85403] ( Article 4 repealed and added by Stats. 2000, Ch. 102, Sec. 60. ) ## 85402. (a) Any candidate for elective state office who has filed a statement accepting the voluntary expenditure limits is not bound by those limits if an opposing candidate contributes personal funds to the opposing candidate’s own campaign in excess of the limits set forth in Section 85400. (b) The commission shall require by regulation timely notification by candidates for elective state office who make personal contributions to their own campaign. (Amended by Stats. 2021, Ch. 50, Sec. 176. (AB 378) Effective January 1, 2022.)
  40. 85403.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 4. Voluntary Expenditure Ceilings [85400 - 85403] ( Article 4 repealed and added by Stats. 2000, Ch. 102, Sec. 60. )

    Verify source ↗

    A candidate who files a statement of acceptance and then spends over the limit is subject to remedies under two chapters of the Government Code.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 4. Voluntary Expenditure Ceilings [85400 - 85403] ( Article 4 repealed and added by Stats. 2000, Ch. 102, Sec. 60. ) ## 85403. Any candidate who files a statement of acceptance pursuant to Section 85401 and makes campaign expenditures in excess of the limits shall be subject to the remedies in Chapter 3 (commencing with Section 83100) and Chapter 11 (commencing with Section 91000). (Repealed and added by Stats. 2000, Ch. 102, Sec. 60. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, but not applicable to candidates for statewide elective office until November 6, 2002.)
  41. 8541.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 3. Powers [8541 - 8542] ( Article 3 added by Stats. 1961, Ch. 2038. )

    Verify source ↗

    The commission has broad powers to meet, hold hearings, issue subpoenas, administer oaths, hire staff, contract for services, cooperate with agencies, seek court assistance, and do other necessary 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 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 3. Powers [8541 - 8542] ( Article 3 added by Stats. 1961, Ch. 2038. ) ## 8541. In carrying out its duties and responsibilities, the commission shall have all of the following powers: (a) To meet at any time and place as it may deem proper. (b) As a body or, on the authorization of the commission, as a subcommittee composed of one or more members, to hold hearings at any time and place as it may deem proper. (c) To issue subpoenas to compel the attendance of witnesses and the production of books, records, papers, accounts, reports, and documents. (d) To administer oaths. (e) To employ, pursuant to laws and regulations governing state civil service, a secretary and any clerical, legal, and technical assistants as may appear necessary. (f) To contract with any other agencies, public or private, as it deems necessary, for the rendition and affording of any services, facilities, studies and reports to the commission as will best assist it to carry out its duties and responsibilities. (g) To cooperate with and to secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and to direct the sheriff of any county or any marshal to serve subpoenas, orders, and other process. (h) To certify to the superior court of any county in which proceedings are held, the facts concerning the disobedience or resistance, by any person, of any lawful order, or the refusal of any person to respond to a subpoena, to take the oath or affirmation as a witness, or to be examined, or the misconduct of any person during a hearing; and to receive the assistance of the court in enforcing orders and process, in the manner prescribed by Article 12 (commencing with Section 11455.10) of Chapter 4.5 of Part 1 of Division 3. (i) To cooperate with every department, agency, or instrumentality in the state government; and to secure directly from every department, agency, or instrumentality full cooperation, access to its records, and access to any information, suggestions, estimates, data, and statistics it may have available. (j) To authorize its agents and employees to absent themselves from the state where necessary for the performance of their duties. (k) To do any and all other things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the powers expressly granted it, notwithstanding any authority expressly granted to any officer or employee of the executive branch of state government. (Amended by Stats. 1995, Ch. 938, Sec. 11. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  42. 8542.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 3. Powers [8541 - 8542] ( Article 3 added by Stats. 1961, Ch. 2038. )

    Verify source ↗

    The commission must review Bureau of State Audits reports, oversee the bureau’s compliance with specified sections, and review the annual audit of the State Audit Fund. The State Auditor must report to the commission on contracting, affirmative action, and compliance with the State Administrative Manual.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. The Milton Marks Commission on California State Government Organization and Economy [8501 - 8542] ( Heading of Chapter 6 amended by Stats. 1993, Ch. 12, Sec. 3. ) ## ARTICLE 3. Powers [8541 - 8542] ( Article 3 added by Stats. 1961, Ch. 2038. ) ## 8542. With respect to the Bureau of State Audits, the commission shall do all of the following: (a) Review reports completed by the bureau and make recommendations to the Legislature, the Governor, and the public concerning the operations of the state, its departments, subdivisions, agencies, and other public entities. (b) Oversee the activities of the bureau to ensure its compliance with subdivision (d) of Section 8544.5 and Section 8546. The State Auditor shall report to the commission on its contracting activities, its affirmative action plan, and its compliance with provisions of the State Administrative Manual. (c) Review the annual audit of the State Audit Fund. (Added by Stats. 1993, Ch. 12, Sec. 7. Effective May 7, 1993.)
  43. 8543.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor’s Office is created in state government and must be independent of executive branch and legislative 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543. (a) There is hereby created in state government the California State Auditor’s Office under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. In order to be free of organizational impairments to independence, the office shall be independent of the executive branch and legislative control. (b) Notwithstanding any other law, any reference to the “Bureau of State Audits” or “bureau,” as used in a context to refer to the Bureau of State Audits, shall be deemed to refer to the “California State Auditor’s Office,” and any reference to the “State Auditor” or “auditor,” as used in a context to refer to the “State Auditor,” shall be deemed to refer to the “California State Auditor.” (Amended by Stats. 2012, Ch. 281, Sec. 5. (SB 1395) Effective January 1, 2013.)
  44. 8543.1.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor’s Office must annually examine and report on the state executive branch’s financial statements and carry out other related statute-mandated assignments, including performance audits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.1. The duties of the California State Auditor’s Office are to examine and report annually upon the financial statements prepared by the executive branch of the state and to perform other related assignments, including performance audits, that are mandated by statute. For the purposes of this chapter “office” means the “California State Auditor’s Office,” unless the context clearly requires otherwise. (Amended by Stats. 2012, Ch. 281, Sec. 6. (SB 1395) Effective January 1, 2013.)
  45. 8543.2.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The Governor appoints the California State Auditor from a slate nominated by the Joint Legislative Audit Committee, the auditor serves a four-year term, and the committee must give at least 120 days’ notice when seeking applicants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.2. (a) The head of the office is the California State Auditor, who shall be appointed by the Governor from a list of three qualified individuals nominated by the Joint Legislative Audit Committee by a vote of at least a majority of the committee membership from each house of the Legislature. The Joint Legislative Audit Committee shall select the three qualified individuals from a pool of candidates after conducting a comprehensive search for qualified individuals. The Joint Legislative Audit Committee shall provide at least 120 days’ notice that it is seeking applicants for nomination by providing notice in the Journals of the Senate and the Assembly and by advertising in appropriate newspapers and with nationally acknowledged professional journals and associations. Names for consideration by the Joint Legislative Audit Committee may be submitted by members of the Legislature, professional organizations, individuals, and other entities. (b) The term of any individual appointed as the California State Auditor shall be four years. Any vacancy in the office of the California State Auditor shall be filled in the same manner provided by this subdivision for a full term. (c) As the head of the office, the California State Auditor may establish constituent parts of the office to carry out the powers and duties of the office unless otherwise specified by law. (d) The office has a Chief Deputy California State Auditor. (Amended by Stats. 2017, Ch. 606, Sec. 1. (AB 32) Effective January 1, 2018.)
  46. 8543.3.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor must be chosen without regard to party affiliation and must be selected for fitness to perform the office’s 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.3. The California State Auditor shall be chosen without reference to party affiliation and solely on the ground of fitness to perform the duties of the office of the California State Auditor. Prior to selection, the California State Auditor shall possess a combination of education and experience in auditing and management necessary to perform the duties of that office. (Amended by Stats. 2012, Ch. 281, Sec. 8. (SB 1395) Effective January 1, 2013.)
  47. 8543.4.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor’s Office must give its proposed budget to the Department of Finance each fiscal year, and the Department must put that budget into the Governor’s Budget without changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.4. In administering the fiscal policies of the California State Auditor’s Office, for each fiscal year, the office shall provide the Department of Finance with the office’s proposed budget and the Department of Finance shall include that proposed budget in the Governor’s Budget without modification. (Amended by Stats. 2012, Ch. 281, Sec. 9. (SB 1395) Effective January 1, 2013.)
  48. 8543.5.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor must appoint the Chief Deputy California State Auditor. The Chief Deputy must carry out duties assigned by the State Auditor and act for the State Auditor when needed. An incumbent Chief Deputy’s tenure ends when a new State Auditor is appointed, but the incumbent may be reappointed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.5. The Chief Deputy California State Auditor shall be appointed by the California State Auditor. The Chief Deputy California State Auditor shall carry out those duties prescribed by the California State Auditor and shall act for the California State Auditor when the California State Auditor is absent or unable to serve or when the office of the California State Auditor is vacant. The tenure of any incumbent Chief Deputy California State Auditor shall expire on any date that an individual is appointed California State Auditor, but any incumbent Chief Deputy California State Auditor may be reappointed pursuant to this section. (Amended by Stats. 2012, Ch. 281, Sec. 10. (SB 1395) Effective January 1, 2013.)
  49. 8543.6.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The Legislature may remove the California State Auditor for cause by concurrent resolution, and a removed Auditor cannot be reappointed to that office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.6. The California State Auditor may be removed for cause at any time by concurrent resolution of the Legislature. A California State Auditor removed pursuant to this section may not be reappointed to that office. (Amended by Stats. 2012, Ch. 281, Sec. 11. (SB 1395) Effective January 1, 2013.)
  50. 8543.7.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor is entitled to a salary equal to agency secretaries and to reimbursement of actual expenses incurred in performing 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8543.7. (a) The annual salary for the California State Auditor shall be equal to that of agency secretaries of the executive branch of government pursuant to Section 11550. (b) The California State Auditor shall be repaid all actual expenses incurred or paid by him or her in the discharge of his or her duties. (Amended by Stats. 2012, Ch. 281, Sec. 12. (SB 1395) Effective January 1, 2013.)
  51. 8544.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor may hire staff and set their compensation, and must consider prevailing wage rates when fixing employee pay.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544. (a) Consistent with subdivision (i) of Section 8546, the California State Auditor may employ and fix the compensation, in accordance with Article VII of the California Constitution, of those professional assistants and technical, clerical, deputy state auditors, and other officers and employees as he or she deems necessary for the effective conduct of the work under his or her charge. (b) In establishing and adjusting classes of positions, and establishing and adjusting salary ranges for each class of position, to provide for the continued ability to attract and maintain qualified individuals within the California State Auditor’s Office, consideration shall be given to the fact that the level of education, experience, knowledge, and ability required of the employees in the office is generally higher than that of state service generally, due to the unique duties and responsibilities imposed on the office and the relatively small number of employees. (c) When fixing compensation for employees, the California State Auditor shall consider prevailing rates for comparable service in other public employment and private business. (Amended by Stats. 2012, Ch. 281, Sec. 13. (SB 1395) Effective January 1, 2013.)
  52. 8544.1.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor must collect fingerprint information from certain prospective employees and, in covered contracts, require contractors to allow fingerprint collection from covered personnel; the Auditor must also send the fingerprints to the Department of Justice, which must return a response.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544.1. (a) (1) The California State Auditor shall require fingerprint images and related information from a prospective employee whose duties include or would include access to any of the following: (A) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2. (B) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)). (C) Access to cash, checks, or other accountable items. (2) Any services contract that is entered into, renewed, or amended on or after January 1, 2024, by the State Auditor shall include a provision requiring the contractor to permit the State Auditor to require fingerprint images and related information from the contractor and the contractor’s employees and subcontractors, whose duties include, or would include, access to the records, documents, information, or items specified in paragraph (1) pursuant to the contract, in order for the State Auditor to request criminal background checks on those individuals pursuant to subdivision (b). (b) The California State Auditor shall submit to the Department of Justice fingerprint images of a prospective employee or contractor, or a contractor’s employee or subcontractor, that the California State Auditor obtains pursuant to subdivision (a), and related information required by the Department of Justice, for purposes of a state and federal level criminal history background check in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state or federal response, or both if applicable, to the California State Auditor pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The California State Auditor may investigate the criminal history of the following individuals to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items specified in paragraph (1) of subdivision (a): (1) A prospective employee. (2) A prospective contractor and the contractor’s employees and subcontractors. (Added by Stats. 2023, Ch. 94, Sec. 1. (AB 956) Effective January 1, 2024.)
  53. 8544.2.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    People employed by the office under Section 8544.1 are allowed to enroll in the Public Employees’ Medical and Hospital Care 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544.2. Persons employed by the office pursuant to Section 8544.1 shall be allowed to enroll in the Public Employees’ Medical and Hospital Care Act contained in Part 5 (commencing with Section 22751) of Division 5 of Title 2. (Amended by Stats. 2012, Ch. 281, Sec. 14. (SB 1395) Effective January 1, 2013.)
  54. 8544.3.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    Certain employees must keep their existing retirement classification and are treated as state miscellaneous members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544.3. All persons employed by the office pursuant to Section 8544.1 who were members of the Public Employees’ Retirement System as of November 3, 1992, shall retain their existing classification within the system and shall be considered state miscellaneous members as defined in Section 20014. (Amended by Stats. 2012, Ch. 281, Sec. 15. (SB 1395) Effective January 1, 2013.)
  55. 8544.4.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    The California State Auditor’s permanent office must be in Sacramento or within two miles of the State Capitol, and the office must have suitable and sufficient space.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544.4. The permanent office of the California State Auditor shall be in Sacramento or within a two-mile radius of the State Capitol Building, where they shall be provided with suitable and sufficient offices. When in the California State Auditor’s judgment the conduct of the work requires, they may maintain offices at other places in the state. (Amended by Stats. 2025, Ch. 91, Sec. 1. (SB 428) Effective January 1, 2026.)
  56. 8544.5.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    This section creates the State Audit Fund, allows it to be continuously appropriated for the California State Auditor’s expenses, and sets out how audits and reimbursements are funded and handled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544.5. (a) There is hereby established in the State Treasury the State Audit Fund. Notwithstanding Section 13340, the State Audit Fund is continuously appropriated for the expenses of the California State Auditor. There shall be appropriated annually in the Budget Act to the State Audit Fund, from the General Fund and the Central Service Cost Recovery Fund, the amount necessary to reimburse the State Audit Fund for the cost of audits and any other duties to be performed that are not directly reimbursed under subdivision (c), including for the cost of any other duties imposed on the office by statute. “Cost of audits or any other duties” means all direct and indirect costs of conducting the audits or other duties, and any other expenses incurred by the California State Auditor in fulfilling his or her statutory responsibilities. (b) With regard to the funds appropriated pursuant to subdivision (a), upon certification by the California State Auditor of estimated costs on a monthly basis, the Controller shall transfer the amount thus certified from the General Fund or the Central Service Cost Recovery Fund, as applicable, to the State Audit Fund. The Controller shall thereafter issue warrants drawn against the State Audit Fund upon receipt of claims certified by the California State Auditor. (c) To ensure appropriate reimbursement from federal and special funds for the costs of the duties performed pursuant to Section 8546.3, the California State Auditor may directly bill state agencies for the costs incurred, subject to the approval of the Director of Finance. (d) To ensure adequate oversight of the operations of the office, the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy shall annually obtain the services of an independent public accountant to audit the State Audit Fund and the operation of the office to ensure compliance with state law, including Section 8546. The results of this audit shall be submitted to the commission and shall be a public record. (e) To ensure that audits of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy are conducted in conformity with government auditing standards, any audit of the commission that is required or permitted by law shall be conducted by the independent public accountant selected pursuant to subdivision (d). (Amended by Stats. 2012, Ch. 281, Sec. 17. (SB 1395) Effective January 1, 2013.)
  57. 8544.6.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

    Verify source ↗

    Unreimbursed expenditures of the office are treated as administrative costs under Section 11270.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8544.6. All unreimbursed expenditures of the office are defined as “administrative costs” defined in Section 11270. (Amended by Stats. 2012, Ch. 281, Sec. 18. (SB 1395) Effective January 1, 2013.)
  58. 8545.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor must keep completed-audit support papers for at least three years after the audit report is released, and must not release certain listed records to the 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545. The California State Auditor shall not destroy any papers or memoranda used to support a completed audit sooner than three years after the audit report is released to the public. All books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 and shall be filed at any of the regularly maintained offices of the California State Auditor, except that none of the following items or papers of which these items are a part shall be released to the public by the California State Auditor, employees of the California State Auditor, or members of the commission: (a) Personal papers and correspondence of any person providing assistance to the California State Auditor when that person has requested in writing that the person’s papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn or upon the order of the California State Auditor. (b) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed. (c) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit. (d) Any survey of public employees that the California State Auditor determines should be kept confidential because the employees have expressed fear of retaliation by their employer if they respond to the survey. (e) In accordance with Section 8545.1 and subdivision (b) of Section 8545.2, any paper, correspondence, record, document, or information the disclosure of which is restricted from release to the public by a statutory or constitutional provision, a rule that is consistent with a provision of that type, or a rule adopted pursuant to subdivision (i) of Section 18 of Article VI of the California Constitution. (Amended by Stats. 2021, Ch. 615, Sec. 151. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  59. 8545.1.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor and related employees, contractors, and certain related agency personnel must not disclose protected records, documents, or information except 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545.1. (a) The California State Auditor, and any employee or former employee of the office, shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition includes, but is not limited to, the restrictions on the release of records, documents, or information set forth in Section 8545. (b) Subdivision (a) also applies to either of the following: (1) Any person or business entity that is contracting with or has contracted with the office and to the employees and former employees of that person or business entity. (2) The officers and employees of and any person or business entity that is contracting with or has contracted with any state or local governmental agency or publicly created entity that has assisted the office in the course of any audit or investigation or that has received a draft copy of any report or other draft document from the office for comment or review. (c) Any officer, employee, or person who discloses the particulars of any record, document, or other information in violation of this section is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 281, Sec. 20. (SB 1395) Effective January 1, 2013.)
  60. 8545.2.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor may access, examine, and reproduce specified records and property during regular business hours for audits or investigations, and custodians must allow that access when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545.2. (a) Notwithstanding any other provision of law, the California State Auditor during regular business hours shall have access to and authority to examine and reproduce, any and all books, accounts, reports, vouchers, correspondence files, and all other records, bank accounts, and money or other property, of any agency of the state, including a commission, whether created by the California Constitution or otherwise, any local governmental entity, including any city, county, and school or special district, and any publicly created entity, for any audit or investigation. Any officer or employee of any agency or entity having these records or property in his or her possession, under his or her control, or otherwise having access to them, shall permit access to, and examination and reproduction thereof, upon the request of the California State Auditor or his or her authorized representative. (b) For the purposes of access to and examination and reproduction of the records and property described in subdivision (a), an authorized representative of the California State Auditor is an employee or officer of the state or local governmental agency or publicly created entity involved and is subject to any limitations on release of the information as may apply to an employee or officer of the state or local governmental agency or publicly created entity. For the purpose of conducting any audit or investigation, the California State Auditor or his or her authorized representative shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity being audited or investigated to the same extent that employees or officers of that agency or public entity have access. No provision of law providing for the confidentiality of any records or property shall prevent disclosure pursuant to subdivision (a), unless the provision specifically refers to and precludes access and examination and reproduction pursuant to subdivision (a). Providing confidential information to the California State Auditor pursuant to this section, including, but not limited to, confidential information that is subject to a privilege, shall not constitute a waiver of that privilege. This subdivision does not apply to records compiled pursuant to Part 1 (commencing with Section 8900) or Part 2 (commencing with Section 10200) of Division 2. (c) Any officer or person who fails or refuses to permit access and examination and reproduction, as required by this section, is guilty of a misdemeanor. (d) For purposes of this section “confidentiality of records or property” means that the record or property may lawfully be kept confidential as a result of a statutory or common law privilege or any other provision of law. (Amended by Stats. 2017, Ch. 406, Sec. 1. (AB 562) Effective January 1, 2018.)
  61. 8545.3.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor and its employees must not release certain protected information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545.3. It is a misdemeanor for the California State Auditor or any employee of the California State Auditor to release any information received pursuant to Section 10850 of the Welfare and Institutions Code or that is otherwise prohibited by law to be disclosed. (Amended by Stats. 2012, Ch. 281, Sec. 22. (SB 1395) Effective January 1, 2013.)
  62. 8545.4.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor, or a designee, may administer oaths, certify official acts, and issue subpoenas when conducting an audit or investigation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545.4. (a) In connection with any audit or investigation conducted by the California State Auditor, the California State Auditor, or his or her designee, may do any of the following: (1) Administer oaths. (2) Certify to all official acts. (3) Issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, or documents, or for the making of oral or written sworn statements, in any interview conducted as part of an audit or investigation. (b) Any subpoena issued under this section extends as process to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the California State Auditor or his or her designee. The person serving this process may receive compensation as allowed by the California State Auditor or his or her designee, not to exceed the fees prescribed by law for similar service. (c) Notwithstanding Section 7470, 7474, or 7491, subpoenas issued under this section for financial records of financial institutions concerning customers of financial institutions or for information contained in those records shall not be subject to the requirement or conditions of Section 7474. (Amended by Stats. 2012, Ch. 281, Sec. 23. (SB 1395) Effective January 1, 2013.)
  63. 8545.5.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor can ask the superior court to enforce subpoenas, and the court can order witnesses to appear, answer under oath, or produce papers; failure to comply can be treated as contempt.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545.5. (a) The superior court in the county in which any interview is held under the direction of the California State Auditor or his or her designee has jurisdiction to compel the attendance of witnesses, the making of oral or written sworn statements, and the production of papers, books, accounts, and documents, as required by any subpoena issued by the California State Auditor or his or her designee. (b) If any witness refuses to attend or testify or produce any papers required by the subpoena, the California State Auditor or his or her designee may petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and answer questions under penalty of perjury or produce the papers required by the subpoena before the person named in the subpoena. The petition shall set forth all of the following: (1) That due notice of the time and place of attendance of the person or the production of the papers has been given. (2) That the person has been subpoenaed in the manner prescribed in Section 8545.4. (3) That the person has failed and refused to attend or produce the papers required by subpoena before the California State Auditor or his or her designee as named in the subpoena, or has refused to answer questions propounded to him or her in the course of the interview under penalty of perjury. (c) Upon the filing of the petition, the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why he or she has not attended, answered questions under penalty of perjury, or produced the papers as required. A copy of the order shall be served upon him or her. If it appears to the court that the subpoena was regularly issued by the California State Auditor or his or her designee, the court shall enter an order that the person appear before the person named in the subpoena at the time and place fixed in the order and answer questions under penalty of perjury or produce the required papers. Upon failure to obey the order, the person shall be dealt with as for contempt of court. (Amended by Stats. 2012, Ch. 281, Sec. 24. (SB 1395) Effective January 1, 2013.)
  64. 8545.6.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. )

