Public Resources Code — Part 31 | PRC — United States — California law | Esheria

Public Resources Code

Part 31 of 41 · provisions 6,001–6,200

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 5096.954.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 16. Program Expenditures [5096.953 - 5096.9545] ( Article 16 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The department must adopt emergency regulations by January 1, 2008 to implement Water Code Section 12585.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 16. Program Expenditures [5096.953 - 5096.9545] ( Article 16 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.954. On or before January 1, 2008, the department shall adopt emergency regulations to implement Section 12585.7 of the Water Code. (Added by Stats. 2007, Ch. 178, Sec. 13. Effective August 24, 2007.)
  2. 5096.9545.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 16. Program Expenditures [5096.953 - 5096.9545] ( Article 16 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The department may not require a local cost-share for certain funded levee evaluations, and it must identify specified levees in the plan and notify the Governor and Legislature of their location.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 16. Program Expenditures [5096.953 - 5096.9545] ( Article 16 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.9545. (a) For the purposes of any levee evaluation activities funded by the department, the department shall not require a local cost-share for the following levee evaluations: (1) Evaluations of levees that are part of the facilities of the State Plan of Flood Control. (2) Evaluations of levees located in the Central Valley that are not part of the State Plan of Flood Control, and that protect an urban area, as defined by subdivision (k) of Section 5096.805. (3) Evaluations of levees chosen to be performed by the department as part of an effort to protect critical water conveyance infrastructure through the Sacramento-San Joaquin Delta. (b) The department shall identify the levees described in paragraph (2) of subdivision (a) in the Bond Expenditure Disaster Preparedness and Flood Prevention Plan described in Section 5096.820 and notify the Governor and the Legislature of the location of these levees. (Added by renumbering Section 5096.955 (as added by Stats. 2007, Ch. 178, Sec. 14) by Stats. 2015, Ch. 303, Sec. 428. (AB 731) Effective January 1, 2016.)
  3. 5096.955.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    This section allows bonds up to $4,090,000,000 to be issued and sold for chapter purposes, and requires the Treasurer to sell the bonds authorized by the committee.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.955. (a) Bonds in the total amount of four billion ninety million dollars ($4,090,000,000), not including the amount of any refunding bonds issued in accordance with Section 5096.966, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute valid and binding obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  4. 5096.956.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    Bonds authorized by this chapter must be handled under the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.956. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  5. 5096.957.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    This section creates the Disaster Preparedness and Flood Prevention Bond Finance Committee for bond issuance and sale purposes, makes the Treasurer its chair, lets a majority act for the committee, and designates the department as the “board” for the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.957. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Disaster Preparedness and Flood Prevention Bond Finance Committee is hereby created. For the purposes of this chapter, the Disaster Preparedness and Flood Prevention Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the department is designated the “board.” (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  6. 5096.958.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The committee must decide whether issuing authorized bonds is necessary or desirable for carrying out the chapter, and if so, how many bonds to issue and sell.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.958. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter to carry out this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  7. 5096.959.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    Each year, a sum must be collected to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.959. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  8. 5096.960.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    Money is appropriated from the General Fund to pay bond principal and interest and to carry out Section 5096.963.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.960. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum that is necessary to carry out Section 5096.963, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  9. 5096.961.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The department may ask the Pooled Money Investment Board for a loan, but the request cannot exceed the amount of unsold bonds authorized for sale. If a loan is obtained, the department must sign required documents and the loaned money must be deposited in the fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.961. The department may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. The department shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the department in accordance with this chapter. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  10. 5096.962.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    If specified bonds have the required bond counsel opinion, the Treasurer may keep separate accounts for bond proceeds and earnings and may use them for federal-law-required payments or other actions needed to preserve tax-exempt status or federal advantages.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.962. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  11. 5096.963.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The Director of Finance may authorize withdrawals from the General Fund, but only up to the amount of unsold bonds approved for sale to carry out this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.963. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  12. 5096.964.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    Money in the fund from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund as a credit for bond interest spending.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.964. All money deposited in the fund that is derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  13. 5096.965.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The cost of bond issuance must be paid from bond proceeds, and those costs must be shared proportionally by each program funded by the bond act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.965. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  14. 5096.966.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    Bonds issued and sold under this chapter may be refunded under the referenced Government Code refunding procedure.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.966. The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the electors of the state for the issuance of the bonds under this chapter shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  15. 5096.967.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

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    The Legislature declares that proceeds from bonds authorized by this chapter are not treated as “proceeds of taxes” under Article XIII B, so their disbursement is not subject to that article’s limits.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.967. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
  16. 5096.968.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. )

    Verify source ↗

    $100 million of unissued chapter bonds is reallocated to finance Division 26.7 of the Water Code.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 17. Fiscal Provisions [5096.955 - 5096.968] ( Article 17 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.968. Notwithstanding any other law, one hundred million dollars ($100,000,000) of the unissued bonds authorized for the purposes of this chapter are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700) of the Water Code. The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this chapter. (Added by Stats. 2014, Ch. 188, Sec. 1. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  17. 5097.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

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    This provision defines “state lands” for this chapter and excludes certain local-government lands and certain fire trails.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097. As used in this chapter, “state lands” means lands owned by, or under the jurisdiction of, the state or any state agency. It does not include lands owned by, or under the jurisdiction of a city, county, or district, or fire trails under the jurisdiction of the Division of Forestry in the Department of Conservation. (Added by Stats. 1965, Ch. 1136.)
  18. 5097.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    Before construction starts, a state agency may submit general plans for a major public works project on state lands to the State Department of Parks and Recreation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.1. Prior to the commencement of construction of any major public works project on any state lands, the state agency proposing to construct the project, or on whose behalf the project is to be constructed, may submit to the State Department of Parks and Recreation general plans sufficient to indicate the nature of the project, its location, and the excavations which will be undertaken in connection with the project. (Added by Stats. 1965, Ch. 1136.)
  19. 5097.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    The department may survey affected state lands after receiving plans for a proposed construction project, and it must send its recommendations to the state agency about preserving, photographing, recording, or excavating archaeological, paleontological, or historical features.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.2. Upon receipt of plans for a proposed construction project upon state lands, the department may conduct an archaeological site survey on the affected state lands in order to determine whether the lands may contain any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological sites, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature. The department shall submit to the state agency, by or on whose behalf the project is to be constructed, its recommendations concerning the preservation, photographing, recording, or excavation for, any archaeological, paleontological, or historical features which may be located upon the lands. (Amended by Stats. 1992, Ch. 192, Sec. 1. Effective January 1, 1993.)
  20. 5097.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    A state agency may do surveys, excavations, or similar operations on state lands, and may also contract with the department to do them; the department may carry out the operations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.3. The state agency, by or on whose behalf public works are to be constructed on state lands, may undertake such surveys, excavations, or other operations on the state lands as it determines to be necessary to preserve or record any archaeological, paleontological, or historical features, including rock art, which may be located on the lands, after receiving the recommendations of the department, or the state agency may contract with the department to undertake those operations. The department may carry out the operations. (Amended by Stats. 1992, Ch. 192, Sec. 2. Effective January 1, 1993.)
  21. 5097.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    An archaeological program run by the Department of Parks and Recreation must not impair, impede, or delay any state construction project.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.4. No archaelogical program conducted by the Department of Parks and Recreation shall impair, impede or delay any state construction project. (Added by Stats. 1965, Ch. 1136.)
  22. 5097.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    A person may not knowingly and willfully disturb protected archaeological, paleontological, or historical features on public lands without express permission from the public agency in charge.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.5. (a) A person shall not knowingly and willfully excavate upon, or remove, destroy, injure, or deface, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over the lands. (b) As used in this section, “public lands” means lands owned by, or under the jurisdiction of, the state, or any city, county, district, authority, or public corporation, or any agency thereof. (c) A violation of this section is a misdemeanor, punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (d) (1) Upon conviction, the court shall order restitution, unless the court decides otherwise pursuant to subdivision (c) of Section 1202.4 of the Penal Code, to either of the following: (A) To the state agency, including any department of the state, a conservancy, or other instrumentality of the state, that has primary management authority over the public lands where the violation occurred, including public lands managed by the state under an agreement with another public entity. (B) To the city, county, district, or other local agency owning or having jurisdiction over the public lands where the violation occurred. (2) When determining restitution, the court shall consider evidence from the state or local agency to which restitution will be granted of the commercial and archaeological value of the property as follows: (A) The commercial value of an archaeological resource involved in a violation shall be its fair market value. If the violation has resulted in damage to the archaeological resource, the state or local agency shall determine the fair market value using the condition of the archaeological resource prior to the violation to the extent that its prior condition can be ascertained. For purposes of this subparagraph, “fair market value” means the price that a seller is willing to accept and a buyer is willing to pay on the open market. (B) The archaeological value of an archaeological resource involved in a violation shall be the value of the information associated with the archaeological resource. The state or local agency shall appraise the value in terms of the costs of the retrieval of the scientific information that would have been obtainable prior to the violation. (C) The costs considered for restitution may include, but are not limited to, the cost of preparing a research design, conducting background research, conducting field work, carrying out laboratory analyses, and preparing reports that would be necessary to realize the information potential of the resource. (D) The state or local agency shall follow the professional standards for determining commercial and archaeological value, in accordance with those procedures established in the federal Archaeological Resources Protection Act of 1979 (Public Law 96-95), as amended, and in compliance with the Uniform Regulations set forth in Subpart A (commencing with Section 7.1) of Part 7 of Title 43 of the Code of Federal Regulations. (E) For the purposes of restitution, the court shall consider the cost of restoration and repair of archaeological resources damaged as a result of a violation as well as the costs already incurred for emergency restoration or repair work, plus those costs projected by the state or local agency necessary to complete restoration and repair, that may include, but are not limited to, the costs of any one or more of the following: (i) Reconstruction of the archaeological resource. (ii) Stabilization of the archaeological resource. (iii) Ground contour reconstruction and surface stabilization. (iv) Research necessary to carry out reconstruction or stabilization. (v) Physical barriers or other protective devices necessitated by the disturbance of the archaeological resource to protect it from further disturbance. (vi) Examination and analysis of the archaeological resource, including recording remaining archaeological information where necessitated by disturbance in order to salvage remaining values that cannot be otherwise conserved. (vii) Reinterment of human remains in accordance with religious customs and federal, state, local, or tribal law, where appropriate. (e) If human remains that are determined to be Native American are recovered as a result of an action brought pursuant to this section, the requirements of Section 5097.9 shall apply to those remains. (f) (1) Notwithstanding Section 13340 of the Government Code, the restitution funds received pursuant to subdivision (d) by a state agency, conservancy, or other instrumentality of the state, are hereby continuously appropriated for expenditure by that state agency, conservancy, or other instrumentality only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. (2) The restitution funds received pursuant to subdivision (d) by a city, county, district, or other local agency may be expended by that city, county, district, or other local agency only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. (Amended by Stats. 2010, Ch. 635, Sec. 1. (SB 1034) Effective January 1, 2011.)
  23. 5097.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    Money for this chapter’s purposes may be spent only if there is a legislative appropriation or a contract with other state agencies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.6. Expenditures to carry out the purposes of this chapter shall be made only pursuant to legislative appropriation for these purposes or by contract with other state agencies. (Added by Stats. 1965, Ch. 1136.)
  24. 5097.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. )