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    A person who intentionally obstructs the California State Auditor while the auditor is performing covered audit duties can be fined up to $5,000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 1. General Provisions [8543 - 8545.6] ( Article 1 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8545.6. Any officer, employee, or person who, with intent to deceive or defraud, commits obstruction of the California State Auditor in the performance of his or her official duties relating to an audit required by statute or requested by the Joint Legislative Audit Committee shall be subject to a fine not to exceed five thousand dollars ($5,000). (Added by Stats. 2017, Ch. 406, Sec. 2. (AB 562) Effective January 1, 2018.)
  65. 8546.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor’s Office has broad independence and specific duties on staffing, payroll, contracting, regulations, 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546. It is the intent of the Legislature that the California State Auditor’s Office have the independence necessary to conduct all of its audits in conformity with “Government Auditing Standards” published by the Comptroller General of the United States and the standards published by the American Institute of Certified Public Accountants, free from influence of existing state control agencies that could be the subject of audits conducted by the office. Therefore, all of the following exclusions apply to the office: (a) Notwithstanding Section 19790, the California State Auditor shall establish an equal employment opportunity program that shall meet the criteria and objectives established by the State Personnel Board. The California State Auditor shall report annually to the State Personnel Board and the commission regarding the program. (b) Notwithstanding Section 12470, the California State Auditor shall be responsible for maintaining its payroll system. In lieu of audits of the uniform payroll system performed by the Controller or any other department, the office shall contract pursuant to subdivision (e) of Section 8544.5 for an annual audit of its payroll and financial operations by an independent public accountant. (c) Notwithstanding Section 13292, the California State Auditor is delegated the authority to establish and administer the fiscal and administrative policies of the office in conformity with the State Administrative Manual without oversight by the Department of Finance, the Department of Information Technology, or any other state agency. (d) Notwithstanding Section 11032, the California State Auditor may approve actual and necessary traveling expenses for travel outside the state for officers and employees of the office. (e) Notwithstanding Section 11033, the California State Auditor or officers and employees of the office may be absent from the state on business of the state upon approval of the California State Auditor or Chief Deputy California State Auditor. (f) Sections 11040, 11042, and 11043 shall not apply to the California State Auditor’s Office. The California State Auditor may employ legal counsel under those terms that he or she deems necessary to conduct the legal business of, or render legal counsel to, the California State Auditor. (g) The provisions and definitions of Article 2 (commencing with Section 11342.510) of Chapter 3.5 of Division 3 shall not be construed to include the California State Auditor’s Office. The California State Auditor may adopt regulations necessary for the operation of the office pursuant to the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3), but these regulations shall not be subject to the review or approval of the Office of Administrative Law. (h) The California State Auditor shall be exempt from all contract requirements of the Public Contract Code that require oversight, review, or approval by the Department of General Services or any other state agency. The California State Auditor may contract on behalf of the State of California for goods and services that he or she deems necessary for the furtherance of the purposes of the office. (i) (1) Subject to Article VII of the California Constitution, the California State Auditor is delegated the authority to establish and administer the personnel policies and practices of the California State Auditor’s Office in conformity with Part 2.6 (commencing with Section 19815) of Division 5 of Title 2 without oversight or approval by the Department of Human Resources. (2) At the election of the California State Auditor, officers and employees of the office may participate in benefits programs administered by the Department of Human Resources subject to the same conditions for participation that apply to civil service employees in other state agencies. For the purposes of benefits programs administration only, the California State Auditor is subject to the determinations of the department. The California State Auditor’s Office shall reimburse the Department of Human Resources for the normal administrative costs incurred by the Department of Human Resources and for any extraordinary costs resulting from the inclusion of the office employees in these state benefit programs. (Amended by Stats. 2012, Ch. 281, Sec. 25. (SB 1395) Effective January 1, 2013.)
  66. 8546.1.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor must perform certain audits, may audit specified public entities, must not audit the Legislature or the Little Hoover Commission, and must transmit audit reports promptly to listed recipients and then make them 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.1. (a) The California State Auditor shall conduct financial and performance audits as directed by statute. The California State Auditor may conduct these audits of any state agency as defined by Section 11000, whether created by the California Constitution or otherwise, any local governmental agency, including any city, county, and school or special district, or any publicly created entity. However, the California State Auditor shall not audit the activities of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy or the Legislature to ensure compliance with government auditing standards. (b) The California State Auditor shall conduct any audit of a state or local governmental agency or any other publicly created entity that is requested by the Joint Legislative Audit Committee to the extent that funding is available and pursuant to the priority established by the committee with respect to other audits requested by the committee. Members of the Legislature may submit requests for audits to the committee for its consideration and approval. Any audit request approved by the committee shall be forwarded to the California State Auditor as a committee request. (c) The California State Auditor shall complete any audit in a timely manner and pursuant to the “Government Auditing Standards” published by the Comptroller General of the United States. (d) The California State Auditor, after performing an audit pursuant to subdivision (a) or (b), may conduct additional followup audit work that is related to any findings and recommendations related to those audits. (e) Immediately upon completion of the audit, the California State Auditor shall transmit a copy of the audit report to the commission. Not later than 24 hours after delivery to the commission, the California State Auditor shall deliver the report to the Legislature, appropriate committees or subcommittees of the Legislature, and the Governor. Once transmitted to these parties, the report shall be made available to the public. (Amended by Stats. 2013, Ch. 189, Sec. 1. (AB 1218) Effective January 1, 2014.)
  67. 8546.10.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor may create a high-risk local government audit program and must give notices, updates, and audit reports 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.10. (a) The California State Auditor may establish a high-risk local government agency audit program for the purpose of identifying, auditing, and issuing reports on any local government agency, including, but not limited to, any city, county, special district, or any publicly created entity, whether created by the California Constitution or otherwise, that the California State Auditor identifies as being at high risk for the potential of waste, fraud, abuse, or mismanagement or that has major challenges associated with its economy, efficiency, or effectiveness. (b) In addition to identifying a local government agency as high risk on the basis of weaknesses identified in audit and investigative reports produced by the office, the California State Auditor may review publicly available information and consult with the Controller, Attorney General, and other state agencies that have oversight responsibilities over any local government agency, in identifying local governments that are at high risk. (c) The California State Auditor’s Office shall be responsible for the state costs associated with the high-risk local government agency audit program, shall conduct the program as funds permit, and shall only conduct the program to the extent that it does not interfere with duties related to mandated audits and requests from the Joint Legislative Audit Committee. (d) (1) The California State Auditor shall notify the Joint Legislative Audit Committee whenever he or she identifies a local government as at high risk. (2) The California State Auditor shall provide the Joint Legislative Audit Committee, at a public hearing of the committee, an annual update of all audits in progress. (3) If a local government agency has taken significant corrective measures for deficiencies identified by the California State Auditor, that agency shall be removed from the high-risk local government agency audit program. (e) Notwithstanding the requirements of Section 10231.5, if the California State Auditor establishes the program provided for in this section and the California State Auditor determines that a local government agency is at high risk, the California State Auditor shall issue audit reports at least once every three years with recommendations for improvement in the local government so identified. (f) Audits conducted pursuant to this section shall be approved by the Joint Legislative Audit Committee. (g) (1) The California State Auditor may conduct an initial assessment at a local government agency prior to conducting an audit, during which he or she may gather any publicly available information from a local government agency and any additional information, including any interviews, that the local government agency is willing to provide, for the purpose of identifying whether or not it is a high-risk local government agency. (2) Before beginning an initial assessment at a local government agency, the California State Auditor shall notify the Joint Legislative Audit Committee in writing which local government agency will be assessed. (Amended by Stats. 2018, Ch. 515, Sec. 1.5. (SB 1293) Effective January 1, 2019.)
  68. 8546.11.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor must audit Mendocino County and report the findings to the Legislature by January 1, 2026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.11. (a) The California State Auditor shall conduct an audit of the County of Mendocino by January 1, 2026, which shall include, but not be limited to, all of the following. (1) Any potential waste, fraud, abuse, and mismanagement. (2) The county’s administration of elections in 2024. (3) Contracting and procurement. (b) Notwithstanding Section 10231.5, the California State Auditor shall report their findings to the Legislature, including the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Local Government, and the Senate Committee on Local Government, by January 1, 2026. (Added by Stats. 2024, Ch. 41, Sec. 31. (SB 164) Effective June 29, 2024.)
  69. 8546.2.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor may require audit subjects to report progress on implementing recommendations, and state agencies must provide those updates in the form the Auditor prescribes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.2. (a) The California State Auditor shall request that any state agency, as defined in Section 11000, whether created by the California Constitution or otherwise, any local governmental agency, including any city, county, city and county, school, or special district, or any publicly created entity, that is the subject of an audit or investigation conducted pursuant to this chapter provide updates on its progress in implementing the recommendations made by the California State Auditor, at intervals prescribed by the California State Auditor. (b) Any state agency described in subdivision (a) shall provide the California State Auditor, in the form prescribed by the California State Auditor, with updates on implementation of recommendations as described in subdivision (a). (Amended by Stats. 2012, Ch. 281, Sec. 27. (SB 1395) Effective January 1, 2013.)
  70. 8546.3.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor must examine and report annually on state executive-branch financial statements, and may perform further audit work needed to support proper 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.3. The California State Auditor shall examine and report annually upon the financial statements otherwise prepared by the executive branch of the state so that the Legislature and the public will be informed of the adequacy of those financial statements in compliance with generally accepted accounting principles. In making that examination, the California State Auditor may make the audit examination of accounts and records, accounting procedures, and internal auditing performance that he or she determines to be necessary to disclose all material facts necessary to proper reporting in accordance with the federal Single Audit Act of 1984 (31 U.S.C. Sec. 7501 et seq.) and the purposes set forth in Section 8521.5. (Amended by Stats. 2012, Ch. 281, Sec. 28. (SB 1395) Effective January 1, 2013.)
  71. 8546.4.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor must issue an annual auditor’s report, may examine state agency financial records for audits or investigations, and state agencies need prior written approval before contracting for certain audits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.4. (a) The California State Auditor shall annually issue an auditor’s report based upon the general purpose financial statements included in the Controller’s annual report that is submitted to the Governor pursuant to Section 12460. The report shall be in accordance with the “Government Auditing Standards” published by the Comptroller General of the United States and the standards published by the American Institute of Certified Public Accountants. (b) The California State Auditor, in the performance of this annual audit and any other audit or investigation undertaken by the office, may examine all the financial records, accounts, and documents of any state agency as defined by Section 11000. (c) The California State Auditor shall rely, to the maximum extent possible, upon the audits performed by the Controller, the Department of Finance, internal auditors of state agencies, and independent contractors. The Director of Finance shall be responsible for coordinating and providing technical assistance to the internal auditors of state agencies. Nothing in this article is intended to reduce or restrict the operations of internal auditors whose review of internal financial and administrative controls of state agencies is essential for coordinated audits. (d) State agencies receiving federal funds shall be primarily responsible for arranging for federally required financial and compliance audits. State agencies shall immediately notify the Director of Finance, the California State Auditor, and the Controller when they are required to obtain federally required financial and compliance audits. The Director of Finance, the California State Auditor, and the Controller shall coordinate the procurement by state agencies, including any negotiations with cognizant federal agencies, of federally required financial and compliance audits. (e) To prevent duplication of the annual audit conducted by the California State Auditor pursuant to subdivision (a), except for those state agencies that are required by state law to obtain an annual audit, no state agency shall enter into a contract for a financial or compliance audit without prior written approval of the Controller and the Director of Finance, which approval shall state the reason for the contract and shall be filed with the California State Auditor at least 30 days prior to the award of the contract. No funds appropriated by the Legislature shall be encumbered for the purpose of funding any contract for an audit that duplicates the annual financial audit conducted by the California State Auditor. (f) Notwithstanding any other provision of this article, nothing in this section shall be construed to limit, restrict, or otherwise infringe upon the constitutional or statutory authority of the Controller to superintend the fiscal concerns of the state. (g) Except as provided in subdivision (b), notwithstanding any other provision of this article, nothing in this section shall be construed to limit, restrict, or otherwise infringe upon the statutory authority of the Director of Finance to supervise the financial and business policies of the state. (Amended by Stats. 2012, Ch. 281, Sec. 29. (SB 1395) Effective January 1, 2013.)
  72. 8546.5.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    The California State Auditor may create a high-risk audit program and must notify the Joint Legislative Audit Committee when it identifies a state agency as high risk.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.5. (a) The California State Auditor may establish a high-risk government agency audit program for the purpose of identifying, auditing, and issuing reports on any agency of the state, whether created by the California Constitution or otherwise, as well as statewide issues, that the California State Auditor identifies as being at high risk for the potential of waste, fraud, abuse, and mismanagement or that has major challenges associated with its economy, efficiency, or effectiveness. (b) In addition to identifying an agency as high risk on the basis of weaknesses identified in audit and investigative reports produced by the office, the California State Auditor may consult with the Legislative Analyst, the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, the Office of Inspector General within the Department of Corrections and Rehabilitation, the Department of Finance, and other state agencies that have oversight responsibilities over any other agency of the state, in identifying state agencies that are at high risk. (c) The California State Auditor shall notify the Joint Legislative Audit Committee whenever it identifies a state agency as at high risk. (d) The California State Auditor may issue audit reports with recommendations for improvement in state agencies, and for statewide issues, identified as at high risk not less than once every two years. (e) The California State Auditor may require state agencies identified as high risk, or as responsible for all or a portion of a statewide issue identified as high risk, to periodically report to the auditor regarding the status of recommendations for improvement made by the California State Auditor or other state oversight agencies. (Amended by Stats. 2012, Ch. 281, Sec. 30. (SB 1395) Effective January 1, 2013.)
  73. 8546.6.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    When the California State Auditor conducts an audit or investigation under this chapter, the Auditor is treated as a department head for Section 11189 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.6. The California State Auditor, in connection with any audit or investigation conducted pursuant to this chapter, shall be deemed to be a department head for the purposes of Section 11189. (Amended by Stats. 2012, Ch. 281, Sec. 31. (SB 1395) Effective January 1, 2013.)
  74. 8546.7.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    Covered public contracts over $10,000 must include a clause making the parties subject to California State Auditor examination and audit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.7. Notwithstanding any other provision of law, every contract involving the expenditure of public funds in excess of ten thousand dollars ($10,000) entered into by any state agency, board, commission, or department or by any other public entity, including a city, county, city and county, or district, shall be subject to the examination and audit of the California State Auditor, at the request of the public entity or as part of any audit of the public entity, for a period of three years after final payment under the contract. Every contract shall contain a provision stating that the contracting parties shall be subject to that examination and audit. The failure of a contract to contain this provision shall not preclude the California State Auditor from conducting an examination and audit of the contract at the request of the public entity entering into the contract or as part of any audit of the public entity. It is the intent of the Legislature that the Regents of the University of California include in contracts involving the expenditure of state funds in excess of ten thousand dollars ($10,000) a provision stating that the contracting parties shall be subject to the examination and audit of the California State Auditor, at the request of the regents or as part of any audit of the university, for a period of three years after final payment under the contract. The examinations and audits under this section shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract. (Amended by Stats. 2012, Ch. 281, Sec. 32. (SB 1395) Effective January 1, 2013.)
  75. 8546.8.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. )