    Verify source ↗

    After a conviction under Section 5097.5, certain archaeological resources, vehicles, and equipment used in the violation can be forfeited.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.7. Archaeological, Paleontological, and Historical Sites [5097 - 5097.7] ( Chapter 1.7 added by Stats. 1965, Ch. 1136. ) ## 5097.7. Upon a conviction pursuant to Section 5097.5, the following items are subject to forfeiture in accordance with the following conditions: (a) The archaeological resource that was the subject of the violation, and that is in the possession of the person, shall be subject to forfeiture. (b) (1) A vehicle that was used in connection with the violation may be subject to forfeiture, if the vehicle to be forfeited was not merely a means of transportation to the site but was either of the following: (A) The vehicle was specifically modified or designed to assist in the commission of the crime. (B) The vehicle was used as part of a pattern or scheme to commit the offense. (2) A vehicle that is subject to forfeiture shall be released to the legal owner or his or her agent pursuant to the procedures set forth in subdivision (e) of Section 21100.4 of the Vehicle Code. A legal owner or his or her agent that obtains a release of the vehicle shall not release the vehicle to the person convicted of a violation of Section 5097.7. (3) If there is a community property interest in the vehicle subject to forfeiture, the court shall consider whether there is another vehicle available to the party with that interest before ordering forfeiture of the vehicle. (c) Equipment used in the violation may be subject to forfeiture. (Added by Stats. 2010, Ch. 635, Sec. 2. (SB 1034) Effective January 1, 2011.)
  25. 5097.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    This section bars public agencies and certain private users of public property from interfering with Native American religious exercise or causing severe or irreparable damage to specified sacred sites on public property, unless the higher public-interest standard is shown.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.9. No public agency, and no private party using or occupying public property, or operating on public property, under a public license, permit, grant, lease, or contract made on or after July 1, 1977, shall in any manner whatsoever interfere with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution; nor shall any such agency or party cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, except on a clear and convincing showing that the public interest and necessity so require. The provisions of this chapter shall be enforced by the commission, pursuant to Sections 5097.94 and 5097.97. The provisions of this chapter shall not be construed to limit the requirements of the Environmental Quality Act of 1970, Division 13 (commencing with Section 21000). The public property of all cities, counties, and city and county located within the limits of the city, county, and city and county, except for all parklands in excess of 100 acres, shall be exempt from the provisions of this chapter. Nothing in this section shall, however, nullify protections for Indian cemeteries under other statutes. (Repealed and added by Stats. 1976, Ch. 1332.)
  26. 5097.91.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    The section creates the Native American Heritage Commission in state government and says it has nine members appointed by the Governor with the Senate’s advice and consent.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.91. There is in state government a Native American Heritage Commission, consisting of nine members appointed by the Governor with the advice and consent of the Senate. For purposes of this chapter, “commission” means the Native American Heritage Commission. (Amended by Stats. 2006, Ch. 863, Sec. 2. Effective January 1, 2007.)
  27. 5097.92.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    At least five of the nine commission members must be elders, traditional people, or spiritual leaders of California Native American tribes, and the Governor appoints the executive secretary.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.92. At least five of the nine members shall be elders, traditional people, or spiritual leaders of California Native American tribes, nominated by Native American organizations, tribes, or groups within the state. The executive secretary of the commission shall be appointed by the Governor. (Repealed and added by Stats. 1976, Ch. 1332.)
  28. 5097.93.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    Commission members serve without pay and can be reimbursed for actual and necessary expenses.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.93. The members of the commission shall serve without compensation but shall be reimbursed their actual and necessary expenses. (Repealed and added by Stats. 1976, Ch. 1332.)
  29. 5097.94.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    The commission has powers and duties to identify, catalog, notify, assist, mediate, report, and manage repatriation-related matters for Native American sacred places and burial sites.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.94. The commission shall have the following powers and duties: (a) To identify and catalog places of special religious or social significance to Native Americans, and known graves and cemeteries of Native Americans on private lands. The identification and cataloguing of known graves and cemeteries shall be completed on or before January 1, 1984. The commission shall notify landowners on whose property the graves and cemeteries are determined to exist, and shall identify the Native American group most likely descended from those Native Americans who may be interred on the property. (b) To make recommendations relative to Native American sacred places that are located on private lands, are inaccessible to Native Americans, and have cultural significance to Native Americans for acquisition by the state or other public agencies for the purpose of facilitating or assuring access to those sacred places by Native Americans. (c) To make recommendations to the Legislature relative to procedures that will voluntarily encourage private property owners to preserve and protect sacred places in a natural state and to allow appropriate access to Native American religionists for ceremonial or spiritual activities. (d) To appoint necessary clerical staff. (e) To accept grants or donations, real or in kind, to carry out the purposes of this chapter and the California Native American Graves Protection and Repatriation Act of 2001 (Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code). (f) To make recommendations to the Director of Parks and Recreation and the California Arts Council relative to the California State Indian Museum and other Indian matters touched upon by department programs. (g) To bring an action to prevent severe and irreparable damage to, or assure appropriate access for Native Americans to, a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, pursuant to Section 5097.97. If the court finds that severe and irreparable damage will occur or that appropriate access will be denied, and appropriate mitigation measures are not available, it shall issue an injunction, unless it finds, on clear and convincing evidence, that the public interest and necessity require otherwise. The Attorney General shall represent the commission and the state in litigation concerning affairs of the commission, unless the Attorney General has determined to represent the agency against whom the commission’s action is directed, in which case the commission shall be authorized to employ other counsel. In an action to enforce this subdivision the commission shall introduce evidence showing that a cemetery, place, site, or shrine has been historically regarded as a sacred or sanctified place by Native American people and represents a place of unique historical and cultural significance to an Indian tribe or community. (h) To request and use the advice and service of all federal, state, local, and regional agencies, including for purposes of carrying out the California Native American Graves Protection and Repatriation Act of 2001 (Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code). (i) To assist Native Americans in obtaining appropriate access to sacred places that are located on public lands for ceremonial or spiritual activities. (j) To assist state agencies in any negotiations with agencies of the federal government for the protection of Native American sacred places that are located on federal lands. (k) (1) To mediate, upon application of either of the parties, disputes arising between landowners and known descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials. (2) The agreements shall provide protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction and provide for sensitive treatment and disposition of Native American burials, skeletal remains, and associated grave goods consistent with the planned use of, or the approved project on, the land. (l) To assist interested landowners in developing agreements with appropriate Native American groups for treating or disposing, with appropriate dignity, of the human remains and any items associated with Native American burials. (m) To provide each California Native American tribe, as defined in Section 21073, on or before July 1, 2016, with a list of all public agencies that may be a lead agency pursuant to Division 13 (commencing with Section 21000) within the geographic area with which the tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the tribe may request the public agency to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation pursuant to Section 21080.3.1. (n) (1) To assume the powers and duties of the former Repatriation Oversight Commission and meet, when necessary and at least quarterly, to perform all of the following duties: (A) Order the repatriation of human remains and cultural items in accordance with the act. (B) Establish mediation procedures and, upon the application of the parties involved, mediate disputes among tribes and museums and agencies relating to the disposition of human remains and cultural items. The commission shall have the power of subpoena for purposes of discovery and may impose civil penalties against any agency or museum that intentionally or willfully fails to comply with the act. Members of the commission and commission staff shall receive training in mediation for purposes of this subparagraph. The commission may delegate its responsibility to mediate disputes to a certified mediator or commission staff. (C) Establish and maintain an internet website for communication among tribes and museums and agencies. (D) Upon the request of tribes or museums and agencies, analyze and make decisions regarding providing financial assistance to aid in specific repatriation activities. (E) Make recommendations to the Legislature to assist tribes in obtaining the dedication of appropriate state lands for the purposes of reinterment of human remains and cultural items. (F) (i) Prepare and submit to the Legislature an annual report detailing commission activities, disbursement of funds, and dispute resolutions relating to the repatriation activities under the act. (ii) A report submitted to the Legislature pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (G) Refer any known noncompliance with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) to the United States Attorney General and the Secretary of the Interior. (H) Impose administrative civil penalties pursuant to Section 8029 of the Health and Safety Code against an agency or museum that is determined by the commission to have violated the act. (I) Establish those rules and regulations the commission determines to be necessary for the administration of the act. (2) For purposes of this subdivision, the following terms have the following meanings: (A) “Act” means the California Native American Graves Protection and Repatriation Act (Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code). (B) “Tribe” means a “California Indian tribe” as that term is used in the act. (o) (1) To establish and assess a fee on a person or public or private entity that is reasonably related to the cost of conducting a search of catalogs, described in subdivision (a), inventories, described in Section 5097.96, or lists, described in Section 21073, for that person or entity, which funds shall be available to the commission upon appropriation by the Legislature. (2) The Legislature finds that, pursuant to subdivision (b) of Section 3 of Article XIII A of the California Constitution, the fees established pursuant to paragraph (1) are not taxes. To the extent that these fees are appropriated through the Budget Act for the purposes for which they are collected to provide services to the people of the State of California, the Legislature finds that these fees are not subject to Article XIII B of the California Constitution. (p) Review and provide comment and guidance on all policies and procedures proposed pursuant to Article 3 (commencing with Section 8025) and Article 3.5 (commencing with Section 8028.7) of Chapter 5 of Part 2 of Division 7 of the Health and Safety Code. (Amended by Stats. 2024, Ch. 80, Sec. 112. (SB 1525) Effective January 1, 2025.)
  30. 5097.95.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    State and local agencies must cooperate with the commission in carrying out this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.95. Each state and local agency shall cooperate with the commission in carrying out its duties under this chapter. Such cooperation shall include, but is not limited to, transmitting copies, at the commission’s expense, of appropriate sections of all environmental impact reports relating to property identified by the commission as of special religious significance to Native Americans or which is reasonably foreseeable as such property. (Repealed and added by Stats. 1976, Ch. 1332.)
  31. 5097.96.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    The commission may inventory Native American sacred places on public lands, must review existing protections, and must report its findings and recommendations to the Legislature by January 1, 1979.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.96. The commission may prepare an inventory of Native American sacred places that are located on public lands and shall review the current administrative and statutory protections accorded to such places. The commission shall submit a report to the Legislature no later than January 1, 1979, in which the commission shall report its findings as a result of these efforts and shall recommend such actions as the commission deems necessary to preserve these sacred places and to protect the free exercise of the Native American religions. (Repealed and added by Stats. 1976, Ch. 1332.)
  32. 5097.97.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    If notified that a public action may damage a Native American sacred site on public property or block Native American access, the commission must investigate.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.97. In the event that any Native American organization, tribe, group, or individual advises the commission that a proposed action by a public agency may cause severe or irreparable damage to a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, or may bar appropriate access thereto by Native Americans, the commission shall conduct an investigation as to the effect of the proposed action. Where the commission finds, after a public hearing, that the proposed action would result in such damage or interference, the commission may recommend mitigation measures for consideration by the public agency proposing to take such action. If the public agency fails to accept the mitigation measures, and if the commission finds that the proposed action would do severe and irreparable damage to a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property, the commission may ask the Attorney General to take appropriate legal action pursuant to subdivision (g) of Section 5097.94. (Repealed and added by Stats. 1976, Ch. 1332.)
  33. 5097.98.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    When Native American human remains are discovered, the commission must notify likely descendants, descendants may inspect and recommend treatment, and the landowner must confer, protect the site, and reinter the remains if needed.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.98. (a) Whenever the commission receives notification of a discovery of Native American human remains from a county coroner pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, it shall immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. (b) Upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section, with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants’ preferences for treatment. (1) The descendants’ preferences for treatment may include the following: (A) The nondestructive removal and analysis of human remains and items associated with Native American human remains. (B) Preservation of Native American human remains and associated items in place. (C) Relinquishment of Native American human remains and associated items to the descendants for treatment. (D) Other culturally appropriate treatment. (2) The parties may also mutually agree to extend discussions, taking into account the possibility that additional or multiple Native American human remains, as defined in this section, are located in the project area, providing a basis for additional treatment measures. (c) For the purposes of this section, “conferral” or “discuss and confer” means the meaningful and timely discussion and careful consideration of the views of each party, in a manner that is cognizant of all parties’ cultural values, and where feasible, seeking agreement. Each party shall recognize the other’s needs and concerns for confidentiality of information provided to the other. (d) (1) Human remains of a Native American may be an inhumation or cremation, and in any state of decomposition or skeletal completeness. (2) Any items associated with the human remains that are placed or buried with the Native American human remains are to be treated in the same manner as the remains, but do not by themselves constitute human remains. (e) Whenever the commission is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. To protect these sites, the landowner shall do one or more of the following: (1) Record the site with the commission or the appropriate Information Center. (2) Utilize an open-space or conservation zoning designation or easement. (3) Record a document with the county in which the property is located. The document shall be titled “Notice of Reinterment of Native American Remains” and shall include a legal description of the property, the name of the owner of the property, and the owner’s acknowledged signature, in addition to any other information required by this section. The document shall be indexed as a notice under the name of the owner. (f) Upon the discovery of multiple Native American human remains during a ground disturbing land development activity, the landowner may agree that additional conferral with the descendants is necessary to consider culturally appropriate treatment of multiple Native American human remains. Culturally appropriate treatment of the discovery may be ascertained from a review of the site utilizing cultural and archaeological standards. Where the parties are unable to agree on the appropriate treatment measures the human remains and items associated and buried with Native American human remains shall be reinterred with appropriate dignity, pursuant to subdivision (e). (g) Notwithstanding Section 5097.9, this section, including those actions taken by the landowner or his or her authorized representative to implement this section and any action taken to implement an agreement developed pursuant to subdivision (l) of Section 5097.94, shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (h) Notwithstanding Section 30244, this section, including those actions taken by the landowner or his or her authorized representative to implement this section and any action taken to implement an agreement developed pursuant to subdivision (l) of Section 5097.94, shall be exempt from the requirements of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)). (Amended by Stats. 2009, Ch. 208, Sec. 6. (SB 833) Effective January 1, 2010.)
  34. 5097.99.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    A person must not obtain, possess, or remove Native American artifacts or human remains from a Native American grave or cairn, subject to stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.99. (a) No person shall obtain or possess any Native American artifacts or human remains which are taken from a Native American grave or cairn on or after January 1, 1984, except as otherwise provided by law or in accordance with an agreement reached pursuant to subdivision (l) of Section 5097.94 or pursuant to Section 5097.98. (b) Any person who knowingly or willfully obtains or possesses any Native American artifacts or human remains which are taken from a Native American grave or cairn after January 1, 1988, except as otherwise provided by law or in accordance with an agreement reached pursuant to subdivision (l) of Section 5097.94 or pursuant to Section 5097.98, is guilty of a felony which is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (c) Any person who removes, without authority of law, any Native American artifacts or human remains from a Native American grave or cairn with an intent to sell or dissect or with malice or wantonness is guilty of a felony which is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 557. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  35. 5097.991.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. )

    Verify source ↗

    The state policy is that Native American remains and associated grave artifacts should be repatriated.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.75. Native American Historical, Cultural, and Sacred Sites [5097.9 - 5097.991] ( Chapter 1.75 repealed and added by Stats. 1976, Ch. 1332. ) ## 5097.991. It is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Added by Stats. 1991, Ch. 370, Sec. 2.)
  36. 5097.993.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.76. Native American Historic Resource Protection Act [5097.993 - 5097.994] ( Chapter 1.76 added by Stats. 2002, Ch. 1155, Sec. 2. )

    Verify source ↗

    It is a misdemeanor to unlawfully and maliciously damage certain Native American historic, cultural, or sacred sites and related resources, when done with specific intent and under the listed location conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.76. Native American Historic Resource Protection Act [5097.993 - 5097.994] ( Chapter 1.76 added by Stats. 2002, Ch. 1155, Sec. 2. ) ## 5097.993. (a) (1) A person who unlawfully and maliciously excavates upon, removes, destroys, injures, or defaces a Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site, any inscriptions made by Native Americans at such a site, any archaeological or historic Native American rock art, or any archaeological or historic feature of a Native American historic, cultural, or sacred site, is guilty of a misdemeanor if the act was committed with specific intent to vandalize, deface, destroy, steal, convert, possess, collect, or sell a Native American historic, cultural, or sacred artifact, art object, inscription, or feature, or site, and the act was committed as follows: (A) On public land. (B) On private land, by a person, other than the landowner, as described in subdivision (b). (2) A violation of this section is punishable by imprisonment in the county jail for up to one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) This section does not apply to any of the following: (1) An act taken in accordance with, or pursuant to, an agreement entered into pursuant to subdivision (l) of Section 5097.94. (2) An action taken pursuant to Section 5097.98. (3) An act taken in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (4) An act taken in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). (5) An act authorized under the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4). (6) An action taken with respect to a conservation easement in accordance with Chapter 4 (commencing with Section 815) of Division 2 of the Civil Code, or any similar nonperpetual enforceable restriction that has as its purpose the conservation, maintenance, or provision of physical access of Native Americans to one or more Native American historic, cultural, or sacred sites, or pursuant to a contractual agreement for that purpose to which most likely descendents of historic Native American inhabitants are signatories. (7) An otherwise lawful act undertaken by the owner, or an employee or authorized agent of the owner acting at the direction of the owner, of land on which artifacts, sites, or other Native American resources covered by this section are found, including, but not limited to, farming, ranching, forestry, improvements, investigations into the characteristics of the property conducted in a manner that minimizes adverse impacts unnecessary to that purpose, and the sale, lease, exchange, or financing of real property. (8) Research conducted under the auspices of an accredited postsecondary educational institution or other legitimate research institution on public land in accordance with applicable permitting requirements or on private land in accordance with otherwise applicable law. (Added by renumbering Section 5097.995 by Stats. 2004, Ch. 286, Sec. 9. Effective January 1, 2005.)
  37. 5097.994.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.76. Native American Historic Resource Protection Act [5097.993 - 5097.994] ( Chapter 1.76 added by Stats. 2002, Ch. 1155, Sec. 2. )

    Verify source ↗

    This section sets a civil penalty of up to $50,000 per violation for a person who violates Section 5097.993(a).

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.76. Native American Historic Resource Protection Act [5097.993 - 5097.994] ( Chapter 1.76 added by Stats. 2002, Ch. 1155, Sec. 2. ) ## 5097.994. (a) A person who violates subdivision (a) of Section 5097.993 is subject to a civil penalty not to exceed fifty thousand dollars ($50,000) per violation. (b) A civil penalty may be imposed for each separate violation of subdivision (a) in addition to any other civil penalty imposed for a separate violation of any other provision of law. (c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into account the extent of the damage to the resource. In making the determination of damage, the court may consider the commercial or archaeological value of the resource involved and the cost to restore and repair the resource. (d) A civil action may be brought pursuant to this section by the district attorney, the city attorney, or the Attorney General, or by the Attorney General upon a complaint by the Native American Heritage Commission. (e) (1) All moneys collected from civil penalties imposed pursuant to this section as a result of an enforcement action brought by a city or county shall be distributed to the city or county treasurer of the city or county that brought the action. These moneys shall be first utilized to repair or restore the damaged site, and the remaining moneys shall be available to that city or county to offset costs incurred in enforcing this chapter. (2) All moneys collected from civil penalties imposed pursuant to this section as a result of an enforcement action brought by the Attorney General shall be first distributed to, and utilized by, the Native American Heritage Commission to repair or restore the damaged site, and the remaining moneys shall be available to the Attorney General to offset costs incurred in enforcing this chapter. (Added by renumbering Section 5097.996 by Stats. 2004, Ch. 286, Sec. 10. Effective January 1, 2005.)
  38. 5097.997.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.77. California Indian Heritage Center Task Force [5097.997 - 5097.998] ( Heading of Chapter 1.77 amended by Stats. 2004, Ch. 286, Sec. 6. )

    Verify source ↗

    This section defines “heritage center” and “task force” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.77. California Indian Heritage Center Task Force [5097.997 - 5097.998] ( Heading of Chapter 1.77 amended by Stats. 2004, Ch. 286, Sec. 6. ) ## 5097.997. For the purposes of this chapter, the following terms have the following meanings: (a) “ Heritage center” means the California Indian Heritage Center. (b) “Task force” means the California Indian Heritage Center Task Force as described in Section 5097.998. (Added by renumbering Section 5097.993 by Stats. 2004, Ch. 286, Sec. 7. Effective January 1, 2005.)
  39. 5097.998.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.77. California Indian Heritage Center Task Force [5097.997 - 5097.998] ( Heading of Chapter 1.77 amended by Stats. 2004, Ch. 286, Sec. 6. )

    Verify source ↗

    This section creates the California Indian Heritage Center Task Force, sets how members are appointed, and assigns the task force reporting and advisory duties.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.77. California Indian Heritage Center Task Force [5097.997 - 5097.998] ( Heading of Chapter 1.77 amended by Stats. 2004, Ch. 286, Sec. 6. ) ## 5097.998. (a) The California Indian Heritage Center Task Force is hereby created within the department. The task force shall be convened by the department on or before February 1, 2003. (b) The task force shall consist of 9 voting members, appointed as follows: (1) Three members from separate California Indian tribes, appointed by the director. Each member shall reside in California at the time of appointment. The director shall consider geographic and cultural diversity when making the appointments. (2) Two members from California Indian tribes shall be appointed by the Executive Secretary of the Native American Heritage Commission. In making these appointments, the executive secretary shall select those individuals who have demonstrated an expertise in any of the following areas: (A) American Indian education. (B) California Indian arts, culture, and language. (C) California Indian history. (3) One member shall be the director or his or her designee. This member shall serve as the executive secretary of the task force and coordinate work product and assistance with the department. (4) One member shall be the Executive Secretary of the Native American Heritage Commission or his or her designee. (5) One member shall be the State Librarian or his or her designee. (6) One member shall be the Secretary of the Resources Agency or his or her designee. (c) The task force shall elect a chairperson and determine the term of office of the chairperson by majority vote. (d) Members of the task force may not receive any state compensation for their services or be reimbursed for travel or per diem expenses. (e) The duties and responsibilities of the task force shall include, but shall not be limited to, all of the following: (1) Making recommendations to the department on the potential siting of the heritage center. Every effort shall be made to site the heritage center within proximity of other cultural and historical facilities. The siting recommendations shall also take into consideration the public accessibility of the facility. A task force report on the potential sites for the heritage center shall be delivered to the department no later than one year after the task force is convened. (2) Advising and making recommendations to the department on the cultural concepts and designs of the heritage center. (3) Establishing and maintaining communication between tribes, museums, and local, state, and federal agencies. (4) Requesting and utilizing the advice and services of tribes, museums, and local, state, and federal agencies as needed to carry out the objectives of this chapter. (5) Developing and recommending to the department a governing structure for the ongoing operation of the heritage center. (6) Preparing and submitting to the Legislature an annual report detailing the task force’s activities and progress towards establishing the heritage center. (f) The task force’s responsibilities shall be complete and its duties discharged when the heritage center is completed and the department has adopted a governing structure for the completed heritage center. The director may terminate the task force prior to that time, but only if the director obtains approval from two-thirds of the task force members. (g) The department shall make every effort to encourage nonstate participation and partnerships in the development and construction of the heritage center. (Added by renumbering Section 5097.994 by Stats. 2004, Ch. 286, Sec. 8. Effective January 1, 2005.)
  40. 5097.999.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.78. California Indian Heritage Center [5097.999- 5097.999.] ( Chapter 1.78 added by Stats. 2018, Ch. 51, Sec. 28. )