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    References to the Auditor General or the Office of the Auditor General are to be read as references to the California State Auditor and the California State Auditor’s Office for audit-related matters, unless the context says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 2. Powers and Duties [8546 - 8546.11] ( Article 2 added by Stats. 1993, Ch. 12, Sec. 8. ) ## 8546.8. Unless the contrary is stated or clearly appears from the context, any reference to the Auditor General or the Office of the Auditor General in any statute or contract in effect on the effective date of this chapter, other than Chapter 4 (commencing with Section 10500), with respect to the performance of audits, shall be construed to refer to the California State Auditor and the California State Auditor’s Office, respectively. (Amended by Stats. 2012, Ch. 281, Sec. 33. (SB 1395) Effective January 1, 2013.)
  76. 8547.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    This article is called the California Whistleblower Protection Act and 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547. This article shall be known and may be cited as the “California Whistleblower Protection Act.” (Amended by Stats. 1999, Ch. 673, Sec. 1. Effective January 1, 2000.)
  77. 8547.1.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    State employees should be free to report certain wrongdoing or threats to public health without fear of retaliation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.1. The Legislature finds and declares that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. The Legislature further finds and declares that public servants best serve the citizenry when they can be candid and honest without reservation in conducting the people’s business. (Repealed and added by Stats. 1999, Ch. 673, Sec. 3. Effective January 1, 2000.)
  78. 8547.10.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    University of California employees and applicants may file a sworn written complaint about retaliation or related misconduct within 12 months, and intentional retaliation can trigger fines, jail, university discipline, and 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.10. (a) A University of California employee, including an officer or faculty member, or applicant for employment may file a written complaint with his or her supervisor or manager, or with any other university officer designated for that purpose by the regents, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts for having made a protected disclosure, together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint shall be filed within 12 months of the most recent act of reprisal complained about. (b) Any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a University of California employee, including an officer or faculty member, or applicant for employment for having made a protected disclosure, is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for up to a period of one year. Any university employee, including an officer or faculty member, who intentionally engages in that conduct shall also be subject to discipline by the university. (c) In addition to all other penalties provided by law, any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a university employee, including an officer or faculty member, or applicant for employment for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, any action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the university officer identified pursuant to subdivision (a), and the university has failed to reach a decision regarding that complaint within the time limits established for that purpose by the regents. Nothing in this section is intended to prohibit the injured party from seeking a remedy if the university has not satisfactorily addressed the complaint within 18 months. (d) This section is not intended to prevent a manager or supervisor from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any university employee, including an officer or faculty member, or applicant for employment if the manager or supervisor reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. (e) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective employee, the burden of proof shall be on the supervisor, manager, or appointing power to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, manager, or appointing power fails to meet this burden of proof in an adverse action against the employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the employee shall have a complete affirmative defense in the adverse action. (f) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or state law or under any employment contract or collective bargaining agreement. (Amended by Stats. 2010, Ch. 104, Sec. 1. (SB 650) Effective January 1, 2011.)
  79. 8547.11.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    University of California employees may not use official authority or influence to intimidate or pressure anyone to stop disclosures protected by this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.11. (a) A University of California employee, including an officer or faculty member, may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to a University of California official, designated for that purpose by the regents, or the State Auditor matters within the scope of this article. (b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (c) Any employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party. (d) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law. (Added by Stats. 1993, Ch. 12, Sec. 8. Effective May 7, 1993.)
  80. 8547.12.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    California State University employees and applicants may file a written whistleblower retaliation complaint within 12 months, and intentional retaliation can trigger fines, jail, university discipline, and 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.12. (a) A California State University employee, including an officer or faculty member, or applicant for employment may file a written complaint with his or her supervisor or manager, or with any other university officer designated for that purpose by the trustees, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts for having made a protected disclosure, together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint shall be filed within 12 months of the most recent act of reprisal complained about. (b) Any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a California State University employee, including an officer or faculty member, or applicant for employment for having made a protected disclosure, is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for up to a period of one year. Any university employee, including an officer or faculty member, who intentionally engages in that conduct shall also be subject to discipline by the university. (c) In addition to all other penalties provided by law, any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a university employee, including an officer or faculty member, or applicant for employment for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, any action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the university officer identified pursuant to subdivision (a), and the university has failed to reach a decision regarding that complaint within the time limits established for that purpose by the trustees. Nothing in this section is intended to prohibit the injured party from seeking a remedy if the university has not satisfactorily addressed the complaint within 18 months. (d) This section is not intended to prevent a manager or supervisor from taking, directing others to take, recommending, or approving any personnel action, or from taking or failing to take a personnel action with respect to any university employee, including an officer or faculty member, or applicant for employment if the manager or supervisor reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. (e) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective employee, the burden of proof shall be on the supervisor, manager, or appointing power to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, manager, or appointing power fails to meet this burden of proof in an adverse action against the employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the employee shall have a complete affirmative defense in the adverse action. (f) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or state law or under any employment contract or collective bargaining agreement. (g) 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. (Amended by Stats. 1999, Ch. 673, Sec. 8. Effective January 1, 2000.)
  81. 8547.13.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    This section defines covered agencies and employees, lets certain employees or applicants file a copy of a retaliation complaint with the State Personnel Board within 12 months, requires the Board to investigate filed complaints, and prohibits retaliation or interference with whistleblowing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.13. (a) As used in this section: (1) “Agency” means the Supreme Court, the courts of appeal, the superior courts, or the Administrative Office of the Courts. (2) “Employee” means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts. (b) An employee or applicant for employment who files a written complaint with his or her supervisor, manager, or any other agency officer designated for that purpose by the agency, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 8547.3, may also file a copy of the written complaint with the State Personnel Board, together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint shall be filed within 12 months of the most recent act complained about. (c) The State Personnel Board shall investigate any complaint filed, in accordance with the procedures of this chapter, and make a recommendation to the hiring entity of the agency of the employee or applicant regarding whether retaliation resulted in an adverse action regarding the employee and, if so, what steps should be taken to remedy the situation. (d) Except to the extent that justices and judges subject to the jurisdiction of the Commission on Judicial Performance are immune from liability under the doctrine of judicial immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee or applicant for employment for having made a protected disclosure, is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for up to one year. An employee who intentionally engages in that conduct also shall be subject to discipline by the agency. This subdivision does not limit any other sanction that may be applicable by law. (e) In addition to all other penalties provided by law, except to the extent that justices and judges subject to the jurisdiction of the Commission on Judicial Performance are immune from liability under the doctrine of judicial immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee or applicant for employment for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability is established, the injured party also shall be entitled to reasonable attorney’s fees as provided by law. It is not a prerequisite for an action for damages for the injured party to first file a complaint pursuant to subdivision (b). (f) This section is not intended to prevent a manager or supervisor from taking, directing others to take, recommending, or approving any personnel action, or from taking or failing to take a personnel action with respect to an employee or applicant for employment, if the manager or supervisor reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. (g) In a civil action or administrative proceeding, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective employee, the burden of proof shall be on the supervisor, manager, or appointing power to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, manager, or appointing power fails to meet this burden of proof against the employee in an administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the employee shall have a complete affirmative defense on the issue of retaliation. (h) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of an employee under any other federal or state law or under any employment contract or collective bargaining agreement. (i) An employee shall not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command a person for the purpose of interfering with the right of that person to disclose to an agency official, designated for that purpose by the agency, or the State Auditor matters within the scope of this article. For the purpose of this subdivision, “use of official authority or influence” includes all of the following: (1) Promising to confer, or conferring, any benefit. (2) Effecting, or threatening to effect, any reprisal. (3) Taking or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (j) Except to the extent that justices and judges subject to the jurisdiction of the Commission on Judicial Performance are immune from liability under the doctrine of judicial immunity, an employee who violates subdivision (i) is subject to an action for civil damages brought against the employee by the injured party. (k) Nothing in this section shall be construed to authorize an individual to disclose any information, the disclosure of which is otherwise prohibited by law. (Added by Stats. 2010, Ch. 160, Sec. 2. (AB 1749) Effective January 1, 2011.)
  82. 8547.15.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    A damages action under this article is exempt from the Government Claims Act claims presentation 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.15. An action for damages pursuant to this article shall not be subject to the claims presentation requirements of the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1). (Added by Stats. 2013, Ch. 781, Sec. 2. (SB 496) Effective January 1, 2014.)
  83. 8547.2.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    This section defines key terms used in the California Whistleblower Protection Act 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.2. For the purposes of this article, the following terms have the following meanings: (a) (1) “Employee” means either of the following: (A) An individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. (B) A person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. (2) “Employee” includes a former employee who met the criteria of this subdivision during their employment. (b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. (c) (1) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of their employment, and that meets any of the following criteria: (A) The activity is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, misuse of state expenditures, including allocations, loans, or grants, or willful omission to perform duty. (B) The activity is in violation of an executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual. (C) The activity is economically wasteful, involves gross misconduct, incompetency, or inefficiency. (2) For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. (3) For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision. (d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing. (e) (1) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence either of the following circumstances: (A) An improper governmental activity. (B) A condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. (2) “Protected disclosure” specifically includes a good faith communication to the California State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the California State Auditor’s Office in support of the allegation. (3) “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance. (f) (1) “State agency” is defined by Section 11000. (2) “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, and the California State University for purposes of Sections 8547.3 to 8547.7, inclusive. (3) Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency. (Amended by Stats. 2025, Ch. 67, Sec. 83. (AB 1170) Effective January 1, 2026.)
  84. 8547.3.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    An employee may not use official authority or influence to intimidate, threaten, coerce, or command anyone to interfere with rights under 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.3. (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the rights conferred pursuant to this article. (b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (c) Any employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party. (d) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law. (Amended by Stats. 1999, Ch. 673, Sec. 5. Effective January 1, 2000.)
  85. 8547.4.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    The State Auditor must investigate improper governmental activities and send a report to the employee’s appointing power if the investigation suggests an employee may have been involved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.4. The State Auditor shall administer this article and shall investigate and report on improper governmental activities. If, after investigating, the State Auditor finds that an employee may have engaged or participated in improper governmental activities, the State Auditor shall prepare an investigative report and send a copy of the investigative report to the employee’s appointing power. Subject to the limitations of Section 8547.5, the State Auditor may provide to the employee’s appointing power any evidence gathered during the investigation that, in the judgment of the State Auditor, is necessary to support an adverse action or an action recommended pursuant to subdivision (a) of Section 8547.7. Within 60 days after receiving a copy of the State Auditor’s investigative report, the appointing power shall either serve a notice of adverse action upon the employee who is the subject of the investigative report or set forth in writing its reasons for not taking adverse action. The appointing power shall file a copy of the notice of adverse action with the State Personnel Board in accordance with Section 19574, and shall submit a copy to the State Auditor. If the appointing power does not take adverse action within 60 days of receiving a copy of the State Auditor’s investigative report, it shall submit its written reasons for not doing so to the State Auditor and the State Personnel Board, and adverse action may be taken as provided in Section 19583.5. Any employee who is served with a notice of adverse action may appeal to the State Personnel Board in accordance with Section 19575. (Amended by Stats. 2009, Ch. 452, Sec. 6. (AB 567) Effective January 1, 2010.)
  86. 8547.5.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    The California State Auditor must provide ways to submit whistleblower allegations, and the process must allow anonymous submission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.5. (a) The California State Auditor shall create the means for the submission of allegations of improper governmental activity both by transmission via mail or other carrier to a specified mailing address and electronic submission through an internet website portal. The California State Auditor may request that a person submitting an allegation provide their name and contact information and provide the names and contact information for any persons who could help to substantiate the claim. However, the California State Auditor shall not require any person submitting an allegation to provide their name or contact information and shall clearly state on the agency internet website that this information is not required in order to submit an allegation. (b) Upon receiving specific information that any employee or state agency has engaged in an improper governmental activity, the California State Auditor may conduct an investigation of the matter. The identity of the person providing the information that initiated the investigation, or of any person providing information in confidence to further an investigation, shall not be disclosed without the express permission of the person providing the information except that the California State Auditor may make the disclosure to a law enforcement agency that is conducting a criminal investigation. (c) (1) The California State Auditor shall create an alternative system for submission to an independent investigator of allegations of improper governmental activity engaged or participated in by employees of the California State Auditor’s Office. The system shall allow for submission of allegations both by delivery to a specified mailing address and electronic submission through an internet website portal. The system may request that people submitting allegations provide their name and contact information and the names and contact information for any persons who could help to substantiate the claim. However, the system shall not require people submitting an allegation to provide their name or contact information and shall clearly state that this information is not required to submit an allegation. The system shall ensure that all submissions are promptly and directly delivered to the Employment and Administrative Mandate Section of the Department of Justice without prior review by the California State Auditor. The Employment and Administrative Mandate Section of the Department of Justice shall review submissions. If the Employment and Administrative Mandate Section of the Department of Justice determines that a submission constitutes an allegation of improper governmental activity, it shall transmit the submission to the independent investigator for further action in accordance with this section. (2) (A) The independent investigator shall conduct investigations in a manner consistent with the provisions of this article relating to other state civil service employees. If the independent investigator finds that the facts support a conclusion that an employee engaged or participated in improper governmental activities, the investigator shall prepare a confidential investigative report and, subject to the limitations of this section, send a copy of the report and all evidence gathered during the investigation to the California State Auditor, the Chief Deputy California State Auditor, and the California State Auditor’s Office chief counsel and human resource manager. (B) If the independent investigator determines it to be appropriate, the independent investigator shall report this information to the Attorney General, to the policy committees of the Senate and Assembly having jurisdiction over the subject, the Assembly and Senate budget committees, the Joint Legislative Audit Committee, and to any other authority that the independent investigator determines appropriate. Subject to the limitations of this section, the independent investigator may provide to the California State Auditor any evidence gathered during the investigation that, in the judgment of the independent investigator, is necessary to support any of the report’s recommendations. Within 60 days of receiving the independent investigator’s report, the California State Auditor shall report to the independent investigator any actions that it has taken or that it intends to take to implement the recommendations. The California State Auditor shall file subsequent reports on a monthly basis until final action has been taken. (3) (A) Within 60 days after receiving a copy of the independent investigator’s report, the California State Auditor’s Office shall either serve a notice of adverse action upon the employee who is the subject of the investigative report, or submit to the independent investigator in writing its reasons for not taking adverse action. (B) If the California State Auditor’s Office elects not to serve a notice of adverse action upon the employee who is the subject of the investigative report, then, within 10 days of receiving the reasons provided by the California State Auditor’s Office pursuant to subparagraph (A), the independent investigator shall: (i) Notify the Joint Legislative Audit Committee, as described in Section 10501, that it has provided a report to the California State Auditor’s Office pursuant to this paragraph. (ii) Upon request, provide a copy of the report described in this paragraph, redacted to remove all information that could identify any reporting party, witness, or employee, to the Joint Legislative Audit Committee, as described in Section 10501. (C) If the California State Auditor’s Office does not take adverse action, the independent investigator may seek consent from the State Personnel Board to file charges in accordance with Section 19583.5. (D) The following shall not be confidential: (i) A notice of adverse action served by the California State Auditor. (ii) A request to file charges filed by the independent investigator with the State Personnel Board. (4) The California State Auditor’s Office shall reimburse the Employment and Administrative Mandate Section of the Department of Justice for the costs of retaining the independent investigator. (5) For purposes of this subdivision and any investigation conducted pursuant thereto, “improper governmental activity” has the same meaning as set forth in subdivision (c) of Section 8547.2, except that it shall not include violations of an executive order of the Governor, any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or any other rule, regulation, or requirement that the California State Auditor’s Office, because of its independence from executive branch and legislative control, is not required to follow. (d) For purposes of this section, “independent investigator” means an investigator who is retained by the Employment and Administrative Mandate Section of the Department of Justice who is all of the following: (1) An attorney who is licensed to practice law in this state or a certified fraud examiner. (2) A person who is experienced in investigating allegations of improper governmental activity in a confidential manner. (3) A person who is outside of, and independent from, the California State Auditor’s Office and also independent of the executive branch and legislative control. (Amended by Stats. 2025, Ch. 67, Sec. 84. (AB 1170) Effective January 1, 2026.)
  87. 8547.6.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    The State Auditor may ask state departments, agencies, or employees for help with an investigation, and they must provide it. Information obtained through that request may not be shared without the State Auditor’s prior 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.6. (a) The State Auditor may request the assistance of any state department, agency, or employee in evaluating an allegation or conducting any investigation of an improper governmental activity as authorized by this article. In response to a request for assistance from the State Auditor, that state department, agency, or employee shall provide the assistance, including, but not limited to, providing access to documents or other information in a timely manner, as required by Section 8545.2. If an investigation conducted by the State Auditor involves access to confidential academic peer review records of University of California academic personnel, these records shall be provided in a form consistent with university policy effective on August 1, 1992. No information obtained from the State Auditor by any department, agency, or employee as a result of the State Auditor’s request for assistance, nor any information obtained thereafter as a result of further investigation, shall be divulged or made known to any person without the prior approval of the State Auditor. (b) As an alternative to conducting its own investigation, if the State Auditor determines that there is reasonable cause to believe that a state agency or employee may have engaged in an improper governmental activity, the State Auditor, subject to the limitations of Section 8547.5, may refer the allegation to the involved state agency, or to another state agency having direct oversight of the involved state agency, to conduct an investigation of the allegation under the State Auditor’s supervision. If the State Auditor refers an allegation to the involved state agency or to another state agency having direct oversight of the involved state agency, that state agency shall investigate the allegation and report the results of the investigation to the State Auditor within 60 days of the referral and monthly thereafter until final action has been taken. In addition, whenever the State Auditor determines that there is reasonable cause to believe that a state agency or employee may have engaged in an improper governmental activity, the State Auditor, subject to the limitations of Section 8547.5, may refer the allegation to a criminal or administrative law enforcement agency in lieu of conducting or supervising an investigation of the matter. (Amended by Stats. 2011, Ch. 328, Sec. 7. (AB 1102) Effective January 1, 2012.)
  88. 8547.7.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

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    The California State Auditor must issue and send investigative reports after finding a possible improper governmental activity, and the involved agency must respond with actions taken or planned.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.7. (a) If, after investigating an allegation, the California State Auditor finds that a state agency or employee may have engaged or participated in an improper governmental activity, the California State Auditor shall prepare an investigative report and send a copy of the report to the head of the agency involved and to the head of any other agency that has direct oversight over that involved agency. The investigative report may include the California State Auditor’s recommended actions to prevent the continuation or recurrence of the activity. If appropriate, the California State Auditor shall report this information to the Attorney General, the policy committees of the Senate and Assembly having jurisdiction over the subject involved, the Assembly and Senate budget committees, the Joint Legislative Audit Committee, and to any other authority that the California State Auditor determines appropriate. Subject to the limitations of Section 8547.5, the California State Auditor may provide to the involved agency any evidence gathered during the investigation that, in the judgment of the California State Auditor, is necessary to support any of the recommendations. Within 60 days of receiving the California State Auditor’s investigative report, the involved agency shall report to the California State Auditor any actions that it has taken or that it intends to take to implement the recommendations. The agency shall file subsequent reports on a monthly basis until final action has been taken. (b) The California State Auditor shall not have any enforcement power. In any case in which the California State Auditor finds that a state agency or employee may have engaged in an improper governmental activity, the California State Auditor may provide the finding, and any evidence supporting the finding, subject to the limitations of Section 8547.5, to a criminal law enforcement agency, an administrative law enforcement agency, or a licensing agency that has authority to investigate the matter. (c) The California State Auditor shall keep confidential every investigation, including, but not limited to, all investigative files and work product, except that the California State Auditor, whenever the California State Auditor determines it necessary to serve the interests of the state, and subject to the limitations of Section 8547.5, may issue a public report of an investigation that has substantiated an improper governmental activity, keeping confidential the identity of the employee or employees involved. In addition, subject to the limitations of Section 8547.5, the California State Auditor may release any findings or evidence supporting any findings resulting from an investigation conducted pursuant to this article whenever the California State Auditor determines it necessary to serve the interests of the state. (d) This section does not limit any authority conferred upon the Attorney General or any other department or agency of government to investigate any matter. (Amended by Stats. 2024, Ch. 568, Sec. 4. (AB 2455) Effective January 1, 2025.)
  89. 8547.8.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

    Verify source ↗

    State employees and applicants may file a whistleblower complaint with the State Personnel Board, but damages claims depend on first using that process; intentional retaliation can bring fines, jail, discipline, and 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.8. (a) A state employee or applicant for state employment who files a written complaint with his or her supervisor, manager, or the appointing power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 8547.3, may also file a copy of the written complaint with the State Personnel Board, together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint filed with the board, shall be filed within 12 months of the most recent act of reprisal complained about. (b) Any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a state employee or applicant for state employment for having made a protected disclosure, is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year. Pursuant to Section 19683, any state civil service employee who intentionally engages in that conduct shall be disciplined by adverse action as provided by Section 19572. (c) In addition to all other penalties provided by law, any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a state employee or applicant for state employment for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, any action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the State Personnel Board pursuant to subdivision (a), and the board has issued, or failed to issue, findings pursuant to Section 19683. (d) This section is not intended to prevent an appointing power, manager, or supervisor from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any state employee or applicant for state employment if the appointing power, manager, or supervisor reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure as defined in subdivision (b) of Section 8547.2. (e) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective employee, the burden of proof shall be on the supervisor, manager, or appointing power to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, manager, or appointing power fails to meet this burden of proof in an adverse action against the employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the employee shall have a complete affirmative defense in the adverse action. (f) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or state law or under any employment contract or collective bargaining agreement. (Amended by Stats. 2001, Ch. 883, Sec. 3. Effective January 1, 2002.)
  90. 8547.9.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. )

    Verify source ↗

    If the State Personnel Board finds a reasonable basis for an alleged violation, or an actual violation of certain sections, it must send the investigative report to the State Auditor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3. California Whistleblower Protection Act [8547 - 8547.15] ( Heading of Article 3 (as added by Stats. 1993, Ch. 12) amended by Stats. 2003, Ch. 107, Sec. 23. ) ## 8547.9. Notwithstanding Section 19572, if the State Personnel Board determines that there is a reasonable basis for an alleged violation, or finds an actual violation of Section 8547.3 or 19683, it shall transmit a copy of the investigative report to the State Auditor. All working papers pertaining to the investigative report shall be made available under subpoena in a civil action brought under Section 19683. (Added by Stats. 1993, Ch. 12, Sec. 8. Effective May 7, 1993.)
  91. 8548.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. )

    Verify source ↗

    This section defines “state agency” 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. ) ## 8548. For purposes of this article, “state agency” means every state office, officer, department, division, bureau, board, and commission, including the California State University, the University of California, the Supreme Court, the Court of Appeal, the superior courts, and the Administrative Office of the Courts. (Amended by Stats. 2011, Ch. 328, Sec. 9. (AB 1102) Effective January 1, 2012.)
  92. 8548.1.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. )

    Verify source ↗

    The State Auditor must prepare a written explanation of the California Whistleblower Protection Act for state employees by April 1, 2002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. ) ## 8548.1. No later than April 1, 2002, the State Auditor shall prepare for state employees a written explanation of the California Whistleblower Protection Act contained in Article 3 (commencing with Section 8547). The explanation shall include, but not be limited to, the following information: (a) Instructions on how to contact the State Auditor by mail or telephone. (b) A general overview of improper governmental activities and examples of three of the most common types of improper governmental activities that may be reported to the State Auditor. (c) Examples of two of the most commonly reported governmental activities that the State Auditor does not have authority to investigate. (d) An explanation of whistleblower protection available to state employees who report improper governmental activities to the State Auditor. (e) The requirement that the State Auditor protect the anonymity of a person who reports improper governmental activity to the State Auditor. (f) The State Auditor’s authority in connection with violations of law discovered during an investigation of improper governmental activities. (Added by Stats. 2001, Ch. 883, Sec. 4. Effective January 1, 2002.)
  93. 8548.2.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. )

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    The State Auditor must prepare a notice for state agencies, and each state agency must print and post it by July 1, 2002, without changing the written text.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. ) ## 8548.2. The State Auditor shall prepare for distribution to each state agency in an electronic format a notice containing the information in the written explanation prepared pursuant to Section 8548.1. No later than July 1, 2002, each state agency shall print and post this notice at its state office or offices in a location or locations where employee notices are maintained. A state agency shall not edit the written text of the notice but it may publish the notice in a manner it chooses, and it may include its own introductory language in the notice, provided that the language and the format selected do not alter the meaning of the notice. In addition, whenever a state agency posts or advertises the opportunity to submit whistleblower complaints through a program administered by the agency, it shall also disclose the opportunity to submit complaints to the State Auditor under the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)). (Amended by Stats. 2011, Ch. 328, Sec. 10. (AB 1102) Effective January 1, 2012.)
  94. 8548.3.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. )

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    Every state agency must email the notice information to employees who are authorized to use agency email, starting July 1, 2002 and continuing annually.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. ) ## 8548.3. On July 1, 2002, and annually thereafter, every state agency shall send the information contained in the notice by electronic mail to its employees who have authorized access to electronic mail from the agency. (Added by Stats. 2001, Ch. 883, Sec. 4. Effective January 1, 2002.)
  95. 8548.4.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. )

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    The California State Auditor must post the information described in Section 8548.1 on its website.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. ) ## 8548.4. The California State Auditor shall post the information described in Section 8548.1 on the Internet Web site of the California State Auditor’s Office. (Amended by Stats. 2012, Ch. 281, Sec. 36. (SB 1395) Effective January 1, 2013.)
  96. 8548.5.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. )

    Verify source ↗

    A state agency’s intentional failure to comply with this article is treated as an improper governmental activity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 3.5. Whistleblower Information [8548 - 8548.5] ( Article 3.5 added by Stats. 2001, Ch. 883, Sec. 4. ) ## 8548.5. The intentional failure of a state agency to comply with any provision of this article shall constitute an improper governmental activity for purposes of Article 3 (commencing with Section 8547). (Added by Stats. 2001, Ch. 883, Sec. 4. Effective January 1, 2002.)
  97. 8548.7.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 4. Omnibus Audit Accountability Act of 2006 [8548.7 - 8548.9] ( Article 4 added by Stats. 2006, Ch. 452, Sec. 3. )

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    This article may be cited as the Omnibus Audit Accountability Act of 2006.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 4. Omnibus Audit Accountability Act of 2006 [8548.7 - 8548.9] ( Article 4 added by Stats. 2006, Ch. 452, Sec. 3. ) ## 8548.7. This article shall be known and may be cited as the Omnibus Audit Accountability Act of 2006. (Added by Stats. 2006, Ch. 452, Sec. 3. Effective January 1, 2007.)
  98. 8548.9.