    Verify source ↗

    The Legislature states its intent that the department develop a California Indian Heritage Center.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.78. California Indian Heritage Center [5097.999- 5097.999.] ( Chapter 1.78 added by Stats. 2018, Ch. 51, Sec. 28. ) ## 5097.999. It is the intent of the Legislature that the department develop a California Indian Heritage Center for cultural preservation, learning and exchange, land stewardship, and a place to engage all visitors in celebrating the living cultures of California tribes. (Added by Stats. 2018, Ch. 51, Sec. 28. (SB 854) Effective June 27, 2018.)
  41. 5098.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.8. Federal Grants for Acquisition and Development Projects [5098 - 5098.3] ( Heading of Chapter 1.8 amended by Stats. 1979, Ch. 1065. )

    Verify source ↗

    This section defines “fund” as the State Parks and Recreation Fund, and treats references to the Park and Recreation Revolving Account in the General Fund as references to that fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.8. Federal Grants for Acquisition and Development Projects [5098 - 5098.3] ( Heading of Chapter 1.8 amended by Stats. 1979, Ch. 1065. ) ## 5098. As used in this chapter, “fund” means the State Parks and Recreation Fund. Any reference to the Park and Recreation Revolving Account in the General Fund shall mean the State Parks and Recreation Fund, as created by Section 5010. (Amended by Stats. 1979, Ch. 1065.)
  42. 5098.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.8. Federal Grants for Acquisition and Development Projects [5098 - 5098.3] ( Heading of Chapter 1.8 amended by Stats. 1979, Ch. 1065. )

    Verify source ↗

    Federal grants tied to state-funded Department of Parks and Recreation acquisition and development projects must be deposited in the fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.8. Federal Grants for Acquisition and Development Projects [5098 - 5098.3] ( Heading of Chapter 1.8 amended by Stats. 1979, Ch. 1065. ) ## 5098.1. All federal grants which result from the expenditure of state funds for Department of Parks and Recreation acquisition and development projects shall be deposited in the fund. (Amended by Stats. 1979, Ch. 1065.)
  43. 5098.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.8. Federal Grants for Acquisition and Development Projects [5098 - 5098.3] ( Heading of Chapter 1.8 amended by Stats. 1979, Ch. 1065. )

    Verify source ↗

    Except for Section 5098.1, money in the fund received under the federal Land and Water Conservation Fund Act of 1965 must be managed and spent under Chapter 1.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.8. Federal Grants for Acquisition and Development Projects [5098 - 5098.3] ( Heading of Chapter 1.8 amended by Stats. 1979, Ch. 1065. ) ## 5098.3. Except as provided in Section 5098.1, the management and disbursement of moneys in the fund received pursuant to the “Land and Water Conservation Fund Act of 1965” (Public Law 88-578; 78 Stat. 897) are governed by the provisions of Chapter 1.9 (commencing with Section 5099) of this division. (Amended by Stats. 1979, Ch. 1065.)
  44. 5099.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 1. Declaration of Policy [5099- 5099.] ( Article 1 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    This section states the chapter’s purpose: to give authority for the state and its local agencies and subdivisions to participate in benefits under the Land and Water Conservation Fund Act of 1965.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 1. Declaration of Policy [5099- 5099.] ( Article 1 added by Stats. 1967, Ch. 1322. ) ## 5099. It is the purpose of this chapter to provide authority to enable the state and its local governmental agencies and subdivisions to participate in the benefits of the “Land and Water Conservation Fund Act of 1965” (Public Law 88-578; 78 Stat. 897). (Added by Stats. 1967, Ch. 1322.)
  45. 5099.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 3. Administration [5099.10 - 5099.12] ( Article 3 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must propose rules and regulations, hold a public hearing before March 1, 1968, and publish adopted or revised rules in the California Administrative Code.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 3. Administration [5099.10 - 5099.12] ( Article 3 added by Stats. 1967, Ch. 1322. ) ## 5099.10. The director shall propose rules and regulations which establish standards governing the disbursement of funds received by him pursuant to this chapter. The director shall hold a public hearing on such proposed rules and regulations, before March 1, 1968, in the following locations: (1) Redding or Red Bluff; (2) Sacramento; (3) Los Angeles; and (4) San Diego. After March 1, 1968, the director may hold hearings as he deems necessary on revisions of the rules and regulations as originally adopted pursuant to this section, and he shall hold hearings on such proposed revisions upon request. Rules and regulations which have been adopted or revised pursuant to this section shall be published in the California Administrative Code. (Added by Stats. 1967, Ch. 1322.)
  46. 5099.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 3. Administration [5099.10 - 5099.12] ( Article 3 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must send adopted rules and regulations, and later send any adopted revisions, to each Member of the Legislature.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 3. Administration [5099.10 - 5099.12] ( Article 3 added by Stats. 1967, Ch. 1322. ) ## 5099.11. The director shall transmit a copy of rules and regulations which have been adopted, and shall annually transmit any adopted revisions thereof, to each Member of the Legislature. (Added by Stats. 1967, Ch. 1322.)
  47. 5099.12.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 3. Administration [5099.10 - 5099.12] ( Article 3 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must allocate annual funds 60% to local governmental projects and 40% to state agency projects, subject to deductions and a contingency fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 3. Administration [5099.10 - 5099.12] ( Article 3 added by Stats. 1967, Ch. 1322. ) ## 5099.12. Of the annual apportionment of funds received by the director pursuant to this chapter, 60 percent shall be allocated for local governmental agency projects and 40 percent for state agency projects. The state agency share shall be disbursed to the following state agencies in the following percentages: 60 percent to the Department of Parks and Recreation; 35 percent to the Wildlife Conservation Board or the Department of Fish and Game; and 5 percent to the Department of Water Resources. The State Coastal Conservancy established pursuant to Section 31100 is eligible to compete for grants of funds for projects of an outdoor recreational nature from the 6-percent contingency fund established by this section. If either the state or local governmental agencies are unable to utilize their allocation of funds, the director shall allocate the uncommitted funds to those state or local governmental agencies that are in position to take advantage of the funds during the year in which they are allocated. The 60-percent allocation for local governmental agency projects and the 40-percent allocation to state agency projects shall not be computed until the costs of maintaining and keeping up to date the plan required pursuant to Section 5099.2 and an additional 6 percent for deposit to a contingency fund have been deducted. (Amended by Stats. 2013, Ch. 352, Sec. 481. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  48. 5099.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must maintain and keep up to date a comprehensive state outdoor recreation plan.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. ) ## 5099.2. The director shall maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state. Such plan shall be prepared so that it meets the requirements of the “Land and Water Conservation Fund Act of 1965” (Public Law 88-578; 78 Stat. 897) with respect to grants to the states under that act. (Added by Stats. 1967, Ch. 1322.)
  49. 5099.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must seek federal aid, make agreements with the U.S. Department of the Interior, keep related records, provide needed reports and information, coordinate with state and local agencies, and give equal consideration to urban and rural areas when distributing the fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. ) ## 5099.3. The director shall apply to the Department of the Interior of the United States for participation in or the receipt of aid under the Land and Water Conservation Fund Act of 1965. He shall enter into contracts and agreements with the Department of the Interior of the United States, keep financial and other records relating thereto, and furnish to appropriate officials thereof such reports and information as may be reasonably necessary to enable such officials to perform their duties under the act. In connection with obtaining the benefits of the act, the director shall coordinate his activities with, and represent the interests of, all state and local governmental agencies and subdivisions of the state having interests in the planning, development, and maintenance of outdoor recreation resources and facilities. In so doing, the director shall give equal consideration to urban and rural areas in disbursing the fund. (Added by Stats. 1967, Ch. 1322.)
  50. 5099.35.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The Legislature states that federal outdoor recreation assistance should add to, not replace, state and local outdoor recreation funds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. ) ## 5099.35. The Legislature recognizes that it is the intended purpose of the Land and Water Conservation Fund Act of 1965, as expressed in such act, that such federal financial assistance as may be provided to the state pursuant to the act shall be in addition to, rather than as a substitute for, state and local outdoor recreation funds. (Added by Stats. 1972, Ch. 1222.)
  51. 5099.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director may receive and disburse federal outdoor-recreation funds on behalf of state and local agencies, and those funds must be placed in the Special Deposit Fund in the State Treasury and spent only under federal terms and conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. ) ## 5099.4. The director may receive, on behalf of state and local agencies and subdivisions of the state, and disburse any federal funds for outdoor recreation purposes received pursuant to the act. Such funds shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Added by Stats. 1967, Ch. 1322.)
  52. 5099.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must not commit to or sign agreements under this chapter until the required state share is confirmed available, and may make and administer agreements with the U.S. Department of the Interior for certain planning, acquisition, and development projects.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. ) ## 5099.5. The director shall make no commitment or enter into any agreement pursuant to an exercise of authority under this chapter until he has determined that any money or property required to be furnished as the state’s share, if any, of project cost is available for such purpose. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to the act participated in by this state under authority of this chapter, such areas and facilities shall be publicly maintained for outdoor recreation purposes. The director may enter into and administer agreements with the Department of the Interior of the United States for planning, acquisition, and development projects involving participation in or receipt of aid under the act on behalf of any local governmental agency or subdivision of this state. (Added by Stats. 1967, Ch. 1322.)
  53. 5099.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. )

    Verify source ↗

    The director must withhold funds from certain local agencies or subdivisions that violate public-beach standards, and may release those funds only after determining compliance.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.9. California Outdoor Recreation Resources Plan Act [5099 - 5099.12] ( Chapter 1.9 added by Stats. 1967, Ch. 1322. ) ## ARTICLE 2. Powers and Duties [5099.2 - 5099.7] ( Article 2 added by Stats. 1967, Ch. 1322. ) ## 5099.7. The director, after receiving a report from the health officer pursuant to subdivision (c) of Section 115885 of the Health and Safety Code, shall withhold any funds that are received on or after the effective date of this section from any local agency or subdivision of the state in which a public beach is located and that is in violation of the standards established pursuant to Section 115880 of the Health and Safety Code. The director may disburse any of those funds to the local agency or subdivision only when he or she determines the standards established pursuant to Section 115880 of the Health and Safety Code are being complied with. (Amended by Stats. 1996, Ch. 1023, Sec. 401. Effective September 29, 1996.)
  54. 510.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may adopt, alter, change, or amend any state master plan of shoreline development.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 510. The department may adopt, alter, change or amend any state master plan of shoreline development. (Repealed and added by Stats. 1965, Ch. 1144.)
  55. 5101.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    County boards of supervisors and city governing bodies may accept gifts and donations to fund a monument to California pioneers within the county or city.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5101. The board of supervisors of any county or the governing body of any city, may receive devises, bequests, donations, and gifts, for the purpose of erecting, within the county, or city, a monument in memory of California pioneers. (Added by Stats. 1939, Ch. 94.)
  56. 5102.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board of supervisors or other governing body may erect the monument if it believes the received devises, bequests, donations, and gifts are sufficient.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5102. When, in the opinion of the board of supervisors or other governing body, the devises, bequests, donations, and gifts received are sufficient for the purpose, it may erect the monument. (Added by Stats. 1939, Ch. 94.)
  57. 5103.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board of supervisors or other governing body may put a monument-tax question to the county or city voters, and it must be submitted at a general or other election.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5103. The board of supervisors or other governing body may submit to the qualified electors of the county, or the city, the question whether taxes for the erection of a monument to the California pioneers shall be levied on the taxable property of the county or city. The question shall be submitted at a general or other election held in the county or city. (Added by Stats. 1939, Ch. 94.)
  58. 5104.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The election must be noticed by posting in at least three public places for 20 days, and the notice must state the amount to be raised and the purpose.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5104. Twenty days’ notice of the election shall be given by posting in at least three public places in the county, or the city. The notices shall state specifically the amount to be raised and the purpose. If a majority of all the votes cast at the election are in favor of the proposal, the tax provided for in this article is authorized. (Added by Stats. 1939, Ch. 94.)
  59. 5105.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Ballots must print a specified question about adopting the measure, with separate “Yes” and “No” lines.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5105. The ballots shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” To the right or below the statement of the measure to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Repealed and added by Stats. 2025, Ch. 303, Sec. 26. (AB 1512) Effective January 1, 2026.)
  60. 5106.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    If a county has voted a tax, the board of supervisors must levy the tax at the next annual tax levy.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5106. When the tax has been voted in a county, the board of supervisors, in the next annual levy of taxes, shall levy a tax on the property in the county, sufficient to produce the amount voted for the purpose, which tax shall be assessed and collected in the same manner as other taxes are levied and collected. (Added by Stats. 1939, Ch. 94.)
  61. 5107.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    If a city has voted for the tax, the city’s governing body must levy it at the next annual tax levy.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5107. When the tax has been voted in a city, its governing body, in the next annual levy of taxes, shall levy a tax on the property in the city, sufficient to produce the amount voted for the purpose, which tax shall be assessed and collected in the same manner as other taxes are levied and collected. (Added by Stats. 1939, Ch. 94.)
  62. 5108.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    When the taxes collected for monuments are available, the county board of supervisors or city governing body must use the money for the purpose approved by voters.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5108. When the taxes so raised and collected are available, the board of supervisors, in case of monuments for a county, and the governing body of a city, in case of monuments for a city, shall proceed to carry out the purpose for which the money was voted. (Added by Stats. 1939, Ch. 94.)
  63. 5109.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    County boards of supervisors may use county general-fund money to erect monuments or place tablets commemorating historic spots or places within the county.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. Monuments [5101 - 5109] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5109. The boards of supervisors in the several counties may appropriate money from the general fund of the county to erect monuments or to place tablets to commemorate historic spots or places within the limits of the county. (Added by Stats. 1939, Ch. 94.)
  64. 511.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may buy insurance for its vessels, but only with approval from the Department of General Services.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 511. The department, with the approval of the Department of General Services, may procure insurance on vessels owned or operated by the department against the usual hazards in addition to the special hazards occasioned by the existence of a state of war. (Repealed and added by Stats. 1965, Ch. 1144.)
  65. 512.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may publish and distribute materials to share information about its activities, and it must deposit sale proceeds in the State Treasury for the General Fund.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 512. For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate such information. Such publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications shall be paid into the State Treasury to the credit of the General Fund. (Amended by Stats. 1967, Ch. 1179.)
  66. 5120.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county board of supervisors may, by ordinance, declare its intent to establish and maintain a museum.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5120. The board of supervisors of any county may by ordinance declare its intention to establish and maintain a museum of history, science, art, or similar objects. After the ordinance has taken effect, the board may exercise any or all of the powers provided in this article, directly or by agents under its direction and control. The board may exercise any other power necessary and proper to promote the objects and purposes of a museum devoted to the acquisition, exhibition, and utilization of scientific, artistic, historical, or similar material. (Added by Stats. 1939, Ch. 94.)
  67. 5121.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may acquire and manage real and personal property needed to house and care for museum exhibits and materials.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5121. The board may acquire and manage real and personal property necessary properly to house and care for the exhibits and materials placed in the museum. (Added by Stats. 1939, Ch. 94.)
  68. 5122.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may acquire and maintain a library for the museum’s purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5122. The board may acquire and maintain a library in furtherance of the objects of the museum. (Added by Stats. 1939, Ch. 94.)
  69. 5123.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may acquire museum exhibition or study material, and may also sell, lend, or exchange material, following museum custom.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5123. The board may purchase, collect, trade, exchange, or otherwise acquire exhibition or study material proper or necessary for the use of the museum, and may sell, lend, or exchange material, according to the established custom of museums. (Added by Stats. 1939, Ch. 94.)
  70. 5124.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may hold lectures, entertainments, receptions, and meetings to support the museum’s interests and share its materials or educational benefits with the public.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5124. The board may conduct lectures, entertainments and receptions, and hold meetings in furtherance of the interests of the museum for the purpose of acquainting the public with material or exhibitions in the museum, or in order that the educational advantages offered by the museum may be widely distributed. (Added by Stats. 1939, Ch. 94.)
  71. 5125.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may conduct or help with study, investigation, or research in any department established in the museum.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5125. The board may conduct or assist study, investigation, or research in any department established in the museum. (Added by Stats. 1939, Ch. 94.)
  72. 5126.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may run special or technical schools or institutes about museum-related matters, issue completion certificates, and charge fees to cover instruction costs.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5126. The board may conduct special or technical schools or institutes for instruction in any of the matters pertaining to or connected with the museum, may issue certificates evidencing completion of the instruction taken to the satisfaction of the board, and may charge fees necessary to defray the cost of instruction. (Amended by Stats. 1955, Ch. 1504.)
  73. 5127.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may cooperate with specified public and private entities to advance learning in the arts and sciences.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5127. The board may cooperate with other governmental agencies, with universities, colleges, technical schools, societies, or individuals in the advancement of learning in the arts and sciences. (Added by Stats. 1939, Ch. 94.)
  74. 5128.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may publish museum work documents and may sell, exchange, or distribute them without charge.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5128. The board may publish documents pertaining to the work of the museum and may sell, exchange, or distribute them without charge. (Added by Stats. 1939, Ch. 94.)
  75. 5129.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may hire curators, attendants, or other people needed to run the museum and carry out this article’s powers.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5129. The board may employ curators, attendants, or other persons necessary to conduct the museum and to carry out the powers granted by this article. (Added by Stats. 1939, Ch. 94.)
  76. 513.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section lets the department work with nonprofit cooperating associations and concessions to provide park-related educational, interpretive, and visitor services, subject to department approval and other stated conditions.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 513. (a) The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public. (b) Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department. (c) A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services. (d) For purposes of this section, the following definitions apply: (1) “Cooperating association” means a corporation that meets all of the following criteria: (A) The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. (B) The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs. (C) The corporation has a cooperating association program contract with the department. (D) The corporation is in compliance with the department’s policies and guidelines regarding cooperating associations and has obtained the department’s approval for its educational and interpretive materials and services. (2) “Educational and interpretive materials” include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs. (3) “Educational and interpretive services” include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department. (4) “Educational and interpretive materials and services” do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas. (e) The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit. (f) Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve. (Amended by Stats. 2015, Ch. 573, Sec. 3. (SB 204) Effective January 1, 2016.)
  77. 513.1.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may provide space and facilities for schools to use for environmental education in state park units.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 513.1. The department may provide space and facilities for schools to use for environmental education purposes within units of the state park system. (Added by Stats. 1972, Ch. 939.)
  78. 5130.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A qualifying county may join with museum-related groups, and its board of supervisors may send a representative to meetings.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5130. Any county in which a museum has been established and is being maintained under this article may become associated with other governmental agencies, associations, societies, or persons in any society, association, or conference the purpose of which is the promotion of museums and the objects advanced by museums, and its board of supervisors may send a representative to any meeting of any such society, association, or conference. (Added by Stats. 1939, Ch. 94.)
  79. 5131.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Boards of supervisors may allow nonprofit incorporated historical societies to withdraw certain pre-1876 county records for exhibition, if the request is made in writing and a certified copy is filed in place of the original.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5131. Under such limitations and restrictions as are prescribed by law, boards of supervisors may permit nonprofit incorporated historical societies to withdraw from the county records for exhibition purposes within the county any original document filed prior to January 1, 1876, when application for withdrawal is made in writing by an authorized agent of the society. A certified copy of the document shall be prepared at the applicant’s expense, and filed in place of the original. (Added by Stats. 1939, Ch. 94.)
  80. 5132.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Boards of supervisors may place certain county historical property with a county historical society, and may set reasonable delivery conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2. County Museums, and Historical Records and Property [5120 - 5132] ( Article 2 added by Stats. 1939, Ch. 94. ) ## 5132. Under such limitations and restrictions as are prescribed by law, boards of supervisors may place in the custody and control of the county historical society, or its trustees or other directors, any records, landmarks, or other property, real or personal, of the county having only historical value. The trustees and directors shall at all times be appointed by the historical society with the consent and approval of the board of supervisors and shall not receive compensation from the county. The board of supervisors may prescribe reasonable conditions for the delivering of the property. (Added by Stats. 1939, Ch. 94.)
  81. 5135.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. )

    Verify source ↗

    Cities and counties may accept real property for museum or art gallery purposes, or allow buildings and improvements for those purposes on land they own.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. ) ## 5135. Every city and every county may accept title to real property for museum or art gallery purposes, or permit the erection of buildings and improvements for such purposes on lands owned by the city or county. (Added by Stats. 1941, Ch. 1171.)
  82. 5136.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. )

    Verify source ↗

    A city or county governing body may delegate museum or art gallery management to the donor, the donor’s successors, or trustees/directors nominated by the donor, on terms the governing body sets.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. ) ## 5136. Whenever any donation of real property has been made to a city or county for museum or art gallery purposes, or any building or improvements therefor have been erected upon public lands by an individual or corporation without cost to the city or county, the governing body of the city or county may delegate the management, operation, maintenance and regulation thereof to the donor or his successors, or to boards of trustees or directors nominated by the donor and appointed by the governing body of the city or county, upon such terms and conditions as the governing body may prescribe. (Added by Stats. 1941, Ch. 1171.)
  83. 5137.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. )

    Verify source ↗

    If a city or county delegates this power, its governing body must set public access times, limit admission charges to cost recovery, allow inspection and audit of related records, and decide policy or discretionary questions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. ) ## 5137. In every instance of such delegation of power the governing body of the city or county shall require: (a) That all members of the public shall be admitted to the gallery or museum at reasonable times, which times shall be specifically approved by the governing body of the city or county. (b) That no charges for admission to the gallery or museum shall be made other than such charges as may be determined by the governing body of the city and county to be necessary to defray the cost of operation and maintenance of the gallery or museum; and that all accounts and financial records of the donor or the board of directors or managers nominated by him relating to the operation, management, or maintenance of the gallery or museum shall be subject to such inspection and audit as may be directed by the governing body of the city or county; and (c) That all questions involving the determination of policy or the exercise of discretion in the management, operation, maintenance, or regulation of the gallery or museum shall be referred to the governing body of the city or county, together with the recommendations of the donor or the board of directors or managers thereon, for determination by the governing body of the city or county. (Added by Stats. 1941, Ch. 1171.)
  84. 5138.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. )