    ## 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 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 4. Omnibus Audit Accountability Act of 2006 [8548.7 - 8548.9] ( Article 4 added by Stats. 2006, Ch. 452, Sec. 3. )

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    The State Auditor must maintain a public website showing the status of audit and investigation recommendations for at least three years, and state agencies must submit updates on recommendations that are not fully implemented.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. California State Auditor [8543 - 8548.9] ( Heading of Chapter 6.5 amended by Stats. 2012, Ch. 281, Sec. 4. ) ## ARTICLE 4. Omnibus Audit Accountability Act of 2006 [8548.7 - 8548.9] ( Article 4 added by Stats. 2006, Ch. 452, Sec. 3. ) ## 8548.9. (a) The State Auditor shall, for a period of time established by the State Auditor, but for no less than three years from the publication of the audit or investigation, maintain a publicly accessible internet website that displays the status of recommendations the State Auditor made in audits and investigations. (b) The internet website shall clearly identify the state agency audited or investigated, the audit or investigation that contained the recommendation, the text of the recommendation, the date it was issued, and the most recent explanation provided by the agency to the State Auditor on the status of the recommendation, including the expected date of full implementation. The State Auditor may include additional information on the internet website. (c) A state agency shall submit an update to the State Auditor and the State Auditor shall post the update to the publicly accessible internet website, at an interval and in a manner established by the State Auditor and at least annually for the period of time established pursuant to subdivision (a), on recommendations the State Auditor has determined are not fully implemented. The update shall explain why the audit or investigation recommendation has not been fully implemented and include the expected date of full implementation. (d) For the purposes of this section, “state agency” means a state agency as defined by Section 11000, the California State University, the Supreme Court, a Court of Appeal, a superior court, and the Administrative Office of the Courts. (Amended by Stats. 2024, Ch. 837, Sec. 1. (AB 2628) Effective January 1, 2025.)
  99. 855.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public entity operating or maintaining a medical facility can be liable for injury if it fails to provide required equipment, personnel, or facilities meeting minimum standards, unless it shows reasonable diligence. The section also says it does not expand the health agencies’ authority to regulate.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 855. (a) A public entity that operates or maintains any medical facility that is subject to regulation by the State Department of Health Services, Social Services, Developmental Services, or Mental Health is liable for injury proximately caused by the failure of the public entity to provide adequate or sufficient equipment, personnel or facilities required by any statute or any regulation of the State Department of Health Services, Social Services, Developmental Services, or Mental Health prescribing minimum standards for equipment, personnel or facilities, unless the public entity establishes that it exercised reasonable diligence to comply with the applicable statute or regulation. (b) A public entity that operates or maintains any medical facility that is not subject to regulation by the State Department of Health Services, Social Services, Developmental Services, or Mental Health is liable for injury proximately caused by the failure of the public entity to provide adequate or sufficient equipment, personnel or facilities substantially equivalent to those required by any statute or any regulation of the State Department of Health Services, Social Services, Developmental Services, or Mental Health prescribing minimum standards for equipment, personnel or facilities applicable to a public medical facility of the same character and class, unless the public entity establishes that it exercised reasonable diligence to conform with such minimum standards. (c) Nothing in this section confers authority upon, or augments the authority of, the State Department of Health Services, Social Services, Developmental Services, or Mental Health to adopt, administer or enforce any regulation. Any regulation establishing minimum standards for equipment, personnel or facilities in any medical facility operated or maintained by a public entity, to be effective, must be within the scope of authority conferred by law. (Amended by Stats. 1978, Ch. 429.)
  100. 855.2.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

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    Public entities and public employees acting within the scope of employment are generally not liable for interfering with an inmate’s right to seek judicial review of confinement legality, but intentional and unjustifiable interference can create liability.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 855.2. Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of an inmate of a medical facility operated or maintained by a public entity to obtain a judicial determination or review of the legality of his confinement; but a public employee, and the public entity where the employee is acting within the scope of his employment, is liable for injury proximately caused by the employee’s intentional and unjustifiable interference with such right, but no cause of action for such injury shall be deemed to accrue until it has first been determined that the confinement was illegal. (Amended by Stats. 1970, Ch. 1099.)
  101. 855.4.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

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    A public entity or public employee is not liable for injuries tied to discretionary decisions to promote public health by preventing or controlling disease, and not liable for injuries from carrying out such decisions with due care.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 855.4. (a) Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community if the decision whether the act was or was not to be performed was the result of the exercise of discretion vested in the public entity or the public employee, whether or not such discretion be abused. (b) Neither a public entity nor a public employee is liable for an injury caused by an act or omission in carrying out with due care a decision described in subdivision (a). (Added by Stats. 1963, Ch. 1681.)
  102. 855.6.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

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    Public entities and public employees are generally not liable for injuries caused by failing to conduct, or adequately conduct, a physical or mental examination, except when the examination or diagnosis is for treatment 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 855.6. Except for an examination or diagnosis for the purpose of treatment, neither a public entity nor a public employee acting within the scope of his employment is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination, of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others. (Added by Stats. 1963, Ch. 1681.)
  103. 855.8.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

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    Public entities and public employees are generally not liable for certain diagnosis or prescription-related injuries involving mental illness or addiction, with stated exceptions for negligent or wrongful prescribing or administering treatment.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 855.8. (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental illness or addiction or from failing to prescribe for mental illness or addiction. (b) A public employee acting within the scope of his employment is not liable for administering with due care the treatment prescribed for mental illness or addiction. (c) Nothing in this section exonerates a public employee who has undertaken to prescribe for mental illness or addiction from liability for injury proximately caused by his negligence or by his wrongful act in so prescribing. (d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental illness or addiction. (Added by Stats. 1963, Ch. 1681.)
  104. 8550.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 1. Purpose [8550 - 8551] ( Article 1 added by Stats. 1970, Ch. 1454. )

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    This section states the state’s purpose in emergency planning and authorizes emergency powers, an emergency services office, coordination of state emergency functions, mutual aid, and other actions needed to carry out 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 1. Purpose [8550 - 8551] ( Article 1 added by Stats. 1970, Ch. 1454. ) ## 8550. The state has long recognized its responsibility to mitigate the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state. To ensure that preparations within the state will be adequate to deal with such emergencies, it is hereby found and declared to be necessary: (a) To confer upon the Governor and upon the chief executives and governing bodies of political subdivisions of this state the emergency powers provided herein; and to provide for state assistance in the organization and maintenance of the emergency programs of such political subdivisions. (b) To provide for a state office to be known and referred to as the Office of Emergency Services, within the office of the Governor, and to prescribe the powers and duties of the director of that office. (c) To provide for the assignment of functions to state entities to be performed during an emergency and for the coordination and direction of the emergency actions of those entities. (d) To provide for the rendering of mutual aid by the state government and all its departments and agencies and by the political subdivisions of this state in carrying out the purposes of this chapter. (e) To authorize the establishment of such organizations and the taking of such actions as are necessary and proper to carry out the provisions of this chapter. It is further declared to be the purpose of this chapter and the policy of this state that all emergency services functions of this state be coordinated as far as possible with the comparable functions of its political subdivisions, of the federal government including its various departments and agencies, of other states, and of private agencies of every type, to the end that the most effective use may be made of all manpower, resources, and facilities for dealing with any emergency that may occur. (Amended by Stats. 2013, Ch. 352, Sec. 111. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  105. 85500.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 5. Independent Expenditures [85500 - 85505] ( Article 5 repealed and added by Stats. 2000, Ch. 102, Sec. 62. )

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    Certain committees must file an online or electronic report with the Secretary of State within 24 hours after making qualifying independent expenditures of $1,000 or more.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 5. Independent Expenditures [85500 - 85505] ( Article 5 repealed and added by Stats. 2000, Ch. 102, Sec. 62. ) ## 85500. (a) In addition to any other report required by this title, a committee, including a political party committee, that is required to file reports pursuant to Section 84605 and that makes independent expenditures of one thousand dollars ($1,000) or more during an election cycle in connection with a candidate for elective state office or state ballot measure, shall file online or electronically a report with the Secretary of State disclosing the making of the independent expenditure. This report shall disclose the same information required by subdivision (b) of Section 84204 and shall be filed within 24 hours of the time the independent expenditure is made. (b) An expenditure may not be considered independent, and shall be treated as a contribution from the person making the expenditure to the candidate on whose behalf, or for whose benefit, the expenditure is made, if the expenditure is made under any of the following circumstances: (1) The expenditure is made with the cooperation of, or in consultation with, the candidate on whose behalf, or for whose benefit, the expenditure is made, or any controlled committee or any agent of the candidate. (2) The expenditure is made in concert with, or at the request or suggestion of, the candidate on whose behalf, or for whose benefit, the expenditure is made, or any controlled committee or any agent of the candidate. (3) The expenditure is made under any arrangement, coordination, or direction with respect to the candidate or the candidate’s agent and the person making the expenditure. (Amended by Stats. 2001, Ch. 241, Sec. 12. Effective September 4, 2001. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  106. 85501.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 5. Independent Expenditures [85500 - 85505] ( Article 5 repealed and added by Stats. 2000, Ch. 102, Sec. 62. )

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    A controlled committee of a candidate may not make independent expenditures or give funds to another committee for that purpose.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 5. Independent Expenditures [85500 - 85505] ( Article 5 repealed and added by Stats. 2000, Ch. 102, Sec. 62. ) ## 85501. A controlled committee of a candidate may not make independent expenditures and may not contribute funds to another committee for the purpose of making independent expenditures to support or oppose other candidates. (Amended by Stats. 2001, Ch. 241, Sec. 13. Effective September 4, 2001. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  107. 8551.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 1. Purpose [8550 - 8551] ( Article 1 added by Stats. 1970, Ch. 1454. )

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    This chapter may be cited as the California Emergency Services 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 1. Purpose [8550 - 8551] ( Article 1 added by Stats. 1970, Ch. 1454. ) ## 8551. This chapter may be cited as the “California Emergency Services Act.” (Added by Stats. 1970, Ch. 1454.)
  108. 8555.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

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    The definitions in this article govern how this chapter is interpreted, unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8555. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this chapter. (Added by Stats. 1970, Ch. 1454.)
  109. 8556.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

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    “Governor” is defined to include the Governor or the person who has received the Governor’s powers and duties under the California Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8556. “Governor” means the Governor or the person upon whom the powers and duties of the office of Governor have devolved pursuant to Section 10 of Article V of the California Constitution. (Added by Stats. 1970, Ch. 1454.)
  110. 8557.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

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    This section defines several terms used in the California Emergency Services Act, including state agency, political subdivision, public facility, sudden and severe energy shortage, and deenergization event.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8557. (a) “State agency” means any department, division, independent establishment, or agency of the executive branch of the state government. (b) “Political subdivision” includes any city, city and county, county, district, or other local governmental agency or public agency authorized by law. (c) “Governing body” means the legislative body, trustees, or directors of a political subdivision. (d) “Chief executive” means that individual authorized by law to act for the governing body of a political subdivision. (e) “Disaster council” and “disaster service worker” have the meaning prescribed in Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code. (f) “Public facility” means any facility of the state or a political subdivision, which facility is owned, operated, or maintained, or any combination thereof, through moneys derived by taxation or assessment. (g) “Sudden and severe energy shortage” means a rapid, unforeseen shortage of energy, resulting from, but not limited to, events such as an embargo, sabotage, or natural disasters, and that has a statewide, regional, or local impact. (h) For purposes of this chapter, a “deenergization event” means a planned power outage, undertaken by an electrical corporation, as defined in Section 218 of the Public Utilities Code, to reduce the risk of wildfires caused by utility equipment, pursuant to Public Utilities Commission Resolution ESRB-8 and any decisions issued by the commission, the former Wildfire Safety Division, as set forth in former Section 326 of the Public Utilities Code, the Office of Energy Infrastructure Safety, or any other agency with authority over electrical corporations. A deenergization event begins when an electrical corporation provides notice to any state agency or political subdivision of the potential need to initiate a planned deenergization of the electrical grid, and ends when the electrical corporation restores electrical services to all deenergized customers, or when the electrical corporation cancels the deenergization event for some or all of its affected customers, and rescinds the notice of the potential need to initiate the deenergization event. A deenergization event does not include any planned outages in connection with regular utility work. (Amended by Stats. 2025, Ch. 119, Sec. 3. (SB 254) Effective September 19, 2025.)
  111. 8558.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

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    This section defines three emergency levels: state of war emergency, state of emergency, and local emergency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8558. Three conditions or degrees of emergency are established by this chapter: (a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events. (Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.)
  112. 8559.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

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    This section defines “mutual aid region” and “operational area” for the state emergency services organization.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8559. (a) A “mutual aid region” is a subdivision of the state emergency services organization, established to facilitate the coordination of mutual aid and other emergency operations within an area of the state consisting of two or more county operational areas. (b) An “operational area” is an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. (Added by Stats. 1970, Ch. 1454.)
  113. 856.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

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    A public entity and a public employee acting within the scope of employment are generally not liable for injuries from certain confinement, parole, leave, or release decisions made under applicable law.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 856. (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for any injury resulting from determining in accordance with any applicable enactment: (1) Whether to confine a person for mental illness or addiction. (2) The terms and conditions of confinement for mental illness or addiction. (3) Whether to parole, grant a leave of absence to, or release a person confined for mental illness or addiction. (b) A public employee is not liable for carrying out with due care a determination described in subdivision (a). (c) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in carrying out or failing to carry out: (1) A determination to confine or not to confine a person for mental illness or addiction. (2) The terms or conditions of confinement of a person for mental illness or addiction. (3) A determination to parole, grant a leave of absence to, or release a person confined for mental illness or addiction. (Amended by Stats. 1970, Ch. 1099.)
  114. 856.2.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    Public entities and public employees are generally not liable for injuries involving an escaping or escaped person who had been confined for mental illness or addiction, but a public employee may still be liable for fraud, corruption, actual malice, or negligent or wrongful conduct during recapture.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 856.2. (a) Neither a public entity nor a public employee is liable for: (1) An injury caused by an escaping or escaped person who has been confined for mental illness or addiction. (2) An injury to, or the wrongful death of, an escaping or escaped person who has been confined for mental illness or addiction. (b) Nothing in this section exonerates a public employee from liability: (1) If he acted or failed to act because of actual fraud, corruption, or actual malice. (2) For injuries inflicted as a result of his own negligent or wrongful act or omission on an escaping or escaped mental patient in recapturing him. (Amended by Stats. 1970, Ch. 1099.)
  115. 856.4.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    Except as provided in Section 815.6, a public entity and a public employee acting within the scope of employment are not liable for injury caused by failure to admit someone to a public medical facility.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 856.4. Except as provided in Section 815.6, neither a public entity nor a public employee acting in the scope of his employment is liable for an injury resulting from the failure to admit a person to a public medical facility. (Added by Stats. 1963, Ch. 1681.)
  116. 856.6.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section limits liability for certain public entities, employees, and volunteers in the 1976 influenza program, requires notice and minor-parent consent materials, and allows authorized individuals to give influenza vaccine under supervision in community programs.

    ## 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 5. Medical, Hospital and Public Health Activities [854 - 856.6] ( Chapter 5 added by Stats. 1963, Ch. 1681. ) ## 856.6. (a) A public entity, public employee, or volunteer, participating in the National Influenza Program of 1976, shall not be liable for an injury caused by an act or omission in the promotion of a community program or the administration of vaccine in a community program, including the residual effects of the vaccine, unless the act or omission constitutes willful misconduct. (b) All promotions of a community program and oral and written information provided for purposes of consent to a person requesting inoculation shall contain notice of the provisions of subdivision (a) of this section. In the event the person to be inoculated is a minor, the parents or legal guardian of said minor must be informed orally or in writing of the provisions of subdivision (a) of this section and said parents or legal guardian must consent in writing to the inoculation of said minor person. The State Department of Health shall prescribe a form to be used in community programs which notifies a person of the provisions of subdivision (a) and contains a provision by which the person acknowledges that he has been so notified and understands the legal effect of the subdivision. (c) As used in the section: (1) “Community program” means a public program conducted by a state, city, county, or district health agency under the National Influenza Program of 1976 or a public or private organization which has entered into a contract with a state, city, county, or district health agency, with the approval of the State Department of Health, to provide services pursuant to the National Influenza Program of 1976. (2) “Volunteer” means a licensed health professional, licensed health facility, organization, or individual participating in a community program. (d) Notwithstanding any other provision of law, an individual authorized by the State Department of Health may administer influenza vaccine under the supervision of a licensed health professional in a community program using a jet injection apparatus. (Added by Stats. 1976, Ch. 427.)
  117. 8560.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    This section defines “emergency plans” and “State Emergency Plan.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8560. (a) “Emergency plans” means those official and approved documents which describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, the emergency services of governmental agencies, mobilization of resources, mutual aid, and public information. (b) “State Emergency Plan” means the State of California Emergency Plan as approved by the Governor. (Added by Stats. 1970, Ch. 1454.)
  118. 85600.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 6. Ballot Pamphlet [85600 - 85601] ( Article 6 repealed and added by Stats. 2000, Ch. 102, Sec. 64. )

    Verify source ↗

    The Secretary of State must list certain statewide candidates in the state voter information guide, and local elections officers must list certain State Senate and Assembly candidates in the county voter information guide, if those candidates voluntarily agreed to the expenditure limits in Section 85400.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 6. Ballot Pamphlet [85600 - 85601] ( Article 6 repealed and added by Stats. 2000, Ch. 102, Sec. 64. ) ## 85600. The Secretary of State shall designate in the state voter information guide those candidates for statewide elective office, as defined in Section 82053, who have voluntarily agreed to the expenditure limitations set forth in Section 85400. Local elections officers shall designate in the county voter information guide those candidates for State Senate and Assembly who have voluntarily agreed to the expenditure limitations set forth in Section 85400. (Amended by Stats. 2025, Ch. 249, Sec. 7. (AB 1511) Effective January 1, 2026. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  119. 85601.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 6. Ballot Pamphlet [85600 - 85601] ( Article 6 repealed and added by Stats. 2000, Ch. 102, Sec. 64. )

    Verify source ↗

    Eligible candidates may buy space for a short statement in the state or county voter information guide, but the statement cannot exceed 250 words or mention an opponent.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 6. Ballot Pamphlet [85600 - 85601] ( Article 6 repealed and added by Stats. 2000, Ch. 102, Sec. 64. ) ## 85601. (a) A candidate for statewide elective office, as defined in Section 82053, who accepts the voluntary expenditure limits set forth in Section 85400 may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide. (b) Notwithstanding subdivision (e) of Section 88001 of this code or subdivision (e) of Section 9084 of the Elections Code, the Secretary of State may not include in the state voter information guide a statement from a candidate who has not voluntarily agreed to the expenditure limitations set forth in Section 85400. (c) A candidate for State Senate or Assembly who accepts the voluntary expenditure limits set forth in Section 85400 may purchase the space to place a statement in the county voter information guide that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with the timeframes and procedures set forth in the Elections Code for the preparation of the county voter information guide. (Amended by Stats. 2025, Ch. 249, Sec. 8. (AB 1511) Effective January 1, 2026. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  120. 8561.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    This section defines “Master Mutual Aid Agreement.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8561. “Master Mutual Aid Agreement” means the California Disaster and Civil Defense Master Mutual Aid Agreement, made and entered into by and between the State of California, its various departments and agencies, the various political subdivisions of the state, and federally recognized California Indian tribes, to facilitate implementation of the purposes of this chapter. (Amended by Stats. 2021, Ch. 292, Sec. 2. (SB 816) Effective January 1, 2022.)
  121. 8562.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    This section defines “first responder” and says the definition does not create a retirement-benefit right. It also bars employers from offering or implying an unavailable retirement benefit formula for employees or prospective employees in the covered classification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 2. General Definitions [8555 - 8562] ( Article 2 added by Stats. 1970, Ch. 1454. ) ## 8562. (a) “First responder” means an employee of the state or a local public agency who provides emergency response services, including any of the following: (1) A peace officer, as defined in Section 830 of the Penal Code. (2) A firefighter, as defined in Section 50925. (3) A paramedic, as defined in Section 1797.84 of the Health and Safety Code. (4) An emergency medical technician, as defined in Sections 1797.80 and 1797.82 of the Health and Safety Code. (5) A public safety dispatcher or public safety telecommunicator. For the purposes of this paragraph, “public safety dispatcher or public safety telecommunicator” means an individual employed by a public safety agency, as the initial first responder, whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who promotes from this position and supervises individuals who perform these functions. (b) (1) Subdivision (a) shall not confer a right to, or entitlement upon, an employee or prospective employee to obtain a retirement benefit formula for an employment classification that is either not included in, or is expressly excluded from, that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 (Chapter 21 (commencing with Section 7522) of Division 7 of Title 1), the Public Employees’ Retirement Law (Division 5 (commencing with Section 20000)), or the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3.) (2) An employer shall not offer, or indicate an ability to offer, to an employee or prospective employee a retirement benefit formula for an employment classification that is not included in, or is expressly excluded from, that formula pursuant to the California Public Employees’ Pension Reform Act of 2013 (Chapter 21 (commencing with Section 7522) of Division 7 of Title 1), Public Employees’ Retirement Law (Division 5 (commencing with Section 20000)), or the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), because the employment classification is included in subdivision (a). (Added by Stats. 2020, Ch. 68, Sec. 1. (AB 1945) Effective January 1, 2021.)
  122. 8565.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor has the powers granted by this article, in addition to any other powers granted by 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8565. The Governor shall have the powers granted by this article, which powers shall be in addition to any other powers granted to him by this chapter. (Added by Stats. 1970, Ch. 1454.)
  123. 8565.1.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor may establish a committee or board of state agency heads when needed to obtain information or advice or to help develop or carry out plans 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8565.1. Nothing in this chapter shall operate to prevent the Governor from establishing a committee or board composed of heads of state agencies, should the Governor deem it necessary to aid him or her in obtaining information or advice, assisting in developing or carrying out plans, or otherwise acting in accomplishment of the purposes of this chapter. (Added by Stats. 2011, Ch. 36, Sec. 3. (SB 92) Effective June 30, 2011. Operative January 1, 2012, by Sec. 83 of Ch. 36.)
  124. 8566.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor may spend any appropriation for support of the California Emergency Services Act to carry out this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8566. The Governor is empowered to expend any appropriation for support of the California Emergency Services Act to carry out the provisions of this chapter. (Added by Stats. 1970, Ch. 1454.)
  125. 8567.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor may issue, amend, and rescind emergency orders and regulations, and must publicize them; some must be in writing and filed with state and county officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8567. (a) The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter. The orders and regulations shall have the force and effect of law. Due consideration shall be given to the plans of the federal government in preparing the orders and regulations. The Governor shall cause widespread publicity and notice to be given to all such orders and regulations, or amendments or rescissions thereof. (b) Orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance. Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect. (c) All orders and regulations relating to the use of funds pursuant to Article 16 (commencing with Section 8645) shall be prepared in advance of any commitment or expenditure of the funds. Other orders and regulations needed to carry out the provisions of this chapter shall, whenever practicable, be prepared in advance of a state of war emergency or state of emergency. (d) All orders and regulations made in advance of a state of war emergency or state of emergency shall be in writing, shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. As soon thereafter as possible they shall be filed in the office of the Secretary of State and with the county clerk of each county. (Amended by Stats. 2011, Ch. 36, Sec. 4. (SB 92) Effective June 30, 2011. Operative January 1, 2012, by Sec. 83 of Ch. 36.)
  126. 8568.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The State Emergency Plan applies in every political subdivision, and each local governing body must take whatever action is needed to carry it out.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8568. The State Emergency Plan shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof. (Added by Stats. 1970, Ch. 1454.)
  127. 8569.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor must coordinate the State Emergency Plan and related emergency-mitigation programs, and coordinate local emergency plans and programs so they fit with the state, federal, and other states’ plans as fully as possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8569. The Governor shall coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency in this state; and he shall coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of this state, such plans and programs to be integrated into and coordinated with the State Emergency Plan and the plans and programs of the federal government and of other states to the fullest possible extent. (Added by Stats. 1970, Ch. 1454.)
  128. 8570.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor may take specified emergency-preparedness actions in line with the State Emergency Plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8570. The Governor may, in accordance with the State Emergency Plan and programs for the mitigation of the effects of an emergency in this state: (a) Ascertain the requirements of the state or its political subdivisions for food, clothing, and other necessities of life in the event of an emergency. (b) Plan for, procure, and pre-position supplies, medicines, materials, and equipment. (c) Use and employ any of the property, services, and resources of the state as necessary to carry out the purposes of this chapter. (d) Provide for the approval of local emergency plans. (e) Provide for mobile support units. (f) Provide for use of public airports. (g) Institute training programs and public information programs. (h) Make surveys of the industries, resources, and facilities, both public and private, within the state, as are necessary to carry out the purposes of this chapter. (i) Plan for the use of any private facilities, services, and property and, when necessary, and when in fact used, provide for payment for that use under the terms and conditions as may be agreed upon. (j) Take all other preparatory steps, including the partial or full mobilization of emergency organizations in advance of an actual emergency; and order those test exercises needed to insure the furnishing of adequately trained and equipped personnel in time of need. (Amended by Stats. 1994, Ch. 644, Sec. 1. Effective January 1, 1995.)
  129. 8570.3.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Office of Emergency Services must update the State Emergency Plan by July 31, 2015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8570.3. On or before July 31, 2015, the Office of Emergency Services shall update the State Emergency Plan to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster. (Added by Stats. 2013, Ch. 187, Sec. 2. (AB 918) Effective January 1, 2014.)
  130. 8570.4.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Office of Emergency Services must keep the State Emergency Plan updated on a recurring schedule and coordinate with specified representatives when doing so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8570.4. (a) The Office of Emergency Services shall update the State Emergency Plan on or before January 1, 2019, and every five years thereafter. (b) (1) The office shall, when complying with subdivision (a), coordinate with representatives, including, but not limited to, social service agencies, nonprofit organizations, and transportation providers, from the access and functional needs population regarding the integration of access and functional needs into the State Emergency Plan. (2) As used in this subdivision, “access and functional needs population” has the same meaning as described in Section 8593.3. (c) (1) As soon as possible, but no later than January 1, 2029, and every five years thereafter, the office shall update the State Emergency Plan to include proposed policies and best practices for local government and nongovernmental entities to equitably serve lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) communities during an emergency or natural disaster. (2) In complying with this subdivision, the office shall coordinate with representatives, including, but not limited to, social service agencies, nonprofit organizations, advocates, and researchers, from LGBTQ+ communities regarding the integration of LGBTQ+ communities into the State Emergency Plan. (Amended by Stats. 2024, Ch. 322, Sec. 2. (SB 990) Effective January 1, 2025.)
  131. 8570.5.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Office of Emergency Services must create a guidance document for the state emergency plan about responding to agriculture-related disasters, and it must be completed by January 2002 and updated by January 2009.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8570.5. The Office of Emergency Services shall develop a guidance document to the state emergency plan to specify the response of the state and its political subdivisions to agriculture-related disasters. This document shall be completed by January 2002, and updated by January 2009, and shall include, but not be limited to, all of the following: (a) The roles and responsibilities of the county agricultural commissioners. (b) The roles and responsibilities of the Department of Agriculture and other relevant state agencies that are involved in the response to agriculture-related disasters. (c) Coordination of initial and ongoing crop damage assessments. (d) Disaster assistance between the time of the request for a federal disaster declaration and issuance of a federal declaration. (e) State assistance available if a requested federal declaration is not issued. (f) State assistance under a United States Department of Agriculture designation rather than a federal declaration. (g) State assistance for long-term unemployment in areas with high unemployment rates prior to an emergency. (h) Provision for the removal and elimination of extraordinary numbers of dead livestock for purposes of protecting public health and safety. (i) Strategies to assist in the development of an integrated and coordinated response by community-based organizations to the victims of agriculture-related disasters. (j) Procedures for the decontamination of individuals who have been or may have been exposed to hazardous materials, which may vary depending on the hazards posed by a particular hazardous material. The report shall specify that individuals shall be assisted in a humanitarian manner. (k) Integration of various local and state emergency response plans, including, but not limited to, plans that relate to hazardous materials, oil spills, public health emergencies, and general disasters. (Amended by Stats. 2013, Ch. 352, Sec. 112. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  132. 8570.6.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Office of Emergency Services must include certain electrical-outage risk evaluations in the next State Hazard Mitigation Plan update and, when needed, identify cost-effective measures to reduce those risks.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8570.6. (a) The Office of Emergency Services shall include in the next update of the State Hazard Mitigation Plan required pursuant to the federal Disaster Mitigation Act of 2000 (Public Law 106-390), within its hazard identification and risk analysis, an evaluation of risks from an electromagnetic pulse attack, a geomagnetic storm event, and from other potential causes of a long-term electrical outage. As necessary, based on that analysis, the plan shall identify cost-effective and feasible measures to lessen risks from those hazards, including, but not limited to, hardening the critical infrastructure of electrical utilities. (b) Nothing in this section limits the authority or responsibilities of the Public Utilities Commission with respect to disaster and emergency preparedness plans pursuant to Section 768.6 of the Public Utilities Code. (Added by Stats. 2018, Ch. 353, Sec. 2. (SB 1076) Effective January 1, 2019.)
  133. 85700.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    A candidate or committee must return certain contributions of $100 or more within 60 days if required contributor information is not on file.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85700. (a) A candidate or committee shall return not later than 60 days of receipt by the candidate or committee any contribution of one hundred dollars ($100) or more for which the candidate or committee does not have on file in the records of the candidate or committee the name, address, occupation, and employer of the contributor. (b) A candidate or committee may return a contribution pursuant to subdivision (a) after the date that the candidate or committee has reported the contribution under any provision of this title. (Amended by Stats. 2001, Ch. 241, Sec. 16. Effective September 4, 2001. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  134. 85701.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    A candidate or committee that receives a contribution in violation of Section 84301 must pay the amount of that contribution to the state General Fund.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85701. Any candidate or committee that receives a contribution in violation of Section 84301 shall pay to the General Fund of the state the amount of the contribution. (Repealed and added by Stats. 2000, Ch. 102, Sec. 66. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, as amended by Stats. 2001, Ch. 241, Sec. 18.)
  135. 85701.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    Candidates and committees must use affirmative consent for recurring contributions, give cancellation and receipt information, and return or stop charges promptly when required.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85701.5. (a) (1) A solicitation by a candidate or committee, directly or through an agent or intermediary, for a recurring contribution shall be in a form that requires affirmative consent from the person making the recurring contribution. (2) A candidate or committee shall not accept a recurring contribution from a person unless the candidate or committee receives the affirmative consent of the person to make a recurring contribution at the time of the initial contribution. (3) Passive action by the contributor, such as failing to uncheck a pre-checked box authorizing a recurring contribution, does not meet the requirement of affirmative consent under this subdivision. (4) (A) A violation of this subdivision occurs each time a candidate or committee solicits a recurring contribution in a form that does not require affirmative consent or accepts an initial recurring contribution in response to a solicitation that was in a form that did not require affirmative consent from the contributor. (B) A candidate or committee that accepts recurring contributions subsequent to an initial recurring contribution in response to a solicitation that was in a form that did not require affirmative consent from the contributor is liable for a fine not to exceed three times the aggregate amount of the subsequent recurring contributions received if all of the following are true: (i) The candidate or committee knew or should have known that the solicitation required affirmative consent. (ii) The candidate or committee knew or should have known that the contributor did not give affirmative consent for making the recurring contributions. (iii) The recurring contributions, in the aggregate, exceed one thousand dollars ($1,000). (b) A candidate or committee that accepts a recurring contribution described in subdivision (a) shall do all of the following: (1) Provide a receipt to the contributor that clearly and conspicuously discloses all terms of the recurring contribution within three days after the initial contribution is received and within three days after each recurring contribution is received. (2) Provide all necessary information to cancel the recurring contribution in each communication with the contributor that concerns the contribution. (3) Immediately cancel a recurring contribution upon request of the contributor. (c) A recurring contribution accepted in response to a solicitation that did not require affirmative consent shall be returned to the contributor within 14 days of the earlier of receipt of a request from the contributor to return the contribution or the date on which the candidate or committee becomes aware that the solicitation of the recurring contribution was in violation of subdivision (a). A contribution accepted after a contributor requested to cancel a recurring contribution shall be returned to the contributor within 14 days of the request to cancel the recurring contribution. (d) This section does not apply to a sponsored committee soliciting or accepting contributions from the sponsor’s members, affiliates, employees, or shareholders. (e) For purposes of this section, “recurring contribution” means a contribution from a person to a candidate or committee that is automatically charged to the person’s bank account, credit card, or other payment account on a repeated basis, such as weekly or monthly, without approval or any other affirmative consent by the person after their initial contribution to the candidate or committee. (Added by Stats. 2022, Ch. 942, Sec. 1. (AB 775) Effective January 1, 2023.)
  136. 85702.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    An elected state officer, candidate, or lobbyist may not receive or make a contribution covered by this section when the lobbyist is registered to lobby the relevant agency.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85702. An elected state officer or candidate for elected state office may not accept a contribution from a lobbyist, and a lobbyist may not make a contribution to an elected state officer or candidate for elected state office, if that lobbyist is registered to lobby the governmental agency for which the candidate is seeking election or the governmental agency of the elected state officer. (Repealed and added by Stats. 2000, Ch. 102, Sec. 66. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102, as amended by Stats. 2001, Ch. 241, Sec. 18.)
  137. 85702.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    Counties and cities may set their own contribution limits for local elective offices, and they may also adopt enforcement standards, including penalties, for violations.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85702.5. (a) A county or city may, by ordinance or resolution, impose a limit on contributions to a candidate for elective county or city office that is different from the limit set forth in subdivision (d) of Section 85301. The limitation may also be imposed by means of a county or city initiative measure. (b) A county or city that establishes a contribution limit pursuant to subdivision (a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties. (c) The Commission is not responsible for the administration or enforcement of a contribution limit adopted pursuant to subdivision (a). (d) This section shall become operative on January 1, 2021. A county or city’s limit on contributions to a candidate for elective county or city office that is in effect on the operative date of this section shall be deemed to be a limit imposed pursuant to subdivision (a). (Added by Stats. 2019, Ch. 556, Sec. 19. (AB 571) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
  138. 85703.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    Local jurisdictions generally may not impose contribution limits or bans that conflict with this section, and they may not impose contribution limits or prohibitions on certain county central committee candidates, members, or related committees.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85703. (a) This act does not nullify contribution limitations or prohibitions of any local jurisdiction that apply to elections for local elective office, except that these limitations and prohibitions shall not conflict with Section 85312. However, a local jurisdiction shall not impose any contribution limitations or prohibitions on an elected member of, or a candidate for election to, a county central committee of a qualified political party, or on a committee primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party. (b) Limitations and prohibitions imposed by a local jurisdiction on payments for a member communication, as defined in subdivision (c), that conflict with Section 85312 and which are thereby prohibited by subdivision (a) include, but are not limited to, any of the following: (1) Source restrictions on payments for member communications that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the Commission pursuant to Section 83112. (2) Limitations on payments to a political party committee for a member communication that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the Commission pursuant to Section 83112. (3) Limitations on the scope of payments considered directly related to the making of a member communication, including costs associated with the formulation, design, production, and distribution of the communication such as surveys, list acquisition, and consulting fees that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the Commission pursuant to Section 83112. (c) For purposes of this section, “member communication” means a communication, within the meaning of Section 85312, to members, employees, shareholders, or families of members, employees, or shareholders of an organization, including a communication by a political party to a member who is registered as expressing a preference for that party on that member’s affidavit of registration pursuant to Sections 2150, 2151, and 2152 of the Elections Code. (Amended by Stats. 2021, Ch. 50, Sec. 177. (AB 378) Effective January 1, 2022. Note: This section was added by Stats. 2000, Ch. 102, and approved in Prop. 34 on Nov. 7, 2000.)
  139. 8571.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

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    The Governor may suspend certain statutes, rules, and agency regulations during a state of war emergency or a state of emergency if strict compliance would hinder emergency mitigation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8571. During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. (Amended by Stats. 1990, Ch. 1474, Sec. 1.)
  140. 8571.5.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

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    A peace officer may disarm a person only when acting officially and reasonably believing it is immediately necessary for protection; the officer must return the firearm before releasing the person unless there is an arrest or the gun is taken as evidence in a crime investigation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8571.5. Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime. (Added by Stats. 2007, Ch. 715, Sec. 1. Effective January 1, 2008.)
  141. 8572.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    During a war emergency or state of emergency, the Governor may use or commandeer needed private property or personnel, but not newspapers, newspaper wire services, or radio/TV stations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8572. In the exercise of the emergency powers hereby vested in him during a state of war emergency or state of emergency, the Governor is authorized to commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities hereby vested in him as Chief Executive of the state and the state shall pay the reasonable value thereof. Notwithstanding the provisions of this section, the Governor is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but may, during a state of war emergency or state of emergency, and if no other means of communication are available, utilize any news wire services, and the state shall pay the reasonable value of such use. In so utilizing any such facilities, the Governor shall interfere as little as possible with their use for the transmission of news. (Added by Stats. 1970, Ch. 1454.)
  142. 8573.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    The Governor may work with U.S. and state officials and agencies on emergency matters and may take steps needed to carry out their rules, regulations, or suggestions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8573. The Governor may cooperate with the President and the heads of the armed forces and other agencies of the United States, and with officers and agencies of other states, on matters pertaining to emergencies; and he may take any steps he deems necessary to put into effect any rules, regulations, or suggestions made by such persons or agencies. (Added by Stats. 1970, Ch. 1454.)
  143. 8574.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    This section says the chapter does not limit the Governor’s constitutional or statutory powers to proclaim insurrection or martial law and to exercise those powers alone or with 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. ) ## 8574. None of the provisions of this chapter shall limit, modify, or abridge the powers vested in the Governor under the Constitution or statutes of the state by proclamation, to declare any county, city and county, or city, or any portion thereof to be in a state of insurrection or to proclaim the existence of martial law and to exercise all the powers vested in him thereunder independent of, or in conjunction with, any of the provisions of this chapter. (Added by Stats. 1970, Ch. 1454.)
  144. 8574.1.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. )

    Verify source ↗

    The Governor must establish a California oil spill contingency plan under 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. ) ## 8574.1. In addition to any other authority conferred upon the Governor by this chapter, the Governor shall establish a California oil spill contingency plan pursuant to this article. (Amended by Stats. 2004, Ch. 796, Sec. 1. Effective January 1, 2005.)
  145. 8574.16.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.7. Toxic Disasters [8574.16 - 8574.18] ( Article 3.7 added by Stats. 1980, Ch. 805. )

    Verify source ↗

    The Governor must establish a state toxic disaster contingency plan under 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.7. Toxic Disasters [8574.16 - 8574.18] ( Article 3.7 added by Stats. 1980, Ch. 805. ) ## 8574.16. The Governor shall establish a state toxic disaster contingency plan pursuant to this article. (Added by renumbering Section 8574.7 by Stats. 1990, Ch. 1248, Sec. 6. Effective September 24, 1990.)
  146. 8574.17.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.7. Toxic Disasters [8574.16 - 8574.18] ( Article 3.7 added by Stats. 1980, Ch. 805. )

    Verify source ↗

    The section requires a state toxic disaster contingency plan and directs the Office of Emergency Services to create notification and reporting systems for toxic disasters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.7. Toxic Disasters [8574.16 - 8574.18] ( Article 3.7 added by Stats. 1980, Ch. 805. ) ## 8574.17. (a) (1) A state toxic disaster contingency plan established pursuant to this article shall provide for an integrated and effective state procedure to respond to the occurrence of toxic disasters within the state. The plan shall provide for the designation of a lead agency to direct strategy to ameliorate the effects of a toxic disaster, for specified state agencies to implement the plan, for interagency coordination of the training conducted by state agencies pursuant to the plan, and for on-scene coordination of response actions. (2) Notwithstanding any provision of the plan, the authority for the management of the scene of an on-highway toxic spill or disaster shall be vested in the appropriate law enforcement agency having primary traffic investigative authority on the highway where the incident occurs or in a local fire protection agency as provided by Section 2454 of the Vehicle Code. During the preparation of the toxic disaster contingency plan, the Office of Emergency Services shall adopt the recommendations of the Department of the California Highway Patrol in developing response and on-scene procedures for toxic disasters which occur upon the highways, based upon previous studies for such procedures, insofar as the procedures are not inconsistent with the overall plan for initial notification of toxic disasters by public agencies and for after-incident evaluation and reporting. (b) The Office of Emergency Services shall establish a central notification and reporting system to facilitate operation of the state toxic disaster response procedures designated by the toxic disaster contingency plan. (Amended by Stats. 2013, Ch. 352, Sec. 113. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  147. 8574.18.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.7. Toxic Disasters [8574.16 - 8574.18] ( Article 3.7 added by Stats. 1980, Ch. 805. )

    Verify source ↗

    This section defines “toxic disaster” and “toxic substances” 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.7. Toxic Disasters [8574.16 - 8574.18] ( Article 3.7 added by Stats. 1980, Ch. 805. ) ## 8574.18. (a) For purposes of this article, a “toxic disaster” means an occurrence where toxic substances are dispersed in the environment in such a manner as to cause, or potentially cause, injury or death to a significant number of persons or significant harm to the natural environment, as determined by the implementing state agency, through direct or indirect contact with such toxic substances. (b) The toxic disaster contingency plan shall provide a listing of the kinds of toxic substances which pose potential hazards to human health and the environment and which could be the subject of a toxic disaster. For purposes of this article, “toxic substances” means, for highway transportation purposes, substances and materials designated as hazardous by the United States Department of Transportation for purposes of Parts 172, 173, and 177 of Title 49 of the Code of Federal Regulations. (Added by renumbering Section 8574.9 by Stats. 1990, Ch. 1248, Sec. 10. Effective September 24, 1990.)
  148. 8574.19.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s findings and defines “program” as the California Hazardous Substances Incident Response Training and Education Program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. ) ## 8574.19. (a) The Legislature hereby finds and declares that, in order to protect the public health and safety and the environment, and to reduce personal injury and property loss resulting from the sudden release of hazardous substances into the environment, it is necessary to establish a single, coordinated, and standardized hazardous substances incident response training and education plan for firefighters and law enforcement, emergency rescue, and environmental health personnel. A standardized hazardous substances incident response training and education program is necessary to ensure a coordinated emergency response capability throughout the state, and to eliminate duplicative and inconsistent hazardous substances emergency response training and education programs. (b) In enacting this article, the Legislature recognizes that it is necessary to designate a single state agency to be responsible for the development of minimum standards relative to course content and subject matter for training and education of hazardous substance incident response personnel in order to avoid duplication of effort and inconsistent applications of safety procedures and protocols. The Legislature does not intend, by enacting this article, to preempt or nullify any hazardous substance incident response procedures and protocols which take into account existing conditions peculiar to a locality or region. (c) For purposes of this article, “program” means the California Hazardous Substances Incident Response Training and Education Program established pursuant to Section 8574.20. (Added by renumbering Section 8574.11 by Stats. 1990, Ch. 1248, Sec. 12. Effective September 24, 1990.)
  149. 8574.2.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. )

    Verify source ↗

    Plans created under this article must provide a state procedure for responding to major oil spills and must let specified state agencies implement the plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. ) ## 8574.2. Any plan established pursuant to this article shall provide for an integrated and effective state procedure to combat the results of major oil spills within the state. Such plan shall provide for specified state agencies to implement the plan. (Added by Stats. 1972, Ch. 1325.)
  150. 8574.20.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must run the hazardous substances training and education program and carry out listed tasks to support, approve, and certify training and instructors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. ) ## 8574.20. The Office of Emergency Services shall manage the California Hazardous Substances Incident Response Training and Education Program to provide approved classes in hazardous substance response, taught by trained instructors, and to certify students who have completed these classes. To carry out this program, the Office of Emergency Services shall do all of the following: (a) Adopt regulations necessary to implement the program. (b) Establish a training and education program by developing the curriculum to be used in the program in colleges, academies, the California Specialized Training Institute, and other educational institutions, as specified in Section 8574.21. (c) Establish recommended minimum standards for training emergency response personnel and instructors, including, but not limited to, fire, police, and environmental health personnel. (d) Make available a training and education program in the use of hazardous substances emergency rescue, safety, and monitoring equipment, on a voluntary basis, at the California Specialized Training Institute. (e) Train and certify instructors at the California Specialized Training Institute according to standards and procedures developed by the curriculum development advisory committee, as specified in Section 8588.10. (f) Approve classes, as meeting the requirements of the program, if the classes meet the curriculum developed by the Office of Emergency Services pursuant to Section 8574.21 and the instructor received training and certification at the California Specialized Training Institute, as specified in subdivision (e). (g) Certify students who have successfully completed a class approved as meeting the requirements of the program. (h) Review and revise, as necessary, the program. (i) Establish and collect admission fees and other fees that may be necessary to be charged for advanced or specialized training given at the California Specialized Training Institute. These fees shall be used to offset costs incurred pursuant to this article. (Amended by Stats. 2013, Ch. 352, Sec. 114. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  151. 8574.21.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must develop training curriculum and standards; the advisory committee must help, and the CHP Commissioner may treat certain CHP employee-led training as equivalent if certification requirements are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. ) ## 8574.21. (a) The Office of Emergency Services shall develop the curriculum to be used in classes that meet the program requirements and shall adopt standards and procedures for training instructors at the California Specialized Training Institute. (b) The curriculum for the training and education program established pursuant to this article shall include all of the following aspects of hazardous substance incident response actions: (1) First responder training. (2) On-scene manager training. (3) Hazardous substance incident response training for management personnel. (4) Hazardous materials specialist training that equals or exceeds the standards of the National Fire Protection Association. (5) Environmental monitoring. (6) Hazardous substance release investigations. (7) Hazardous substance incident response activities at ports. (c) The curriculum development advisory committee described in Section 8588.10 shall advise the Office of Emergency Services on the development of course curricula and the standards and procedures specified in subdivision (a). In advising the Office of Emergency Services, the committee shall do the following: (1) Assist, and cooperate with, representatives of the Board of Governors of the California Community Colleges in developing the course curricula. (2) Ensure that the curriculum developed pursuant to this section is accredited by the State Board of Fire Services. (3) Define equivalent training and experience considered as meeting the initial training requirements as specified in subdivision (a) that existing employees might have already received from actual experience or formal education undertaken, and which would qualify as meeting the requirements established pursuant to this article. (d) This article does not affect the authority of the State Fire Marshal granted pursuant to Section 13142.4 or 13159 of the Health and Safety Code. (e) Upon completion of instructor training and certification pursuant to subdivision (e) of Section 8574.20 by any employee of the Department of the California Highway Patrol, the Commissioner of the California Highway Patrol may deem any training programs taught by that employee to be equivalent to any training program meeting the requirements established pursuant to this article. (Amended by Stats. 2013, Ch. 352, Sec. 115. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  152. 8574.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services may hire professional and clerical staff, but anyone hired under this section must be employed only at the California Specialized Training Institute.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.8. Hazardous Substances Emergency Response Training [8574.19 - 8574.22] ( Article 3.8 added by Stats. 1986, Ch. 1503, Sec. 1. ) ## 8574.22. The Office of Emergency Services may hire professional and clerical staff pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2). However, any person employed pursuant to this section shall be employed only at the California Specialized Training Institute. (Amended by Stats. 2013, Ch. 352, Sec. 116. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  153. 8574.3.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. )