    Verify source ↗

    A city or county governing body may use funds for an art gallery or museum and has the same related powers that a county board of supervisors has for a county museum.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.5. Local Art Galleries and Museums [5135 - 5138] ( Article 2.5 added by Stats. 1941, Ch. 1171. ) ## 5138. The governing body of the city or county may appropriate and expend funds for the improvement, operation, expansion and support of any such art gallery or museum, and shall have, in addition to the powers specified in this article, the same powers in respect thereto that a county board of supervisors has in respect to a county museum under the provisions of Article 2 of this chapter. (Added by Stats. 1941, Ch. 1171.)
  85. 514.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department or director may not adopt or publish a building standard after January 1, 1980, unless the statute authorizing the action expressly excepts specified Health and Safety Code provisions.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 514. Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the department or the director shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by Stats. 1979, Ch. 1152.)
  86. 5140.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.6. County Theatrical Schools and Institutes [5140 - 5141.1] ( Article 2.6 added by Stats. 1969, Ch. 1348. )

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    A county board of supervisors in a county with a population of four million or more may acquire, build, lease, operate, and maintain facilities for dramatic or theatrical schools or institutes, and may enter certain leases or subleases for up to 40 years.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.6. County Theatrical Schools and Institutes [5140 - 5141.1] ( Article 2.6 added by Stats. 1969, Ch. 1348. ) ## 5140. In addition to its other powers the board of supervisors of any county with a population of four million or more may: (a) Acquire land for and construct, lease or otherwise acquire, furnish, refurnish, maintain or repair buildings for special or technical schools or institutes for instruction in the dramatic or theatrical arts, and related facilities, including, without limitation to, public auditoriums or playhouses and offstreet parking places for motor vehicles; (b) Operate such schools or institutes and other related facilities, and, in the operation thereof, charge such fees as are necessary to defray the cost of instruction, issue certificates evidencing completion of the instruction taken to the satisfaction of the board, present theatrical and other entertainment to the public and charge admission thereto, and exercise any other power the board deems necessary and proper to promote the objects and purposes of such schools or institutes and their related facilities; (c) Enter into an operating lease or sublease, without advertising for bids therefor, of such buildings, structures and facilities, or any thereof, with any nonprofit association or corporation for their maintenance, operation, and management, or any thereof, for such purposes and for a specified term, not to exceed 40 years, such lease or sublease to include provisions regarding manner of use as required by law and such other terms and conditions as the board sees fit. (Added by Stats. 1969, Ch. 1348.)
  87. 5141.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.6. County Theatrical Schools and Institutes [5140 - 5141.1] ( Article 2.6 added by Stats. 1969, Ch. 1348. )