    Verify source ↗

    State agencies authorized to implement a plan under this article may use volunteer workers, and those volunteers are treated as state employees for workers’ compensation 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. ) ## 8574.3. State agencies granted authority to implement a plan adopted under this article may use volunteer workers. The volunteers shall be deemed employees of the state for the purpose of workers’ compensation under Article 2 (commencing with Section 3350) of Chapter 2 of Part 1 of Division 4 of the Labor Code. Any payments for workers’ compensation under this section shall be made from the account specified in Section 8574.4. (Amended by Stats. 1981, Ch. 714, Sec. 170.)
  154. 8574.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    This section defines terms used in this article, including Board, Director, Fund, hazardous material, Office, Owner, Person, Railroad, and Rail car.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.30. For purposes of this article, the following terms have the following meanings: (a) “Board” means the State Board of Equalization. (b) “Director” means the Director of Emergency Services. (c) “Fund” means the Regional Railroad Accident Preparedness and Immediate Response Fund established pursuant to Section 8574.44. (d) “Hazardous material” means a material that the United States Department of Transportation has designated as a hazardous material for purposes of transportation in Part 172 of Title 49 of the Code of Federal Regulations. (e) “Office” means the Office of Emergency Services. (f) “Owner” means the person who has the ultimate control over, and the right to use or sell, the hazardous material being shipped. There is a rebuttable presumption that the shipper, consignor, or consignee of the hazardous material is the owner of the hazardous material. This presumption may be overcome by showing that ownership of the hazardous material rests with someone other than the shipper, consignor, or consignee. Evidence to rebut the presumption may include, but is not limited to, documentation, including a bill of lading, shipping document, bill of sale, or other medium, that shows the ownership of the hazardous material rests in a person other than the shipper, consignor, or consignee. (g) “Person” means an individual, trust, firm, joint stock company, other entity, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, and the United States and agencies and instrumentalities, to the extent permitted by law. (h) “Railroad” has the same meaning as defined in Section 229 of the Public Utilities Code. (i) “Rail car” means a loaded or unloaded railroad car or rolling stock designated to transport hazardous material commodities, and includes, but is not limited to, those railroad cars subject to the requirements of Part 179 (commencing with Section 179.1) of Title 49 of the Code of Federal Regulations, or successor regulations adopted by the United States Department of Transportation. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  155. 8574.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    The director must set a fee schedule for certain hazardous-material rail shipments, and the fee is collected and paid to the board by the train operator in specified situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.32. (a) (1) The director shall establish a schedule of fees, to be paid by each person owning any of the 25 most hazardous material commodities, as identified in regulations adopted by the office, that are transported by rail in California, that shall be sufficient to fund the appropriation from the fund pursuant to Section 8574.44, to reimburse the California High-Cost Fund-B Administrative Committee Fund for any moneys loaned, and to maintain a reserve for operating costs. The fee shall be based on each loaded rail car as described in subdivision (b). (2) Prior to the adoption of regulations identifying the 25 most hazardous material commodities, the fee shall apply to the top 25 hazardous material commodities identified by the Association of American Railroads Bureau of Explosives’ Annual Report of Non-Accident Releases of Hazardous Materials Transported by Rail, published in August, 2013. (b) (1) Within six months of the director establishing a schedule of fees pursuant to subdivision (a), the fee shall be imposed on a person owning hazardous material at the time that hazardous material is transported by loaded rail car. The fee shall be based on each loaded rail car. (A) If the loaded rail car enters the state from outside this state, the fee shall be imposed on the owner of the hazardous material at the time the loaded rail car enters this state. The person operating the train containing the rail car shall collect the fee from the owner of the hazardous material and shall pay the fee to the board. The fee shall be collected consistent with the requirements of the commerce clause of the United States Constitution. (B) If the rail car is loaded within this state, the fee shall be imposed upon the loading of hazardous material into or onto the rail car for transport in or through this state. The person operating the train containing the rail car shall collect the fee from the owner of the hazardous material at the time the rail car is loaded and shall pay the fee to the board. The fee shall be collected consistent with the requirements of the commerce clause of the United States Constitution. (2) The fee shall be paid to the board by the person operating the train containing the rail car at the time the return is required to be filed, as specified in Section 8574.38, based on the number of loaded hazardous material rail cars transported within the state. (3) Any fee collected from an owner of hazardous materials pursuant to this section that has not been remitted to the board shall be deemed a debt owed to the state by the person required to collect and remit the fee. (4) (A) The owner of the hazardous material is liable for the fee until it has been paid to the board, except that payment to a person operating the train containing the rail car registered under this article is sufficient to relieve the owner from further liability for the fee. (B) The railroad shall be entitled to collect an amount not to exceed 5 percent of the fee collected pursuant to this section to offset the administrative cost to collect the fee. (5) Any owner or railroad that has paid the fee pursuant to this section shall not be assessed any additional fee under this section for further transporting the same hazardous materials in the same rail cars on a different railroad within the state. (c) The fee shall be fair, as required by subsection (f) of Section 5125 of Title 49 of the United States Code and subsection (c) of Section 107.202 of Title 49 of the Code of Federal Regulations. It is the intent of the Legislature that: (1) the fee shall reflect the cost of preparations to respond to the release of hazardous materials from a rail car or a railroad accident involving a rail car, (2) these preparations shall help contain the damage to railroad systems and operations within the state caused by the release of hazardous materials and better enable owners of hazardous materials to expeditiously transport their materials using the railroad after the release of hazardous materials, and (3) these preparations shall mitigate the exposure of the owners of hazardous materials to compensable damages caused by the release of hazardous materials. The director may exempt from the fee those shipments of hazardous materials that do not merit inclusion in the state regional railroad accident preparedness and immediate response plan developed pursuant to Section 8574.48, and those shipments of hazardous materials that do not merit additional governmental preparation to respond to their release in the event of a railroad accident. (d) The fee shall not result in the collection of moneys that exceed the reasonable regulatory costs to the state for the purposes specified in subdivision (e) of Section 8574.44. The director shall set the fee consistent with Section 3 of Article XIII A of the California Constitution. (e) The director shall be responsible for reporting fee information to the federal Secretary of Transportation pursuant to paragraph (2) of subsection (f) of Section 5125 of Title 49 of the United States Code. (f) The director may authorize payment of a portion, but not the entire amount, of fees owed through contributions in kind of equipment, materials, or services. (g) The director shall create an industry advisory committee to advise the director on setting the fee and on other policy matters related to industry-based shipment of hazardous materials and private sector-based accident response. The committee shall consist of representatives from the following: (1) Hazardous materials specialist from the railroad industry. (2) Operation specialist from the railroad industry. (3) Fire and safety specialist from refinery industry. (4) Chemical hazardous materials specialists. (5) Agricultural chemical industry. (6) Firefighting Resources of California Organized for Potential Emergencies (FIRESCOPE). (7) Local emergency preparedness commissions (LEPCs). (8) California Fire Chiefs Association. (9) California Professional Firefighters. (10) California State Firefighters Association. (11) California Emergency Services Association. (12) Fire Districts Association of California. (13) The public. (h) (1) The director shall reconsider the amount of the fee, and adjust the fee if appropriate, not less frequently than every three years, with due consideration for existing and expected operational and continued resource requirements. (2) The director shall conduct an analysis of industry capabilities and resource requirements to assist in the reconsideration of the amount of the established fee. The director may arrange for the analysis to be performed by a third party that is either a public or private entity. Upon finalization of the analysis, the analysis shall be delivered as a report to the Department of Finance, the Legislature, and the Legislative Analyst’s Office. (3) The submission of the analysis to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  156. 8574.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    Operators of railroads that transport hazardous materials by rail car must register with the board under the cited Revenue and Taxation Code section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.34. Every person who operates a railroad that transports hazardous materials by rail car shall register with the board pursuant to Section 55021 of the Revenue and Taxation Code. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  157. 8574.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    The board must administer and collect the fee under Section 8574.32 according to the Fee Collection Procedures 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.36. The fee imposed pursuant to Section 8574.32 shall be administered and collected by the board in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this section, the references in the Fee Collection Procedures Law to “fee” shall include the fee imposed by this article, and references to “feepayer” shall include a person required to pay the fee imposed by this article. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  158. 8574.38.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    A person required to register with the board must prepare and file the required return, include information the board deems necessary, and file it by the end of the month after the quarter ends with the fee remittance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.38. The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register with the board, in the form prescribed by the board, and shall contain that information the board deems necessary or appropriate for the proper administration of this article and the Fee Collection Procedures Law. The return shall be filed on or before the last day of the calendar month following the calendar quarter to which it relates, together with a remittance payable to the board for the fee amount due for that period. Returns shall be authenticated in a form, or pursuant to methods, as may be prescribed by the board. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  159. 8574.4.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. )

    Verify source ↗

    Designated state agencies must account for oil-spill expenditures under the contingency plan, and different funding sources apply depending on where the spill occurred and what costs are involved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. ) ## 8574.4. State agencies designated to implement the contingency plan shall account for all state expenditures made under the plan with respect to each oil spill. Expenditures accounted for under this section from an oil spill in waters of the state shall be paid from the Oil Spill Response Trust Fund created pursuant to Section 8670.46. All other expenditures accounted for under this section shall be paid from the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund provided for in Article 3 (commencing with Section 13440) of Chapter 6 of Division 7 of the Water Code. If the party responsible for the spill is identified, that party shall be liable for the expenditures accounted for under this section, in addition to any other liability that may be provided for by law, in an action brought by the Attorney General. The proceeds from any action for a spill in marine waters shall be paid into the Oil Spill Response Trust Fund. (Amended by Stats. 2014, Ch. 35, Sec. 2. (SB 861) Effective June 20, 2014.)
  160. 8574.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    The board cannot accept or consider certain fee-redetermination petitions or refund claims based on whether rail car contents are hazardous material, and it must forward related appeals and refund claims to the director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.40. Notwithstanding the petition for redetermination and claim for refund provisions of the Fee Collection Procedures Law (Article 3 (commencing with Section 55081) of Chapter 3 of, and Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of Division 2 of the Revenue and Taxation Code), the board shall not: (a) Accept or consider a petition for redetermination of fees determined under this article if the petition is founded upon the grounds that the rail car content is or is not a hazardous material. The board shall forward to the director any appeal of a determination that is based on the grounds that the rail car content is or is not a hazardous material. (b) Accept or consider a claim for refund of fees paid pursuant to this chapter if the claim is founded upon the grounds that the rail car content is or is not a hazardous material. The board shall forward to the director any claim for refund that is based on the grounds that the rail car content is or is not a hazardous material. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  161. 8574.42.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    The board may make and enforce regulations for this article, including emergency regulations needed to implement 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.42. (a) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this article. (b) The board may prescribe, adopt, and enforce any emergency regulations, as necessary, to implement this article. Except as provided in Section 8574.44, any emergency regulation prescribed, adopted, or enforced pursuant to this article shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 and, for purposes of that article, including Section 11349.6, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  162. 8574.44.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    This section creates a state treasury fund, directs how money in it must be used, and gives the director authority to collect capped amounts in certain 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.44. (a) The Regional Railroad Accident Preparedness and Immediate Response Fund is hereby created in the State Treasury. (b) All revenues, interest, penalties, and other amounts collected pursuant to this article shall be deposited into the fund, less refunds and reimbursement to the board for expenses incurred in the administration and collection of the fee. (c) The adoption of regulations pursuant to this section shall be considered by the Office of Administrative Law as an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, emergency regulations adopted by the director and the board pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law and shall remain in effect until revised or repealed by the director. (d) The fund shall be used to reimburse the California High-Cost Fund-B Administrative Committee Fund for any moneys loaned from the California High-Cost Fund-B Administrative Committee Fund to the fund to pay for the Office of Emergency Service’s administrative costs associated with implementation of the fee pursuant to this article. (e) All moneys remaining in the fund after reimbursement of the California High-Cost Fund-B Administrative Committee Fund pursuant to subdivision (d) shall, upon appropriation by the Legislature, be used by the director to pay for the following purposes related to the transportation of hazardous materials: (1) Planning, developing, and maintaining a capability for large-scale hazardous materials releases emergency response relating to railroad accidents involving rail cars carrying hazardous materials, including the risks of explosions and fires. (2) Planning, developing, and maintaining a capability for large-scale hazardous materials releases emergency response relating to releases of hazardous materials from rail cars, including reducing the harmful effects of exposure of those materials to humans and the environment. (3) Creation, support, maintenance, and implementation of the Regional Railroad Accident Preparedness and Immediate Response Force created by Section 8574.48. (4) Acquisition and maintenance of specialized equipment and supplies used to respond to a hazardous materials release from a rail car or a railroad accident involving a rail car. (5) Support of specialized regional training facilities to prepare for and respond to a hazardous materials release from a rail car or a railroad accident involving a rail car. (6) Creation and support of a regional, state level, and local emergency response team to provide immediate onsite response capabilities in the event of large-scale releases of hazardous materials from a rail car or a railroad accident involving a rail car. (7) Support for specialized training for state and local emergency response officials in techniques for prevention of, and response to, release of hazardous materials from a rail car or a railroad accident involving a rail car. (f) For each of the 2015–2016 and 2016–2017 fiscal years, the amount available for appropriation from the fund shall not exceed twenty million dollars ($20,000,000). For the 2017–18 fiscal year and each fiscal year thereafter, the amount available for appropriation from the fund shall not exceed ten million dollars ($10,000,000). (g) (1) For the 2016 calendar year, the director shall have the authority to collect an amount not to exceed twenty million dollars ($20,000,000) for deposit into the fund, which shall be used, upon appropriation by the Legislature, for repayment of loans provided from the California High Cost Fund B Administrative Committee and for purposes related to the transportation of hazardous materials by rail cars pursuant to subdivision (e). (2) For the calendar year 2017, the director shall have the authority to collect an amount not to exceed twenty million dollars for deposit into the fund, which shall be used, upon appropriation by the Legislature, for purposes related to the transportation of hazardous materials by rail cars pursuant to subdivision (e). (3) (A) Commencing on January 1, 2018, and following an initial review of the amount of the fee by the industry advisory committee established pursuant to subdivision (g) of Section 8574.32 and an initial reconsideration of the amount of the fee by the director pursuant to paragraph (1) of subdivision (h) of Section 8574.32, the director shall have the authority to collect an amount not to exceed ten million dollars ($10,000,000) annually for deposit into the fund. (B) For calendar years subsequent to the 2018 calendar year, the director shall reconsider the amount of the fee pursuant to paragraph (1) of subdivision (h) of Section 8574.32. (h) The board shall inform the director if the amount of fees collected reaches the amount specified in subdivision (g) in each calendar year. (i) Reimbursement to the state for equipment funded by moneys in the fund that are used for emergency response activities unrelated to regional railroad accident preparedness and immediate response as described in this article shall be made pursuant to the state fire service and rescue emergency mutual aid plan adopted pursuant to Section 8619.5 and deposited into the fund. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  163. 8574.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    The director must contract with the Department of Finance to prepare a detailed report, and must submit that report to the Governor and Legislature on schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.46. (a) (1) The director shall contract with the Department of Finance for the preparation of a detailed report on the financial basis and programmatic effectiveness of the regional railroad accident preparedness and immediate response plan and the Regional Railroad Accident Preparedness and Immediate Response Fund. (2) The report shall include an analysis of the fund’s major expenditures, fees, interest, and penalties collected, staffing and equipment levels, moneys used for coordinated training and response under the emergency mutual aid plan, spills responded to, and other relevant issues. (3) The report shall recommend measures to improve the efficiency and effectiveness of the program and fund, including, but not limited to, ensuring fair and equitable funding from the fees and measures to modify or improve the implementation of the regional railroad accident preparedness and immediate response plan for release of hazardous materials from a rail car or a railroad accident involving a rail car. (b) (1) On or before January 1, 2019, and every three years thereafter, the director shall submit the report to the Governor and the Legislature. (2) The report submitted to the Legislature shall be submitted in compliance with Section 9795. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  164. 8574.48.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. )

    Verify source ↗

    This section creates a regional railroad accident response force and requires the Office of Emergency Services to develop a coordinated response plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.9. Regional Railroad Accident Preparedness and Immediate Response [8574.30 - 8574.48] ( Article 3.9 added by Stats. 2015, Ch. 25, Sec. 6. ) ## 8574.48. (a) The Regional Railroad Accident Preparedness and Immediate Response Force is hereby created in the Office of Emergency Services. The force shall be responsible for providing regional and onsite response and mitigation capabilities in the event of a release of hazardous materials from a rail car or a railroad accident involving a rail car and for implementing the state regional railroad accident preparedness and immediate response plan for releases of hazardous materials from a rail car or a railroad accident involving a rail car. The force shall act cooperatively and in concert with existing local emergency response units pursuant to Article 9.5 (commencing with Section 8607). The force shall be established and operate as outlined in, and as a component of, the state fire service and rescue mutual aid plan adopted pursuant to Section 8619.5. The force shall consist of representatives of all of the following: (1) Department of Fish and Wildlife. (2) California Environmental Protection Agency. (3) State Air Resources Board. (4) Department of Resources Recycling and Recovery. (5) California regional water quality control boards. (6) Department of Toxic Substances Control. (7) Department of Pesticide Regulation. (8) Office of Environmental Health Hazard Assessment. (9) State Department of Public Health. (10) Department of the California Highway Patrol. (11) Department of Food and Agriculture. (12) Department of Forestry and Fire Protection. (13) Department of Parks and Recreation. (14) Public Utilities Commission. (15) State Fire Marshal. (16) Emergency Medical Services Authority. (17) California National Guard. (18) Any other potentially affected or participating state, local, or federal agency, as determined by the director. (b) (1) The Office of Emergency Services, in cooperation with all of the entities listed in paragraphs (1) to (18), inclusive, of subdivision (a), shall develop a state regional railroad accident preparedness and immediate response plan that operates in coordination with the state fire service and rescue emergency mutual aid plan. (2) The state regional railroad accident preparedness and immediate response plan shall be an annex to the State Emergency Plan. (c) (1) The Legislature finds and declares that the state has a comprehensive program through the Office of Spill Prevention and Response to prevent and prepare for the risk of a significant discharge of petroleum into state waters, including a discharge caused by the transportation of petroleum by rail. The Legislature further finds and declares that the Regional Accident Preparedness and Immediate Response Force is focused on the emergency response for railroad accidents and rail car discharges involving all designated hazardous materials regardless of where the accident or discharge takes place. (2) The Regional Accident Preparedness and Immediate Response Force and Office of Spill Prevention and Response shall coordinate in their respective authorities and responsibilities pursuant to Article 9.5 (commencing with Section 8607), to avoid any duplication of effort, ensure cooperation, and promote the sharing of information regarding the risk of discharge of petroleum by rail into state waters. (Added by Stats. 2015, Ch. 25, Sec. 6. (SB 84) Effective June 24, 2015.)
  165. 8574.7.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. )

    Verify source ↗

    The Governor must require the administrator to amend California’s oil spill contingency plan, and the administrator must develop protection criteria and related plan elements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. ) ## 8574.7. The Governor shall require the administrator, not in conflict with the National Contingency Plan, to amend the California oil spill contingency plan to provide for the best achievable protection of waters of the state. “Administrator” for purposes of this section means the administrator appointed by the Governor pursuant to Section 8670.4. The plan shall consist of all of the following elements: (a) A state response element that specifies the hierarchy for state and local agency response to an oil spill. The element shall define the necessary tasks for oversight and control of cleanup and removal activities associated with an oil spill and shall specify each agency’s particular responsibility in carrying out these tasks. The element shall also include an organizational chart of the state oil spill response organization and a definition of the resources, capabilities, and response assignments of each agency involved in cleanup and removal actions in an oil spill. (b) A regional and local planning element that shall provide the framework for the involvement of regional and local agencies in the state effort to respond to an oil spill, and shall ensure the effective and efficient use of regional and local resources, as appropriate, in all of the following: (1) Traffic and crowd control. (2) Firefighting. (3) Boating traffic control. (4) Radio and communications control and provision of access to equipment. (5) Identification and use of available local and regional equipment or other resources suitable for use in cleanup and removal actions. (6) Identification of private and volunteer resources or personnel with special or unique capabilities relating to oil spill cleanup and removal actions. (7) Provision of medical emergency services. (8) Consideration of the identification and use of private working craft and mariners, including commercial fishing vessels and licensed commercial fishing men and women, in containment, cleanup, and removal actions. (c) A coastal protection element that establishes the state standards for coastline protection. The administrator, in consultation with the Coast Guard and Navy and the shipping industry, shall develop criteria for coastline protection. If appropriate, the administrator shall consult with representatives from the States of Alaska, Washington, and Oregon, the Province of British Columbia in Canada, and the Republic of Mexico. The criteria shall designate at least all of the following: (1) Appropriate shipping lanes and navigational aids for tankers, barges, and other commercial vessels to reduce the likelihood of collisions between tankers, barges, and other commercial vessels. Designated shipping lanes shall be located off the coastline at a distance sufficient to significantly reduce the likelihood that disabled vessels will run aground along the coast of the state. (2) Ship position reporting and communications requirements. (3) Required predeployment of protective equipment for sensitive environmental areas along the coastline. (4) Required emergency response vessels that are capable of preventing disabled tankers from running aground. (5) Required emergency response vessels that are capable of commencing oil cleanup operations before spilled oil can reach the shoreline. (6) An expedited decisionmaking process for dispersant use in coastal waters. Prior to adoption of the process, the administrator shall ensure that a comprehensive testing program is carried out for any dispersant proposed for use in California marine waters. The testing program shall evaluate toxicity and effectiveness of the dispersants. (7) Required rehabilitation facilities for wildlife injured by spilled oil. (8) An assessment of how activities that usually require a permit from a state or local agency may be expedited or issued by the administrator in the event of an oil spill. (d) An environmentally and ecologically sensitive areas element that shall provide the framework for prioritizing and ensuring the protection of environmentally and ecologically sensitive areas. The environmentally and ecologically sensitive areas element shall be developed by the administrator, in conjunction with appropriate local agencies, and shall include all of the following: (1) Identification and prioritization of environmentally and ecologically sensitive areas in state waters and along the coast. Identification and prioritization of environmentally and ecologically sensitive areas shall not prevent or excuse the use of all reasonably available containment and cleanup resources from being used to protect every environmentally and ecologically sensitive area possible. Environmentally and ecologically sensitive areas shall be prioritized through the evaluation of criteria, including, but not limited to, all of the following: (A) Risk of contamination by oil after a spill. (B) Environmental, ecological, recreational, and economic importance. (C) Risk of public exposure should the area be contaminated. (2) Regional maps depicting environmentally and ecologically sensitive areas in state waters or along the coast that shall be distributed to facilities and local and state agencies. The maps shall designate those areas that have particularly high priority for protection against oil spills. (3) A plan for protection actions required to be taken in the event of an oil spill for each of the environmentally and ecologically sensitive areas and protection priorities for the first 24 to 48 hours after an oil spill shall be specified. (4) The location of available response equipment and the availability of trained personnel to deploy the equipment to protect the priority environmentally and ecologically sensitive areas. (5) A program for systemically testing and revising, if necessary, protection strategies for each of the priority environmentally and ecologically sensitive areas. (6) Any recommendations for action that cannot be financed or implemented pursuant to existing authority of the administrator, which shall also be reported to the Legislature along with recommendations for financing those actions. (e) A reporting element that requires the reporting of spills of any amount of oil in or on state waters. (Amended by Stats. 2014, Ch. 35, Sec. 3. (SB 861) Effective June 20, 2014.)
  166. 8574.8.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. )