    Verify source ↗

    A lease or sublease must send net revenue to the county at least annually, give the county the assets when the lease ends, and the operated property is tax-exempt.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 2.6. County Theatrical Schools and Institutes [5140 - 5141.1] ( Article 2.6 added by Stats. 1969, Ch. 1348. ) ## 5141.1. A lease or sublease entered into pursuant to subdivision (c) of Section 5140 shall provide that the net revenue, if any, from the operation and use of the facilities, remaining after the payment of any expenses and costs for maintenance, operation, or management, payment of interest and principal upon any loans made to the nonprofit corporation or association for purposes of maintenance, operation, or management, or any other expenses, and after providing maintenance and operation reserves, shall be paid at least annually to the county. Notwithstanding Section 231 of the Revenue and Taxation Code, all buildings, structures, and facilities, together with the land upon which they are situated, and so much of the surrounding land as is required for their use and occupation, operated by a nonprofit association or corporation pursuant to the operating lease or sublease, shall be exempt from taxation within the meaning of “charitable purposes” in subdivision (b) of Section 4 of Article XIII of the California Constitution. The lease or sublease shall provide that, upon its expiration and after payment or discharge of its indebtedness and liabilities, all of the assets of the nonprofit association or corporation shall be transferred to the county. (Amended by Stats. 2006, Ch. 538, Sec. 569. Effective January 1, 2007.)
  88. 5150.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Any county or city may help the State acquire parks, playgrounds, recreational centers, or beaches for recreational use.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5150. Any county or city may assist the State in acquiring any park, playground, recreational center, or beach to be used for recreational purposes. (Added by Stats. 1939, Ch. 94.)
  89. 5151.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county or city may give land or funds to the State for parks and similar recreational places.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5151. Any county or city may donate, convey, and grant to the State any real property owned by it, or which it may acquire, for a park, playground, recreational center, or beach used for recreational purposes. It may use any part of its funds, including funds received by bequest, gift, donation, and those received in trust for the acquisition of such properties, as may be necessary to assist the State in acquiring any park, playground, recreational center, or beach for recreational purposes, to be cared for, maintained, and controlled under any agreement or arrangement authorized by article one of chapter one of this division. (Added by Stats. 1939, Ch. 94.)
  90. 5152.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county or city governing body may give up certain roads, trails, or rights of way inside a state park to the park authority, and jurisdiction passes when the park authority accepts them.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5152. The board of supervisors or governing body of any county or city within which any park forming a part of the State park system is established, may relinquish any road, highway, or trail, or portion thereof, or right of way therefor, existing within the park, to the authority charged by law with the management and control of the park. Jurisdiction over any such road, highway, or trail shall vest in the park authority, upon the acceptance by it of the road, highway, trail, or right of way. (Added by Stats. 1939, Ch. 94.)
  91. 5153.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Relinquishment of a road, highway, trail, or right of way to the park authority must be done by resolution of the governing board, entered in its minutes, after notice and hearing.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5153. Relinquishment to the park authority of any road, highway, trail, or right of way shall be by resolution of the board or governing body having jurisdiction, spread upon its minutes, after notice and hearing. A certified copy of the resolution, with the acceptance of the park authority endorsed thereon, may be recorded in the office of the county recorder of the county in which the road, highway, or trail is located, and a certified copy shall be filed with the park authority. (Added by Stats. 1939, Ch. 94.)
  92. 5155.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county board of supervisors may, by unanimous vote, spend certain funds for specified bond-related payments tied to county lands or public parks.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5155. The board of supervisors of any county may, by a unanimous vote, expend any portion of the moneys in any of the funds named in section 5156 for the payment of principal or interest, the redemption or purchase of bonds of the county or of a special assessment district within the county if special assessments have been or are to be levied for such payments, and the proceeds of the bonds have been used for the acquisition of lands or the improvement or maintenance of lands or public parks within the county. (Added by Stats. 1939, Ch. 94.)
  93. 5156.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Section 5156 says expenditures authorized by Section 5155 may be paid from specified county funds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5156. Expenditures authorized by Section 5155, may be made from any one of the following funds: (a) The general fund of the county. (b) The proceeds of any county bond issue voted for the purpose of acquiring lands or improving or maintaining them as a public park within the county, or from any other fund available for such purposes. (Amended by Stats. 1951, Ch. 24.)
  94. 5157.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county may buy, lease, or receive land by gift and use it for public parks, beaches, recreation areas, or boulevards.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5157. Any county may purchase or lease, or obtain by gift, lands located in the county, or in other counties and may hold, improve, and maintain such lands for public parks, public beaches, public recreation areas or public boulevards. Before land situated in another county may be so acquired and held, improved, and maintained, the consent by resolution of the board of supervisors of that county shall be obtained. Land acquired in conformity with the requirements of this section is subject to the jurisdiction, laws and ordinances of the acquiring county. (Amended by Stats. 1945, Ch. 922.)
  95. 5157.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    County boards of supervisors may build beach-erosion prevention or beach-restoration works within incorporated and unincorporated county areas, but work in an incorporated area requires prior consent from that area’s governing body.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5157.5. Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, boards of supervisors in their respective counties shall have jurisdiction and power to construct within the incorporated as well as the unincorporated area of the county works for the prevention of beach erosion or for the restoration of eroded beaches or both. Such work may be performed along any portion of the ocean front regardless of ownership of the adjacent upland. Before any such work is performed by a county within the incorporated area of any county, the consent of the governing body of such incorporated area shall first be obtained. (Added by Stats. 1945, Ch. 1088.)
  96. 5158.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Park commissioners may accept donations, aid, legacies, and bequests for public parks.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5158. The commissioners of any public park in this State may accept and receive donations and aid from individuals and corporations, and may receive legacies and bequests, and the moneys derived therefrom shall be a portion of the public funds belonging to the park commissioners, and are applicable under the direction of the park commissioners to the purposes of preserving and embellishing the parks under their respective management and control. (Added by Stats. 1939, Ch. 94.)
  97. 5159.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Park commissioners may invest surplus park funds in U.S. or California interest-bearing bonds, use the interest and income, and sell the bonds if needed.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5159. If these funds at any time exceed the sums necessary for immediate expenditure on the park grounds, or if it is advisable to invest them and make them productive, the park commissioners may invest them or any portion, in interest-bearing bonds of the government of the United States, or the State of California, and the commissioners may use the interest and income. The commissioners may, if necessary, sell and dispose of the bonds. (Added by Stats. 1939, Ch. 94.)
  98. 5160.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county board of supervisors may, by a four-fifths vote, use or dedicate part of a county public park for county highway purposes if the park meets the stated funding/acquisition conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5160. The board of supervisors of any county may by a four-fifths vote of the members use or dedicate for county highway purposes any portion of any county public park acquired in whole or in part with county funds or acquired through special assessment district proceedings conducted by such board of supervisors when public funds have been contributed to such district proceedings or for the payment or retirement of bonds or assessments thereof. (Added by Stats. 1945, Ch. 655.)
  99. 5161.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A county, city and county, city, or the state may sell or exchange land in a state historical monument area, but only with department consent and if the transaction will help develop the monument.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5161. Whenever any county, city and county, city or the state owns land within the limits of any area designated as a state historical monument, it may, with the consent of the department, sell such land to, or exchange such land with, any other public, private, or former owner of land within the same area upon a determination by the state or other governmental agency that the sale or exchange of the land will facilitate the development of the historical monument. (Amended by Stats. 1969, Ch. 54.)
  100. 5162.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A city or county beach or seashore recreation area that is open to local residents must also be open to the public on the same terms, fees, charges, and conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5162. Any beach or seashore recreation area owned, leased, operated, controlled, maintained or managed by a city or county which is open to the use of residents of such city or county shall be open to all members of the public upon the same terms, fees, charges and conditions as are applicable to the residents of such city or county. (Added by Stats. 1963, Ch. 1594.)
  101. 5163.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    People cannot start covered work at specified city or county recreation sites unless they have a recent tuberculosis certificate on file or produced to the city or county.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5163. (a) No person shall initially be employed in connection with a park, playground, recreational center, or beach used for recreational purposes by a city or county in a position requiring contact with children, or as a food concessionaire or other licensed concessionaire in that area, unless the person produces or has on file with the city or county a certificate showing that within the last two years the person has been examined and has been found to be free of communicable tuberculosis. (b) Thereafter, those employees who are skin test negative shall be required to undergo the foregoing examination at least once each four years for so long as the employee remains skin test negative. Once an employee has a documented positive skin test which has been followed by an X-ray, the foregoing examination is no longer required and a referral shall be made within 30 days of the examination to the local health officer to determine the need for followup care. “Certificate” means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis. (Amended by Stats. 1986, Ch. 704, Sec. 4.)
  102. 5163.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    This section says the examination must include an approved intradermal tuberculosis test, and if that test is positive, it must be followed by a lung X-ray.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5163.1. The examination shall consist of an approved intradermal tuberculosis test, which, if positive, shall be followed by an X-ray of the lungs. Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the governing body of any city or county, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent examination than required by Section 5163 and this section. (Amended by Stats. 1986, Ch. 704, Sec. 5.)
  103. 5163.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A competent and qualified X-ray technician may take the X-ray film if a licensed physician and surgeon later interprets it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5163.2. The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a licensed physician and surgeon. (Added by Stats. 1968, Ch. 638.)
  104. 5163.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The city or county must keep a file with an up-to-date certificate for each person covered by Section 5163.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5163.3. The city or county shall maintain a file containing an up-to-date certificate for each person covered by Section 5163. (Added by Stats. 1968, Ch. 638.)
  105. 5163.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    City or county may require more extensive or more frequent examinations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5163.4. Nothing in Sections 5163 to 5163.3, inclusive, shall prevent the city or county from requiring more extensive or more frequent examinations. (Added by Stats. 1968, Ch. 638.)
  106. 5164.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Local parks and similar agencies may not hire certain people or volunteers into minor-supervisory roles if they have specified convictions, and they must run an application and criminal background screening for covered prospective staff or volunteers.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 3. Parks [5150 - 5164] ( Article 3 added by Stats. 1939, Ch. 94. ) ## 5164. (a) (1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county, city, city and county, or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over a minor, if that person has been convicted of an offense specified in paragraph (2). (2) (A) A violation or attempted violation of Section 220, 261.5, former Section 262, 273a, 273d, or 273.5 of the Penal Code, or a sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code. (B) A felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer’s request. (C) A felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer’s request, for a violation or attempted violation of an offense specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense, Section 217.1 of the Penal Code, Section 236 of the Penal Code, an offense specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or an offense specified in subdivision (c) of Section 667.5 of the Penal Code, provided that a record of a misdemeanor conviction shall not be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this section within the 10-year period immediately preceding the employer’s request or has been incarcerated for any of those convictions within the preceding 10 years. (b) (1) To give effect to this section, a county, city, city and county, or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of an offense specified in subdivision (a). The county, city, city and county, or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over a minor, for that person’s criminal background. (2) A local agency request for Department of Justice records pursuant to this subdivision shall include the prospective employee’s or volunteer’s fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. A fee shall not be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision. (3) A county, city, city and county, or special district may charge a prospective employee or volunteer described in subdivision (a) a fee to cover all of the county, city, city and county, or special district’s costs attributable to the requirements imposed by this section. (Amended by Stats. 2022, Ch. 197, Sec. 36. (SB 1493) Effective January 1, 2023.)
  107. 5181.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Lands, parks, highways, and avenues in a city or city and county that were set aside for public parks before March 14, 1889 and placed under a park commission remain public parks under the board’s control.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5181. All lands, parks, highways, and avenues in any city or city and county, which prior to March 14, 1889, were set apart by law for public parks and which have been placed under the management or control of a board of park commissioners, shall remain and continue to be public parks, subject to the management and control of the several boards of park commissioners. (Added by Stats. 1939, Ch. 94.)
  108. 5182.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Each board of park commissioners must have three members, appointed by the Governor.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5182. Each board of park commissioners shall consist of three persons, who shall be appointed by the Governor. They shall hold their offices for four years, respectively, and shall receive no compensation for their services. (Added by Stats. 1939, Ch. 94.)
  109. 5183.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Board vacancies must be filled by the remaining members or by the Governor, depending on why the vacancy occurred, and each board member must be a freeholder and resident of the city or city and county where the board acts.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5183. In case of a vacancy in the membership of the board, it shall be filled by an appointee of the remaining members of the board, for the unexpired term. All vacancies caused by the expiration of the term of office of any member or by the failure or neglect to qualify of any person appointed by the Governor, shall be filled by the Governor. Each member of each board shall be a freeholder and a resident of the city, or city and county, in which the board of which he is a member is to act. (Added by Stats. 1939, Ch. 94.)
  110. 5184.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The Governor must issue a commission to each appointed commissioner, and each commissioner must take and sign the oath of office within 20 days after receiving it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5184. The Governor shall issue a commission to each commissioner appointed by him or her, and each commissioner shall, within 20 days after the receipt thereof, take and subscribe the oath of office prescribed by law. (Amended by Stats. 1987, Ch. 56, Sec. 151.)
  111. 5185.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Two board members make a quorum, and two members acting together can authorize contracts and spending for the parks.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5185. Two members of the board constitute a quorum for the transaction of business; and the concurrent action of two members is sufficient to enable the board to: (a) Make any contracts pertaining to the park or parks under the control of the board. (b) Draw and expend any money which has been appropriated or set apart for the support of the park or parks, or which constitutes any portion of the funds applicable to their support. (Added by Stats. 1939, Ch. 94.)
  112. 5186.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Each board must govern, manage, and direct the parks, avenues, and grounds placed under its care and charge.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5186. Each board shall govern, manage, and direct the parks, avenues, and grounds which are placed under its care and charge. (Added by Stats. 1939, Ch. 94.)
  113. 5187.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    This section says the responsible entity may hire and appoint park staff and other assistants.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5187. It may employ and appoint superintendents, laborers, clerks or secretaries, attorneys, surveyors, and engineers, and it may engage and employ musicians for service in the park, and other officers and assistants. (Added by Stats. 1939, Ch. 94.)
  114. 5188.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    It may set duties, authority, and compensation for its appointees and employees, and it must manage and disburse park and ground support funds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5188. It may prescribe and fix the duties, authority, and compensation of its appointees and employees. It shall manage and disburse funds appropriated or provided for the support of the parks and grounds. (Added by Stats. 1939, Ch. 94.)
  115. 5189.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    City and city-and-county treasury money may be paid out only on warrants signed by a majority of the board of park commissioners and audited by the city auditor.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5189. Moneys shall not be paid out of the treasury of any city, or city and county, except upon warrants duly signed by a majority of the board of park commissioners and audited by the auditor of the city. (Added by Stats. 1939, Ch. 94.)
  116. 5190.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A park commissioner cannot have a direct or indirect interest in contracts or work connected to the park or grounds under the board’s control, and violations are felonies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5190. Every park commissioner who is interested, directly or indirectly, in any contract or work of any kind connected with the park or grounds under the control of the board of which he is a member is guilty of a felony. Every person who knows or is informed of a violation of this section, shall forthwith report it to the Governor, who shall hear the allegations and proofs. If, after the hearing, the Governor is satisfied of the truth of the charge, he shall immediately remove the commissioner who has been guilty of the offense. (Added by Stats. 1939, Ch. 94.)
  117. 5191.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Each board must file an annual report and a statement of receipts and expenditures on the first Monday of July.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5191. Each board shall on the first Monday of July of each year make to the Legislature of the State, and to the legislative body of the city in which the board is acting, a full report of its proceedings and a detailed statement of its receipts and expenditures. (Added by Stats. 1939, Ch. 94.)
  118. 5192.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Park commissioners may lease up to one acre of park land per person, but not to railroad companies for more than three years, and lease money must go to the city treasury for park support.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5192. Each board of park commissioners may let or lease any portion of the parks or grounds under its control, not exceeding one acre in extent, to any one person, until the grounds so leased are required for the improvement of such parks, or for public use as a park. The lease shall be unassignable. No portion may be leased to any street or other railroad company for a term exceeding three years. All money realized from the leases shall be paid into the treasury of the city, or city and county, in which the parks are situated, and added to the funds appropriated or provided for the support of the parks. (Added by Stats. 1939, Ch. 94.)
  119. 5193.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A board may adopt park ordinances if they fit state law, but it must publish them for 10 days and start publication within 5 days after passage.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5193. Each board may pass and adopt ordinances which are necessary for the regulation, use, and government of the parks and grounds under its supervision, not inconsistent with the laws of the State. These ordinances shall be published for ten days, Sunday excepted, in a daily newspaper to be selected by the board, published in the city or city and county in which the board is acting. Publication shall be commenced within five days after passage of the ordinance. Every person who violates any published ordinance is guilty of a misdemeanor. (Added by Stats. 1939, Ch. 94.)
  120. 5194.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Certain prisoners over 18 sentenced to hard labor may be put to work in parks and grounds controlled by the board of park commissioners.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5194. Prisoners over the age of 18 years, who have been sentenced to hard labor in any penal establishment of any city or city and county may, upon the request and requisition of the board of park commissioners, be put to work upon the parks and grounds which are under the control of the board. (Amended by Stats. 1972, Ch. 579.)
  121. 5195.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Each board may accept donations, aid, legacies, and bequests for park use, and money received from them must usually be deposited in the city or city and county treasury and handled like other appropriated park funds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5195. Each board may accept donations and aid from any person or corporation, and legacies and bequests by the last wills of deceased persons, for the aid or improvement of the parks and grounds under the control of the board. All money derived by any board from donations, legacies, and bequests shall, unless otherwise provided by the terms of the gift, legacy, or bequest, be deposited in the treasury of the city or city and county and withdrawn and paid out in the same manner as money legally appropriated for the support and improvement of the parks and grounds. (Added by Stats. 1939, Ch. 94.)
  122. 5196.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The board may invest surplus gift, bequest, or legacy funds in specified government and housing-related securities, and may later sell them or change the investment form.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5196. If the money derived from gifts, bequests, or legacies at any time exceeds the sum necessary for immediate expenditure on the parks and grounds, or if it is advisable to invest all or a part of such funds in an interest-bearing or productive investment, the board may invest such money in interest-bearing bonds of the Government of the United States, or the State of California, or in obligations issued pursuant to the provisions of the Federal Home Loan Bank Act, approved July 22, 1932, as now or hereafter amended, or in obligations issued pursuant to Title 4 of the National Housing Act, approved June 27, 1934, as now or hereafter amended. Thereafter the board may sell and dispose of these securities, or change the form of the investment. (Amended by Stats. 1943, Ch. 1027.)
  123. 5199.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A board of park commissioners must not incur debt or liability, or spend money beyond the amount legally available for the parks and grounds it controls, in any year.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 4. Municipal Park Control [5181 - 5199] ( Article 4 added by Stats. 1939, Ch. 94. ) ## 5199. A board of park commissioners shall not in any year incur any debt or liability or expend any money beyond the amount legally applicable to the support, preservation, and improvement of the parks and grounds under the control of the board. (Added by Stats. 1939, Ch. 94.)
  124. 520.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    This section defines “park support organization” and “priority list” for this article.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 520. For purposes of this article, the following terms shall have the following meanings: (a) “Park support organization” means a nonprofit organization that meets all of the following requirements: (1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources. (3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  125. 521.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    The department may enter into a statewide agreement with a park support organization, and if it does, the organization must coordinate with park-related groups and engage with agencies and organizations managing parks and protected lands.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 521. (a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes: (1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate. (2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners. (3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences. (4) To promote the health and well-being of the state’s residents. (5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities. (6) To recruit more diverse staffing and improve capacity for state park programs. (7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources. (b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following: (1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system. (2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  126. 522.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    The director and the Director of Finance, or their designees, may serve as nonvoting ex officio members of the park support organization’s board.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 522. The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  127. 522.5.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    A park support organization is not a state agency or state body.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 522.5. The park support organization is not a state agency or state body. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  128. 523.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    If the department has an agreement with a park support organization under Section 521, they must create an annual priority list, make sure listed projects fit the Section 521 purposes and park-protection rules, and the department must publish and distribute the list.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 523. (a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department. (b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521. (2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521. (c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system. (d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  129. 524.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    This section says agreements between the department and the park support organization must include certain basics, and it lets the department make related supplementary agreements, leases, and donation arrangements under stated conditions.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 524. (a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following: (1) Clear goals and objectives. (2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives. (3) The process for developing the priority list pursuant to Section 523. (b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property. (2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term. (3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects. (4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3. (d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c). (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  130. 525.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. )