    Verify source ↗

    The administrator must submit amended and revised California oil spill contingency plans on the stated deadlines, including marine, inland, and later nonfloating oil provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 3.5. Oil Spills [8574.1 - 8574.8] ( Article 3.5 added by Stats. 1972, Ch. 1325. ) ## 8574.8. (a) The administrator shall submit to the Governor and the Legislature an amended California oil spill contingency plan required, pursuant to Section 8574.7, by January 1, 1993. The administrator shall thereafter submit revised plans every three years, until the amended plan required pursuant to subdivision (b) is submitted. (b) (1) The administrator shall submit to the Governor and the Legislature an amended California oil spill contingency plan required pursuant to Section 8574.7, on or before January 1, 2017, that addresses marine and inland oil spills. The administrator shall thereafter submit revised plans every three years. (2) The administrator shall include in the revised plan due on or before January 1, 2023, provisions addressing nonfloating oil. (Amended by Stats. 2019, Ch. 770, Sec. 2. (AB 936) Effective January 1, 2020.)
  167. 8575.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 4. California Emergency Council [8575- 8575.] ( Article 4 added by Stats. 1970, Ch. 1454. )

    Verify source ↗

    For purposes of the Master Mutual Aid Agreement, the Office of Emergency Services serves as the State Disaster Council.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 4. California Emergency Council [8575- 8575.] ( Article 4 added by Stats. 1970, Ch. 1454. ) ## 8575. For the purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement, the Office of Emergency Services will serve as the State Disaster Council. (Amended by Stats. 2013, Ch. 352, Sec. 117. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  168. 85802.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. )

    Verify source ↗

    The state appropriates $500,000 each year from the General Fund to the Fair Political Practices Commission, with cost-of-living adjustments.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 5. Limitations on Contributions [85100 - 85802] ( Chapter 5 added June 7, 1988, by initiative Proposition 73. ) ## ARTICLE 7. Additional Contribution Requirements [85700 - 85802] ( Article 7 repealed and added by Stats. 2000, Ch. 102, Sec. 66. ) ## 85802. There is hereby appropriated from the General Fund of the state to the Fair Political Practices Commission the sum of five hundred thousand dollars ($500,000) annually above and beyond the appropriations established for the commission in the fiscal year immediately prior to the effective date of this act, adjusted for cost-of-living changes, for expenditures to support the operations of the commission pursuant to this act. If any provision of this act is successfully challenged, any attorney’s fees and costs shall be paid from the General Fund and the commission’s budget shall not be reduced accordingly. (Added November 5, 1996, by initiative Proposition 208, Sec. 40. Effective January 1, 1997. Note: This section is not part of Article 7 (Sections 85700 to 85704).)
  169. 8584.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 4.5. Urban Heavy Rescue Act [8584 - 8584.1] ( Article 4.5 added by Stats. 1988, Ch. 1206, Sec. 1. )

    Verify source ↗

    This article is named the Urban Heavy Rescue Act of 1988, and 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 4.5. Urban Heavy Rescue Act [8584 - 8584.1] ( Article 4.5 added by Stats. 1988, Ch. 1206, Sec. 1. ) ## 8584. This article shall be known and may be cited as the Urban Heavy Rescue Act of 1988. (Added by Stats. 1988, Ch. 1206, Sec. 1.)
  170. 8584.1.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 4.5. Urban Heavy Rescue Act [8584 - 8584.1] ( Article 4.5 added by Stats. 1988, Ch. 1206, Sec. 1. )

    Verify source ↗

    The Fire and Rescue Division of the Office of Emergency Services must acquire, maintain, and position urban heavy rescue units and rescue gear, and the State Fire Marshal’s Office must coordinate training for personnel using that equipment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 4.5. Urban Heavy Rescue Act [8584 - 8584.1] ( Article 4.5 added by Stats. 1988, Ch. 1206, Sec. 1. ) ## 8584.1. (a) It is the intent of the Legislature that the state have an urban heavy rescue capability in the event of a major earthquake. It is also the intent of the Legislature that the Office of Emergency Services and the State Fire Marshal’s Office pursue the necessary funding to carry out this article through the normal budget process. (b) The Fire and Rescue Division of the Office of Emergency Services shall acquire and maintain urban heavy rescue units and transportable caches of search and rescue gear, including hand tools and protective gear. The division shall position the units and caches to ensure a rapid response of personnel and equipment anywhere in the state, and ensure that a unit will be available on the scene within one hour of a major earthquake. (c) The State Fire Marshal’s Office shall coordinate the training of personnel in the use of the units and equipment in cooperation with the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 118. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  171. 8585.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    This section creates the Office of Emergency Services, places it under the Director of Emergency Services, and bars employees from using criminal intelligence information to decide disaster assistance eligibility or access.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585. (a) (1) There is in state government, within the office of the Governor, the Office of Emergency Services. The Office of Emergency Services shall be under the supervision of the Director of Emergency Services, who shall have all rights and powers of a head of an office as provided by this code, and shall be referred to as the Director of Emergency Services. (2) Unless the context clearly requires otherwise, whenever the term “California Emergency Management Agency” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Office of Emergency Services, and whenever the term “Secretary of Emergency Management” or the “Secretary of the Emergency Management Agency” appears in statute, regulation, or contract, or in any other code, it shall be construed to refer to the Director of Emergency Services. (3) Unless the context clearly requires otherwise, whenever the term “Director of Homeland Security” or “Office of Homeland Security” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Office of Emergency Services, and whenever the term “Director of Homeland Security” or “Director of the Office of Homeland Security” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Director of Emergency Services. (b) (1) The Office of Emergency Services and the Director of Emergency Services shall succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the California Emergency Management Agency and the Secretary of Emergency Management, respectively. (2) The Office of Emergency Services and the Director of Emergency Services shall succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Office of Homeland Security and the Director of Homeland Security, respectively. (c) The Office of Emergency Services shall be considered a law enforcement organization as required for receipt of criminal intelligence information pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 by persons employed within the office whose duties and responsibilities require the authority to access criminal intelligence information. (d) Persons employed by the Office of Emergency Services whose duties and responsibilities require the authority to access criminal intelligence information shall be furnished state summary criminal history information as described in Section 11105 of the Penal Code, if needed in the course of their duties. (e) The Office of Emergency Services shall be responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. (f) Notwithstanding any other law, nothing in this section shall authorize an employee of the Office of Emergency Services to access criminal intelligence information under subdivision (c) or (d) for the purpose of determining eligibility for, or providing access to, disaster-related assistance and services. (Amended by Stats. 2021, Ch. 615, Sec. 152. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  172. 8585.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    The Office of Emergency Services must lead emergency response to a large ongoing natural gas leak or release from a storage facility when it poses a significant hazard, and it must coordinate with state and local agencies on response, assessment, monitoring, and long-term 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.01. The Office of Emergency Services shall be the lead agency for emergency response to a large, ongoing leak or release of natural gas and associated gases from a natural gas storage facility that poses a significant present or potential hazard to the public health and safety, property, or the environment. The Office of Emergency Services shall coordinate among other state and local agencies the emergency response, public health and environmental assessment, monitoring, and long-term management and control of the leak. (Added by Stats. 2016, Ch. 536, Sec. 1. (SB 888) Effective January 1, 2017.)
  173. 8585.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    This section defines certain terms 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.05. Unless the context otherwise requires, for purpose of this article, the following definitions apply: (a) “Agency” or “office” means the Office of Emergency Services. (b) “California Emergency Management Agency” means the Office of Emergency Services. (c) “Director” or “secretary” means the Director of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 120. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  174. 8585.1.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    The Governor appoints the director, and may appoint a deputy director; the director coordinates state emergency functions and may not use state or federal funds to pay certain appointed deputies or employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.1. (a) The director shall be appointed by, and hold office at the pleasure of, the Governor. The appointment of the director is subject to confirmation by the Senate. The director shall coordinate all state disaster response, emergency planning, emergency preparedness, disaster recovery, disaster mitigation, and homeland security activities. (b) The director shall receive an annual salary as set forth in Section 11552. (c) The Governor may appoint a deputy director of the office. The deputy director shall hold office at the pleasure of the Governor. (d) All positions exempt from civil service that existed in the predecessor agencies shall be transferred to the office. (e) Neither state nor federal funds may be expended to pay the salary or benefits of any deputy or employee who may be appointed by the director or deputy director pursuant to Section 4 of Article VII of the California Constitution. (Amended by Stats. 2013, Ch. 352, Sec. 121. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  175. 8585.2.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    Certain state civil service employees, related records, property, and funds are transferred to the office, and two state departments can resolve transfer disputes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.2. (a) All employees serving in state civil service, other than temporary employees, who are engaged in the performance of functions transferred to the office or engaged in the administration of law, the administration of which was vested in the former California Emergency Management Agency, are transferred to the office. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the office. (b) The property of any agency or department related to functions formerly transferred to, or vested in the California Emergency Management Agency, is transferred to the office. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred. (c) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law formerly transferred to the California Emergency Management Agency shall be transferred to the office for use for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. (Amended by Stats. 2013, Ch. 352, Sec. 122. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  176. 8585.5.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    The office must set disaster service worker classes and their duties, and make rules for how workers in each class are registered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.5. The office shall establish by rule and regulation various classes of disaster service workers and the scope of the duties of each class. The office shall also adopt rules and regulations prescribing the manner in which disaster service workers of each class are to be registered. All of the rules and regulations shall be designed to facilitate the payment of workers’ compensation. (Amended by Stats. 2013, Ch. 352, Sec. 123. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  177. 8585.7.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    The office may certify the accredited status of local disaster councils, if Section 8612’s requirements are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.7. The office may certify the accredited status of local disaster councils, subject to the requirements of Section 8612. (Amended by Stats. 2013, Ch. 352, Sec. 124. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  178. 8585.8.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    The office may directly enter into an agreement with one or more certified community conservation corps to perform emergency or disaster response 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8585.8. (a) The office may enter into an agreement directly with one or more certified community conservation corps to perform emergency or disaster response services as the office deems appropriate. (b) For purposes of this subdivision, “certified community conservation corps” means a community conservation corps that has been certified as described in Section 14507.5 of the Public Resources Code. (Added by Stats. 2018, Ch. 623, Sec. 1. (SB 1181) Effective January 1, 2019.)
  179. 8586.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

    Verify source ↗

    The Governor must assign all or part of the Governor’s powers and duties under this chapter to the Office of Emergency 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8586. The Governor shall assign all or part of his or her powers and duties under this chapter to the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 125. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  180. 8586.5.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services must lead the California Cybersecurity Integration Center, and the Center must coordinate cybersecurity information sharing, issue warnings, develop strategy, run incident response, report expenditures, and create an AI cybersecurity playbook with confidential sharing 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8586.5. (a) The Office of Emergency Services shall establish and lead the California Cybersecurity Integration Center. The California Cybersecurity Integration Center’s primary mission is to reduce the likelihood and severity of cyber incidents that could damage California’s economy, its critical infrastructure, or public and private sector computer networks in the state. The California Cybersecurity Integration Center shall serve as the central organizing hub of state government’s cybersecurity activities and coordinate information sharing with local, state, and federal agencies, tribal governments, utilities and other service providers, academic institutions, including school districts, county offices of education, and charter schools, and nongovernmental organizations. The California Cybersecurity Integration Center shall be composed of representatives from the following organizations: (1) The Office of Emergency Services. (2) The Office of Information Security. (3) The State Threat Assessment Center. (4) The Department of the California Highway Patrol. (5) The Military Department. (6) The Office of the Attorney General. (7) The California Health and Human Services Agency. (8) The California Utilities Emergency Association. (9) The California State University. (10) The University of California. (11) The California Community Colleges. (12) The State Department of Education. (13) The United States Department of Homeland Security. (14) The United States Federal Bureau of Investigation. (15) The United States Secret Service. (16) The United States Coast Guard. (17) Other members as designated by the Director of Emergency Services. (b) The California Cybersecurity Integration Center shall operate in close coordination with the California State Threat Assessment System and the United States Department of Homeland Security — National Cybersecurity and Communications Integration Center, including sharing cyber threat information that is received from utilities, academic institutions, including school districts, county offices of education, and charter schools, private companies, and other appropriate sources. The California Cybersecurity Integration Center shall provide warnings of cyberattacks to government agencies and nongovernmental partners, coordinate information sharing among these entities, assess risks to critical infrastructure and information technology networks, prioritize cyber threats and support public and private sector partners in protecting their vulnerable infrastructure and information technology networks, enable cross-sector coordination and sharing of recommended best practices and security measures, and support cybersecurity assessments, audits, and accountability programs that are required by state law to protect the information technology networks of California’s agencies and departments. (c) The California Cybersecurity Integration Center shall develop a statewide cybersecurity strategy, informed by recommendations from the California Task Force on Cybersecurity and in accordance with state and federal requirements, standards, and best practices. The cybersecurity strategy shall be developed to improve how cyber threats are identified, understood, and shared in order to reduce threats to California government, businesses, and consumers. The strategy shall also strengthen cyber emergency preparedness and response, standardize implementation of data protection measures, enhance digital forensics and cyber investigative capabilities, deepen expertise among California’s workforce of cybersecurity professionals, and expand cybersecurity awareness and public education. (d) The California Cybersecurity Integration Center shall establish a Cyber Incident Response Team to serve as California’s primary unit to lead cyber threat detection, reporting, and response in coordination with public and private entities across the state. This team shall also assist law enforcement agencies with primary jurisdiction for cyber-related criminal investigations and agencies responsible for advancing information security within state government. This team shall be comprised of personnel from agencies, departments, and organizations represented in the California Cybersecurity Integration Center. (e) Information sharing by the California Cybersecurity Integration Center shall be conducted in a manner that protects the privacy and civil liberties of individuals, safeguards sensitive information, preserves business confidentiality, and enables public officials to detect, investigate, respond to, and prevent cyberattacks that threaten public health and safety, economic stability, and national security. (f) (1) Notwithstanding Section 10231.5, the California Cybersecurity Integration Center shall create four reports that describe all expenditures made by the state within a single fiscal year pursuant to the federal State and Local Cybersecurity Improvement Act (Subtitle B of Title VI of the Infrastructure Investment and Jobs Act (Public Law 117-58), as specified in Section 665g of Title 6 of the United States Code). The reports shall be delivered to the Legislature according to the following: (A) The first report for the 2021–22 fiscal year shall be delivered no later than December 31, 2023. (B) The second report for the 2022–23 fiscal year shall be delivered no later than December 31, 2024. (C) The third report for the 2023–24 fiscal year shall be delivered no later than December 31, 2025. (D) The fourth report for the 2024–25 fiscal year shall be delivered no later than December 31, 2026. (2) Reports to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. (g) (1) On or before January 1, 2027, the California Cybersecurity Integration Center shall develop, in consultation with the Office of Information Security and the Government Operations Agency, a California AI Cybersecurity Collaboration Playbook to facilitate information sharing across the cyber and artificial intelligence communities and to strengthen collective cyber defenses against emerging threats, including AI. (2) The California Cybersecurity Integration Center shall review federal requirements, standards, and industry best practices, including the Joint Cyber Defense Collaborative AI Cybersecurity Collaboration Playbook, and use those resources to inform the development of the California AI Cybersecurity Collaboration Playbook. The California Cybersecurity Integration Center shall also consider how the federal government is implementing these requirements, standards, and best practices to inform its approach. (3) The California AI Cybersecurity Collaboration Playbook shall include mandatory mechanisms for information sharing on potential threats and vulnerabilities known to state contractors and vendors providing artificial intelligence services regarding those contracted or purchased services, to a state entity identified in the California AI Cybersecurity Collaboration Playbook. (4) The California AI Cybersecurity Collaboration Playbook may include voluntary mechanisms for other entities, as appropriate, to engage in information sharing on potential threats and vulnerabilities, to a state entity identified in the California AI Cybersecurity Collaboration Playbook. (5) Any record or information within a record of the Office of Emergency Services that is privileged, protected by copyright, or otherwise prohibited by law from being disclosed; that is exempt from disclosure to the public under express provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1); or in which based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record, shall not be disclosed to the public. (6) Notwithstanding any other law, any information related to cyber threat indicators or defensive measures for a cybersecurity purpose shared in accordance with the California AI Cybersecurity Collaboration Playbook developed under this subdivision is confidential and shall not be transmitted or shared, except to state employees and state contractors who have been approved as necessary to receive the information and in a manner that complies with all other security requirements in the California AI Cybersecurity Collaboration Playbook. (Amended by Stats. 2025, Ch. 285, Sec. 2. (AB 979) Effective January 1, 2026.)
  181. 8586.7.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The office and the Department of Forestry and Fire Protection must jointly run a wildfire forecast and threat intelligence center, and the center must share wildfire intelligence and data while protecting sensitive information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8586.7. (a) (1) The office and the Department of Forestry and Fire Protection shall jointly establish and lead the Wildfire Forecast and Threat Intelligence Integration Center. (2) The Wildfire Forecast and Threat Intelligence Integration Center’s primary mission shall be to collect, assess, and analyze fire weather data, atmospheric conditions, and other threat indicators that could lead to catastrophic wildfire and to reduce the likelihood and severity of wildfire incidents that could endanger the safety of persons, property, and the environment by developing and sharing intelligence products related to fire weather and fire threat conditions for government decisionmakers. (3) The Wildfire Forecast and Threat Intelligence Integration Center shall serve as the state’s integrated central organizing hub for wildfire forecasting, weather information, and threat intelligence gathering, analysis, and dissemination, and shall also coordinate wildfire threat intelligence and data sharing among federal, state, and local agencies, tribal governments, utilities and other service providers, academic institutions, and nongovernmental organizations. (b) (1) The Wildfire Forecast and Threat Intelligence Integration Center shall be comprised of representatives from the following organizations: (A) The Office of Emergency Services. (B) The Department of Forestry and Fire Protection. (C) The Public Utilities Commission. (D) The Military Department. (E) The University of California. (F) The California State University. (G) The California Utilities Emergency Association. (H) At least one representative of investor-owned utility companies, appointed by the President of the Public Utilities Commission. (I) At least one representative of publicly owned utilities, appointed jointly by the Director of Emergency Services and the Director of Forestry and Fire Protection. (J) Other members as designated jointly by the Director of Emergency Services and the Director of Forestry and Fire Protection. (2) The office and the Department of Forestry and Fire Protection may invite the following organizations to designate representatives to the Wildfire Forecast and Threat Intelligence Integration Center: (A) The National Weather Service. (B) The United States Forest Service. (c) The Wildfire Forecast and Threat Intelligence Integration Center shall share intelligence and data relevant to wildfire threat, forecasting, detection, and prevention activities received from utility wildfire and emergency operations centers, partner academic institutions, private companies, and other sources in coordination with all of the following: (1) The Northern California Geographic Area Coordination Center and the Southern California Geographic Area Coordination Center, inclusive of the Department of Forestry and Fire Protection’s predictive services unit. (2) The California Wildland Fire Coordinating Group. (3) The National Weather Service. (4) The State Operations Center within the office. (5) The California State Warning Center within the office. (d) The Wildfire Forecast and Threat Intelligence Integration Center shall do all of the following: (1) Provide intelligence and data in compliance with National Fire Danger Rating System standards and guidelines about wildfire threats to government agencies and designated alerting authorities, as that term is defined in paragraph (1) of subdivision (g) of Section 8594.16. (2) Develop intelligence products for use by public and private sector entities engaged in wildfire risk mitigation efforts. (e) The Wildfire Forecast and Threat Intelligence Integration Center shall develop a statewide wildfire forecast and threat intelligence strategy to improve how wildfire threats are identified, understood, and shared in order to reduce threats to California government, businesses, and consumers. The strategy shall strengthen wildfire emergency preparedness and response, standardize the implementation of environmental monitoring and assessment, enhance forecasting and detection capabilities, maximize the use of science and technology, and expand public knowledge and awareness of wildfire risks. (f) The Wildfire Forecast and Threat Intelligence Integration Center shall be a signatory to the interagency California Fire Weather Annual Operating Plan. (g) Information sharing by the Wildfire Forecast and Threat Intelligence Integration Center shall be conducted in a manner that protects and safeguards sensitive information, preserves business confidentiality, and enables public officials to detect, investigate, respond to, prevent, and recover from catastrophic wildfires that threaten public health and safety and economic stability. (Amended by Stats. 2020, Ch. 370, Sec. 127. (SB 1371) Effective January 1, 2021.)
  182. 8586.8.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    This section creates the Office of Wildfire Technology Research and Development, places it within the Department of Forestry and Fire Protection, and assigns it wildfire technology research, consultation, and procurement-advisory 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8586.8. (a) For purposes of this section, “office” means the Office of Wildfire Technology Research and Development. (b) The Office of Wildfire Technology Research and Development is hereby established in state government within the Department of Forestry and Fire Protection to study, test, and advise regarding procurement of emerging technologies and tools in order to more effectively prevent and suppress wildfires within the state. The office shall serve as the central organizing hub for the state government’s identification of emerging wildfire technologies. (c) The office shall be under the direct control of the Director of Forestry and Fire Protection. (d) The office shall undertake, but is not limited to, the following activities: (1) Develop a balanced, multimodal research and development program designed to identify, research, test, and evaluate emerging technologies and tools designed to improve the state’s preparation for, and response to, wildfires in the state, including, but not limited to, fire retardants and ground, aerial, mobile, portable, communication, predictive modeling, software, or stationary equipment used for California’s wildfire preparedness and by first responders. (2) Consult with public, private, and nonprofit entities in identifying new technologies tools, software, and other advances in wildfire preparedness and response. (3) Make recommendations to state and local agencies on the most effective and useful technologies and tools for procurement. (e) The office shall be subject to review by the Wildfire Technology Research and Development Review Advisory Board, which shall serve in an advisory capacity, and shall consist of the following nine members: (1) The Secretary of the Natural Resources Agency, or their designee. (2) The Director of the Office of Emergency Services, or their designee. (3) The Director of the Department of Forestry and Fire Protection, or their designee. (4) Four members who are appointed by the Governor for a term of four years each, as follows: (A) One representative from academia involved in the field of wildfire research and technology development. (B) One representative from the private wildfire response science, engineering, and technology industry. (C) One representative from local government. (D) One member of the public employed as a first responder. (5) One member who is appointed by the Senate for a term of four years who is involved in victim services. (6) One member who is appointed by the Assembly for a term of four years who is involved in the protection of privacy and civil liberties. (f) The board shall meet at least four times per year to review, analyze, and assess the activities and progress of the Office of Wildfire Technology Research and Development, and to consult with public, private, and nonprofit entities regarding their interaction and responsiveness of the office. (1) The findings and recommendations of the board shall be compiled and delivered to the office of the Governor and the Legislature as a report no later than January 1, 2024, and annually thereafter. (2) The report developed by the board pursuant to this section shall be submitted in compliance with Section 9795. (g) Members of the board shall serve without compensation, but they may be reimbursed for actual expenses incurred in connection with their duties. (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2021, Ch. 239, Sec. 2. (SB 109) Effective January 1, 2022. Repealed as of January 1, 2029, by its own provisions.)
  183. 8586.9.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services must administer the Special District Fire Response Fund and, with FIRESCOPE’s board, set up the grant application process, timeline, outreach, reporting rules, and application review metrics.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8586.9. (a) The Office of Emergency Services shall administer the Special District Fire Response Fund established pursuant to paragraph (2) of subdivision (f) of Section 2.2 of Article XIII A of the California Constitution. (b) The office shall, in coordination with the board of directors of the FIRESCOPE Program, established pursuant to Chapter 3 (commencing with Section 13070) of Part 1 of Division 12 of the Health and Safety Code, do all of the following: (1) Develop a standard application form to be used by special districts that provide fire protection services to apply for grants from the Special District Fire Response Fund that includes, but is not limited to, all of the following: (A) Description of a special district’s eligibility to receive a grant pursuant to the criteria contained in paragraph (2) of subdivision (f) of Section 2.2 of Article XIII A of the California Constitution. (B) Specification of the number of additional fire suppression staff that would be supported by the grant. (C) Identification of the benefits to firefighter health and safety and community response in the special district, if the grant is funded. (D) Identification of opportunities to leverage other funding sources, if the grant is funded. (2) Establish an annual timeline for special districts that provide fire protection services to apply for grants from the Special District Fire Response Fund. (3) Employ strategies to ensure that underfunded special districts that provide fire protection services are aware of the availability of the Special District Fire Response Fund to expand and increase fire suppression staffing in qualified districts. (4) Establish reporting requirements for special districts that are awarded grants from the Special District Fire Response Fund. (5) Develop metrics for consideration of grant applications consistent with paragraphs (3) and (4) of Subdivision (f) of Section 2.2 of Article XIII A of the California Constitution. (c) Notwithstanding any law, including Section 25210.7, for purposes of receiving grants that are funded by the Special District Fire Response Fund, “special district that provides fire protection services” includes a county service area, as described in Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3, formed exclusively for fire protection services. (Amended by Stats. 2023, Ch. 334, Sec. 1. (AB 570) Effective January 1, 2024.)
  184. 8587.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The secretary must coordinate state agency emergency activities during specified emergencies, and state agencies and officers must cooperate with the secretary. The Governor may delegate other chapter powers to the secretary, but not certain order/regulation or emergency-proclamation powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587. (a) During a state of war emergency, a state of emergency, or a local emergency, the secretary shall coordinate the emergency activities of all state agencies in connection with that emergency, and every state agency and officer shall cooperate with the secretary in rendering all possible assistance in carrying out the provisions of this chapter. (b) In addition to the powers designated in this section, the Governor may delegate any of the powers vested in him or her under this chapter to the secretary except the power to make, amend, and rescind orders and regulations, and the power to proclaim a state of emergency. (Amended by Stats. 2008, Ch. 372, Sec. 17. Effective January 1, 2009.)
  185. 8587.12.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The office must prepare and submit a program business plan by February 1, 2018, and then report to the Legislature annually starting February 1, 2019.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587.12. (a) On or before February 1, 2018, the office, in consultation with the board, shall develop and submit a business plan for the program to the Senate Committee on Governmental Organization, the Assembly Committee on Governmental Organization, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Legislative Analyst’s Office. The business plan shall include, but not be limited to, all of the following elements: (1) The funding plan for the program and the estimated costs associated with the program. The funding plan shall include, but not be limited to, all of the following: (A) Specific cost estimates for each component of the program, including, but not limited to, education and outreach costs, staff costs, and the capital costs, operation costs, and maintenance costs of the system. (B) Identification of specific sources of funding, including, but not limited to, federal funds, funds from revenue bonds, local funds, general funds, special funds, funds from private sources, and funding from any written agreements with public or private entities to fund components of the program. (2) The expected roles and responsibilities of various program participants, including, but not limited to, private sector partners and local emergency personnel. (3) The expected time schedule for completing the system and when it can start to provide alerts. (4) A discussion of all reasonably foreseeable risks the program may encounter, including, but not limited to, risks associated with the program’s finances, the reliability of the system, access to land for sensor placement, and changes in technology. The plan shall describe the office’s strategies, processes, or other actions it intends to utilize to manage those risks. (b) On or before February 1, 2019, and annually thereafter, the office shall report to the Legislature any changes to the business plan from the prior year and shall provide a general report on progress of the program and the implementation of the system. The report shall include, but not be limited to, all of the following: (1) The overall progress of the implementation of the system. (2) An update on funding acquired and expended. (3) An update on contracts and requests for proposals. (4) A summary of recommendations made by the board to the office. (Added by Stats. 2016, Ch. 803, Sec. 4. (SB 438) Effective January 1, 2017.)
  186. 8587.5.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Department of Transportation must apply for federal funding for a research program, work with interested cities with traffic signal override systems, and do so within six months unless good cause exists. The project must study accidents and injuries, and participating local governments must pay any required nonfederal share equally.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587.5. (a) The Department of Transportation shall, in cooperation with interested cities with Traffic Signal Override Systems, apply to the United States Secretary of Transportation for federal funding to conduct a research program in one or more cities to test the effectiveness of the installation of signal emitters and sensors in emergency response vehicles in reducing accidents and injuries. (b) The project shall study the reduction in accidents and injuries involving emergency response vehicles in the program areas, shall, if possible, assess any reduction in response times by emergency response vehicles in the program areas, and may study other valuable data as deemed appropriate. (c) The application shall seek full federal funding for the project, including the evaluation component. If the United States Secretary of Transportation requires a nonfederal share of funding, the participating local governments shall pay this share equally. (d) The department shall apply for federal funding within six months of the effective date of this section unless good cause exists to apply later or not to apply. (Amended by Stats. 2012, Ch. 728, Sec. 57. (SB 71) Effective January 1, 2013.)
  187. 8587.6.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The office must adopt a public education program about identifying and reporting suspected terrorist activity, post information about it on its website, and include it in relevant existing programs and trainings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587.6. (a) Prior to January 1, 2018, the office shall adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity. (b) (1) The office shall post information about the program on its Internet Web site. (2) The office shall incorporate the program into relevant existing programs and trainings. (Added by Stats. 2016, Ch. 268, Sec. 1. (AB 2384) Effective January 1, 2017.)
  188. 8587.7.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services must create and distribute an earthquake-safety pamphlet, and make it available electronically and to certain schools on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587.7. (a) The Office of Emergency Services, in cooperation with the State Department of Education, the Department of General Services, and the Seismic Safety Commission, shall develop an educational pamphlet for use by grades kindergarten to 14 personnel to identify and mitigate the risks posed by nonstructural earthquake hazards. (b) The office shall print and distribute the pamphlet to the governing board of each school district and community college district in the state, along with a copy of the current edition of the office’s school emergency response publication. The office shall also make the pamphlet or the current edition of the office’s school emergency response publication available to a private elementary or secondary school upon request. (c) The office, as soon as feasible, shall make the pamphlet and the current edition of the office’s school emergency response publication available by electronic means, including, but not limited to, the Internet. (Amended by Stats. 2013, Ch. 352, Sec. 126. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  189. 8587.8.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services must help develop a statewide earthquake early warning system, create an approval mechanism for standards compliance, and identify funding for the system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587.8. (a) The Office of Emergency Services, in collaboration with the California Institute of Technology (Caltech), the California Geological Survey, the University of California, the United States Geological Survey, the Alfred E. Alquist Seismic Safety Commission, and other stakeholders, shall develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, which shall include, but not be limited to, the following features: (1) Installation of field sensors. (2) Improvement of field telemetry. (3) Construction and testing of central processing and notification centers. (4) Establishment of warning notification distribution paths to the public. (5) Integration of earthquake early warning education with general earthquake preparedness efforts. (b) In consultation with stakeholders, the Office of Emergency Services shall develop an approval mechanism to review compliance with earthquake early warning standards as they are developed. The development of the approval mechanism shall include input from a broad representation of earthquake early warning stakeholders. The approval mechanism shall accomplish all of the following: (1) Ensure the standards are appropriate. (2) Determine the degree to which the standards apply to providers and components of the system. (3) Determine methods to ensure compliance with the standards. (4) Determine requirements for participation in the system. (c) The Office of Emergency Services shall identify funding for the system described in subdivision (a) through single or multiple sources of revenue. (Amended by Stats. 2016, Ch. 803, Sec. 2. (SB 438) Effective January 1, 2017.)
  190. 8587.9.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The California Earthquake Safety Fund is created in the State Treasury, and its money must be used for seismic safety and earthquake-related programs when appropriated 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8587.9. (a) The Legislature finds and declares that there is a critical need for a consistent and coordinated approach to seismic safety and earthquake-related programs in the State of California through the Governor’s Office of Emergency Services. These programs may include, but are not limited to, earthquake response, recovery, warning, mitigation, planning, research, preparedness, training and exercises, hazard grants, public information, and education. This approach includes the coordination of state agencies and departments that have responsibilities to monitor and respond to, and to recover from, earthquakes and to assist the citizens and businesses in California. In order to facilitate the requirements of Section 8587.8, the Legislature establishes the California Earthquake Safety Fund within the State Treasury. (b) (1) The California Earthquake Safety Fund is hereby created in the State Treasury. Upon appropriation by the Legislature, the moneys in the fund shall be used for seismic safety and earthquake-related programs, including the statewide earthquake early warning system described in Section 8587.8. (2) Pursuant to subdivision (c) of Section 8587.8, the California Earthquake Safety Fund may accept federal funds, funds from revenue bonds, local funds, and funds from private sources for purposes of carrying out the provisions of this section. (Added by Stats. 2015, Ch. 799, Sec. 2. (SB 494) Effective January 1, 2016.)
  191. 8588.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    If the Governor is inaccessible and has not acted under Section 8625, the director may proclaim a state of emergency in the Governor’s name. Once the Governor is accessible, the Governor must ratify that action, or immediately terminate the emergency if it is not ratified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588. Whenever conditions exist within any region or regions of the state that warrant the proclamation by the Governor of a state of emergency and the Governor has not acted under the provisions of Section 8625, by reason of the fact that the Governor has been inaccessible, the director may proclaim the existence of a state of emergency in the name of the Governor as to any region or regions of the state. Whenever the director has so proclaimed a state of emergency, that action shall be ratified by the Governor as soon as the Governor becomes accessible, and in the event the Governor does not ratify the action, the Governor shall immediately terminate the state of emergency as proclaimed by the director. (Amended by Stats. 2013, Ch. 352, Sec. 127. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  192. 8588.1.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services may work with businesses and nonprofits on disaster preparedness, but their participation is voluntary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.1. (a) The Legislature finds and declares that this state can only truly be prepared for the next disaster if the public and private sector collaborate. (b) The office may, as appropriate, include private businesses and nonprofit organizations within its responsibilities to prepare the state for disasters under this chapter. All participation by businesses and nonprofit associations in this program shall be voluntary. (c) The office may do any of the following: (1) Provide guidance to business and nonprofit organizations representing business interests on how to integrate private sector emergency preparedness measures into governmental disaster planning programs. (2) Conduct outreach programs to encourage business to work with governments and community associations to better prepare the community and their employees to survive and recover from disasters. (3) Develop systems so that government, businesses, and employees can exchange information during disasters to protect themselves and their families. (4) Develop programs so that businesses and government can work cooperatively to advance technology that will protect the public during disasters. (d) The office may share facilities and systems for the purposes of subdivision (b) with the private sector to the extent the costs for their use are reimbursed by the private sector. (e) Proprietary information or information protected by state or federal privacy laws shall not be disclosed under this program. (f) Notwithstanding Section 11005, donations and private grants may be accepted by the office and shall not be subject to Section 11005. (g) The Disaster Resistant Communities Fund is hereby created in the State Treasury. Upon appropriation by the Legislature, the office may expend the money in the account for the costs associated within this section. (h) This section shall be implemented only to the extent that in-kind contributions or donations are received from the private sector, or grant funds are received from the federal government, for these purposes. (Amended by Stats. 2013, Ch. 352, Sec. 128. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  193. 8588.10.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The director must create and chair a Curriculum Development Advisory Committee and appoint its members, including representatives from listed public safety and related organizations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.10. (a) The director shall establish a Curriculum Development Advisory Committee to advise the office on the development of course curricula, as specified by the director. (b) The committee shall be chaired by the director, who will appoint members as appropriate. In appointing members to the committee, the director shall include representatives from the following: (1) State public safety, health, first responder, and emergency services departments or agencies, as deemed appropriate by the director. (2) Local first responder agencies. (3) Local public safety agencies. (4) Nonprofit organizations, as deemed appropriate by the director. (5) Any other state, local, tribal, or nongovernmental organization determined by the director to be appropriate. (c) The committee shall consult with the Commission on Peace Officer Standards and Training. (Amended by Stats. 2014, Ch. 668, Sec. 2. (AB 1598) Effective January 1, 2015.)
  194. 8588.11.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The office must contract with the California Fire Fighter Joint Apprenticeship Program to develop a fire service course on first responders’ responsibilities in terrorism incidents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.11. (a) The office shall contract with the California Fire Fighter Joint Apprenticeship Program to develop a fire service specific course of instruction on the responsibilities of first responders to terrorism incidents. The course shall include the criteria for the curriculum content recommended by the Curriculum Development Advisory Committee established pursuant to Section 8588.10 to address the training needs of both of the following: (1) Firefighters in conformance with the standards established by the State Fire Marshal. (2) Paramedics and other emergency medical services fire personnel in conformance with the standards established by the Emergency Medical Services Authority. (b) The course of instruction shall be developed in consultation with individuals knowledgeable about consequence management that addresses the topics of containing and mitigating the impact of a terrorist incident, including, but not limited to, a terrorist act using hazardous materials, as well as weapons of mass destruction, including any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as those terms are defined in Section 11417 of the Penal Code, by techniques including, but not limited to, rescue, firefighting, casualty treatment, and hazardous materials response and recovery. (c) The contract shall provide for the delivery of training by the California Fire Fighter Joint Apprenticeship Program through reimbursement contracts with the state, local, and regional fire agencies who may, in turn, contract with educational institutions. (d) To maximize the availability and delivery of training, the California Fire Fighter Joint Apprenticeship Program shall develop a course of instruction to train the trainers in the presentation of the first responder training of consequence management for fire service personnel. (Amended by Stats. 2013, Ch. 352, Sec. 134. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  195. 8588.12.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The advisory committee must recommend terrorism-awareness curriculum criteria and related training recommendations, and affected agencies must treat completion of that training as a high priority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.12. (a) The Curriculum Development Advisory Committee, described in Section 8588.10, shall recommend criteria for terrorism awareness curriculum content to meet the training needs of state and local emergency response personnel and volunteers. In addition, the committee shall identify any additional training that would be useful and appropriate, but that may not be generally available in California, and shall make recommendations pertaining to the need for training oversight agencies for first responder disciplines to expedite their curriculum approval processes. (b) Basic terrorism awareness training shall include, but not be limited to, the following: (1) An overview of conventional, chemical, biological, radiological, and nuclear threats. (2) Threat and hazard recognition, with an emphasis on ability to determine local vulnerabilities. (3) Understanding the structure and function of an incident command system. (4) Initial response actions, including preliminary assessment, notifications, resource needs, and safety considerations. (5) Coordination with other emergency service first responders. (6) Gathering, verifying, assessing, and communicating incident information. (7) Understanding mass casualty implications and decontamination requirements. (8) Balancing lifesaving activities with evidence preservation. (9) General awareness and additional training for each of the first responder categories specific to each discipline. (c) (1) The Legislature finds and declares that training on terrorism awareness for first responders is of critical importance to the people of California. (2) Every agency responsible for development of terrorism awareness training and every agency that employs or uses first responders shall give a high priority to the completion of that training. (Added by Stats. 2010, Ch. 618, Sec. 42. (AB 2791) Effective January 1, 2011.)
  196. 8588.15.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The director must appoint access-and-functional-needs representatives to emergency management committees and make emergency-preparedness materials available in accessible formats.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.15. (a) The director shall appoint representatives of the access and functional needs population to serve on the evacuation, sheltering, communication, recovery, and other pertinent Standardized Emergency Management System committees, including one representative to the Technical Working Group. At least a majority of appointees shall be representatives of the groups specified in paragraphs (1) through (3). Remaining appointees shall be representatives of the access and functional needs population and shall, to the extent practicable, represent the groups specified in paragraphs (1) through (3), as follows: (1) Persons who are blind or visually impaired. (2) Persons with sensory or cognitive disabilities. (3) Persons with physical disabilities. (b) Within the Standardized Emergency Management System structure, the director shall ensure, to the extent practicable, that the needs of the access and functional needs population are met by ensuring all committee recommendations regarding preparedness, planning, and procedures relating to emergencies include the needs of the access and functional needs population. (c) The director shall prepare and disseminate sample brochures and other relevant materials on preparedness, planning, and procedures relating to emergency evacuations that include the needs of the access and functional needs population, and shall work with nongovernmental associations and entities to make them available in accessible formats, including, but not limited to, Braille, large print, and electronic media. (d) The director and the State Fire Marshal’s office shall seek research funding to assist in the development of new technologies and information systems that will assist in the evacuation of the groups designated in subdivision (a) during emergency and disaster situations. (e) It is the intent of the Legislature for the purpose of implementing this section and to the extent permitted by federal law, that funds may be used from the Federal Trust Fund from funds received from the federal Department of Homeland Security for implementation of homeland security programs. (Amended by Stats. 2021, Ch. 744, Sec. 1. (AB 580) Effective January 1, 2022.)
  197. 8588.2.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The office must create a statewide donations system, and the agency must set up rules and procedures for donors using 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.2. (a) The office shall establish a statewide donations system for private businesses and nonprofit organizations that are interested in donating services, goods, labor, equipment, resources, or dispensaries or other facilities to further the purposes of Section 8588.1. (b) The agency shall create and implement protocols and procedures for potential donors that do, but are not limited to, all of the following: (1) Establish eligibility requirements for a private business or nonprofit organization to be potential donors. (2) Require the services, goods, labor, equipment, resources, or dispensaries or other facilities donated by a private business or nonprofit organization offered through the donations system, to be provided at no cost to state governmental entities or the victims of emergencies and disasters. (3) Require the services, goods, labor, equipment, resources, or dispensaries or other facilities donated by a private business or nonprofit organization offered through the donations system, to be safely collected, maintained, and managed by the receiving entity. (4) Require that federal, state, and local governmental entities and nonprofit organizations that are engaged in assisting communities prepare for, respond to, or recover from emergencies and disasters have access to the statewide resources offered through the donations system. (c) A private business or nonprofit organization utilizing the donations system, shall reasonably determine all of the following: (1) Donated services, goods, labor, equipment, resources, or dispensaries or other facilities comply with all applicable federal and state safety laws and licensing requirements. (2) Donated services, goods, labor, equipment, resources, or dispensaries or other facilities have not been altered, misbranded, or stored under conditions contrary to the standards set forth under federal or state laws or by the product manufacturer. (3) Donated medicine shall be unopened, in tamper-resistant packaging or modified unit dose containers that meet United States Pharmacopeia standards, and show lot numbers and expiration dates. Medicine that does not meet these standards shall not be donated. (Amended by Stats. 2022, Ch. 8, Sec. 1. (AB 1568) Effective March 9, 2022.)
  198. 8588.3.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The section transfers the California Specialized Training Institute to the Office of Emergency Services and gives the director certain fundraising and donation powers. It also requires money received from institute charges or fees to be deposited in 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.3. (a) The Legislature finds and declares that it is the responsibility of the State of California to protect and preserve the right of its citizens to a safe and peaceful existence. To accomplish this goal and to minimize the destructive impact of disasters and other massive emergencies, the actions of numerous public agencies must be coordinated to effectively manage all four phases of emergency activity: preparedness, mitigation, response, and recovery. In order to ensure that the state’s response to disasters or massive emergencies is effective, specialized training is necessary. (b) The California Specialized Training Institute of the office of the Adjutant General is hereby transferred to the Office of Emergency Services. The institute shall assist the Governor in providing, pursuant to subdivision (f) of Section 8570, training to state agencies, cities, and counties in their planning and preparation for disasters. (c) The director may solicit, receive, and administer funds or property from federal, state, or other public agency sources for the support and operation of the institute. (d) The director may solicit and receive firearms, other weaponry, explosive materials, chemical agents, and other items confiscated by or otherwise in the possession of law enforcement officers as donations to the institute if he or she deems them to be appropriate for the institute’s training purposes. (e) Any moneys received by the director from charges or fees imposed in connection with the operation of the institute shall be deposited in the General Fund. (Amended by Stats. 2013, Ch. 352, Sec. 130. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  199. 8588.5.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services must take steps to increase trained disaster search dog teams.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.5. To promote an increase in the number of trained disaster search dog teams, the office shall do all of the following: (a) Provide instruction to California disaster dog trainers in Swiss techniques. (b) Work to secure authorization to conduct training for disaster search dog teams at existing facilities operated by the California National Guard and the Department of Transportation on the grounds of Camp San Luis Obispo. (c) Engage in recruiting activities for the purpose of increasing the number of disaster search dog teams in southern California. (d) Reimburse disaster search dog handlers and instructors for the costs of their travel and that of their dogs to training facilities within California. (Amended by Stats. 2013, Ch. 352, Sec. 131. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  200. 8588.7.

    ## 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. )

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    The Office of Emergency Services must procure, place, prepare, and provide mobile communication translators for mutual-aid emergency response use, but only to the extent 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 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 5. Office of Emergency Services [8585 - 8589.7] ( Heading of Article 5 amended by Stats. 2017, Ch. 561, Sec. 70. ) ## 8588.7. (a) The Office of Emergency Services shall procure mobile communication translators to enable mutual-aid emergency response agencies to communicate effectively while operating on incompatible frequencies. (b) Translators shall be located in the San Francisco Bay Area and the Los Angeles metropolitan area, made ready for use by local public safety officials by the Office of Emergency Services, and provided to the appropriate state-established mutual-aid region pursuant to Section 8600. (c) The Office of Emergency Services shall implement this section only to the extent that funds are appropriated to the office for this purpose in the Budget Act or in other legislation. (Amended by Stats. 2013, Ch. 352, Sec. 132. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

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