    Verify source ↗

    The park support organization may apply for, receive, or administer certain public funds from entities other than the department, and must consult the department if the department may also apply for those funds.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1.5. Park Support Organization [520 - 525] ( Article 1.5 added by Stats. 2016, Ch. 540, Sec. 2. ) ## 525. Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)
  131. 530.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    This section creates the State Park and Recreation Commission and sets how its members are appointed.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 530. (a) There is in the department the State Park and Recreation Commission. The members shall be selected as follows: (1) Nine members, as follows, shall be appointed by the Governor, subject to confirmation by the Senate. (A) Three members shall represent the public. (B) One member shall have demonstrated expertise in cultural or historic resources management. (C) One member shall have background as a parks professional with experience in local, regional, or national parks or may be a retired state parks employee from the department. (D) One member shall represent nonprofit or other organizations with statewide policy expertise with the state park system or in operating one or more state parks through operating agreements or other arrangements. (E) One member shall represent a statewide conservation organization with expertise in the administration or programs of the department. (F) One member shall have a background in the recreational industry. (G) One member shall represent a local business community that has significant and beneficial relationships with one or more state parks. (2) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one ex officio legislative member. (b) As appointments are made to the commission after the effective date of the act that amended this section during the 2011–12 Regular Session, the Governor shall ensure that appointments are made in conformance with this section. (c) If a reference is made to the State Park Commission or Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park Commission or the Recreation Commission, it shall be deemed to be a reference to and to mean the State Park and Recreation Commission. (d) The commission chair may appoint committees composed of commission members and the duties of the committees shall include, but not be limited to, those duties set forth in Sections 539 and 540. Findings and recommendations of the committees shall be presented to the commission for consideration and action. (Amended by Stats. 2012, Ch. 530, Sec. 2. (AB 1478) Effective September 25, 2012.)
  132. 5301.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A city or city and county may acquire and hold land for public parks or public boulevards, including by purchase or condemnation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5301. Any city or city and county may acquire and hold land for public parks, or public boulevards, or both, by purchase, or by condemnation. (Amended by Stats. 1975, Ch. 1240.)
  133. 5302.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Land may be inside a city or city-and-county, or conveniently adjacent, and in either case it is subject to the acquiring municipality’s jurisdiction and local laws.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5302. The land may be within the corporate limits of the city or city and county or conveniently adjacent. In either case it shall be subject to the jurisdiction of the municipality acquiring it, and to its laws, ordinances, rules, and regulations. (Added by Stats. 1939, Ch. 94.)
  134. 5303.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A city or city and county legislative body may decide which lands are necessary and proper to acquire for public parks or boulevards.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5303. The legislative body of any city or city and county may, by ordinance, or in such manner as other municipal legislative acts are enacted by it, determine what lands are necessary and proper to be acquired for public parks or boulevards. (Added by Stats. 1939, Ch. 94.)
  135. 5305.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The legislative body of a city or city and county may call an election and ask voters to approve issuing municipal bonds for parks and boulevards.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5305. The legislative body of the city or city and county may, by ordinance or in such manner as other municipal legislative acts are enacted by it, call an election and submit to the qualified electors of the municipality a proposition to issue bonds of the municipality, to a specified amount, the proceeds to be applied exclusively to the acquisition, maintenance, and improvement of its public parks, or boulevards, or both. The election shall be conducted, and the result determined substantially as are other local municipal elections of the municipality in which it is held. (Added by Stats. 1939, Ch. 94.)
  136. 5306.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A city or city and county may issue the approved bonds if two-thirds of voting electors assent, and it must set up an annual tax to pay interest and principal.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5306. If at the election two-thirds of the qualified electors who vote assent to the issuance of the bonds, the city or city and county may, by ordinance, or in such manner as other municipal legislative acts are enacted by it, provide for the issuance of, and cause to be issued, its bonds to the amount specified and voted for. The bonds shall mature and become due and payable at a time not exceeding 20 years, and shall bear interest at a rate not exceeding 8 percent a year, payable annually. Before or at the time of the issuance of the bonds, provision shall be made for the collection of an annual tax sufficient to pay the interest as it falls due, and to constitute a sinking fund to pay the principal at maturity. (Amended by Stats. 1975, Ch. 130.)
  137. 5307.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Municipal bonds must be numbered in sequence, issued in that order, carry annual-interest coupons, use one of the stated bond names, and each bond’s principal may not exceed $1,000.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5307. The bonds shall be numbered consecutively from one upwards, and shall be issued in the order of their respective numbers, commencing with number one. There shall be attached coupons for the payment of the annual interest. The bonds shall be known and designated either as the “park and boulevard,” or “park,” or “boulevard” bonds of the municipality issuing them. Each bond shall not exceed in the amount of its principal one thousand dollars, and may be in any smaller amount. (Added by Stats. 1939, Ch. 94.)
  138. 5308.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Bonds issued under this section must be sold to the highest bidder after notice for sealed proposals, and bids below par value cannot be accepted.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5308. The bonds or any number issued shall be sold to the highest bidder, after advertised notice for sealed proposals. No bid of less than par value shall be accepted, nor shall any bonds be sold during any one year in excess of the actual expenditures incurred in that year. (Added by Stats. 1939, Ch. 94.)
  139. 5309.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Bond-sale money must be kept in a separate fund and used only for the municipality’s public parks or boulevards.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5309. The money obtained from the sale of the bonds shall be kept in a separate fund, and shall be used exclusively for the acquisition, or maintenance, or improvement of the public parks or boulevards, or both, of the municipality issuing them, and for no other use or purpose. (Added by Stats. 1939, Ch. 94.)
  140. 531.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    Commission members are to be chosen from areas across the state and based on relevant park, recreation, conservation, boating, and waterways interests; except for initial members, they serve four-year terms or until successors are appointed and qualified.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 531. The members of the commission shall be selected from areas distributed throughout the state and because of their interest in park, recreation, conservation, and boating and waterways matters and, except for initial members of the commission, shall serve for terms of four years or until their successors are appointed and qualified. (Amended by Stats. 2012, Ch. 136, Sec. 3. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  141. 5310.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    If the sinking fund has enough money, the municipality’s legislative body may advertise for sealed proposals to redeem, surrender, and cancel bonds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5310. Whenever there is in the sinking fund an amount sufficient for the purpose, the legislative body of the municipality issuing the bonds, may, by ordinance or in such manner as other municipal legislative acts are enacted by it, cause notice to be given by advertisement, stating the amount in the sinking fund available for the redemption of the bonds, and inviting sealed proposals for the redemption, surrender, and cancellation of bonds, with interest, to the specified amount in the sinking fund. At the date designated in the notice the bids, if any, shall be opened and the bids offering to surrender bonds for the lowest sum, not more than par value, shall be accepted. (Added by Stats. 1939, Ch. 94.)
  142. 5311.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    If money remains in the sinking fund after insufficient bids, notice must be advertised for at least 30 days so the remaining amount can be used to redeem the highest-numbered bonds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5311. If sufficient bids are not received to consume the money in the sinking fund, and a sum sufficient for the purpose still remains in the sinking fund, notice shall be given by advertisement for not less than thirty days, stating that there is an amount, to be specified in the notice, still remaining in the sinking fund to be applied to the redemption of the bonds with interest, having the highest numbers, specifying the numbers. If those bonds are not presented for redemption, surrender, and cancellation within the time specified in the notice, they shall thereafter cease to draw interest. The amount in the sinking fund shall be kept for their redemption when presented, but no more shall be paid than the amount of principal and interest due at the expiration of the time specified in the notice. (Added by Stats. 1939, Ch. 94.)
  143. 5312.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A city or city and county using this article may set additional rules for issuing, selling, and redeeming the bonds, as long as those rules are not inconsistent with the Constitution, this article, or its charter or incorporation act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5312. Any city or city and county availing itself of the provisions of this article, may, by ordinance or in such manner as other municipal legislative acts are enacted by it, prescribe further conditions and provisions for the issuance and sale of the bonds and for their redemption which are not inconsistent with the Constitution of this State, or the provisions of this article, or the charter or act of incorporation of the city or city and county. (Added by Stats. 1939, Ch. 94.)
  144. 5313.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Notices and advertisements under this article must be published in a newspaper if one is published in the municipality; otherwise they must be posted in at least three public places in the municipality.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 5. Park and Boulevard Bonds [5301 - 5313] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5313. All notices and advertisements provided for in this article shall be given by publication in a newspaper, if there is one published within the municipality; if there is none, then by posting in at least three public places within the municipality. When no other time is prescribed in this article, the legislative body of the municipality shall fix a reasonable time. Bonds issued pursuant to this article, and sold to purchasers in good faith, shall not be held to be invalid for any defect in any of the notices provided for. (Added by Stats. 1939, Ch. 94.)
  145. 533.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    If a commission member seat is vacant, the appointment is for the rest of the unexpired term. Appointments made while the Legislature is not in session must be confirmed by the Senate at the next regular or special session.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 533. In case of any vacancy, the appointment shall be for the remainder of the unexpired term. All appointments of members made when the Legislature is not in session shall be subject to confirmation by the Senate at the next regular or special session of the Legislature. (Amended by Stats. 1967, Ch. 1179.)
  146. 534.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The commission must elect one of its members as chair, and that person serves for one year or until a successor is elected.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 534. The commission shall elect a chair from its number who shall serve as chair for one year and until a successor is elected. (Amended by Stats. 2010, Ch. 213, Sec. 2. (AB 2768) Effective January 1, 2011.)
  147. 534.5.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The Director of the Department of Parks and Recreation must act as secretary of the commission and appoint assistants needed for that function.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 534.5. The Director of the Department of Parks and Recreation shall act as secretary of the commission and shall appoint such assistants as are necessary to carry out this function. Such assistants shall be appointed from among the employees of the department. (Added by Stats. 1967, Ch. 1179.)
  148. 535.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The commission must report annually to the Governor, through the director, on park system facilities, programs, activities, and related needs, and must make recommendations for future parks and recreation programs and activities.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 535. The commission shall report annually to the Governor, through the director, on existing and operating recreational facilities, programs and activities of the state park system, and on the needs of the state and the local subdivisions thereof for recreational facilities, programs, and activities, and shall make recommendations for programs and activities to meet future needs of the state for parks and recreation. (Repealed and added by Stats. 1967, Ch. 1179.)
  149. 535.5.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The commission must evaluate and assess the department’s deferred maintenance obligations, and it may review, advise on, recommend, and promote park-related matters.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 535.5. (a) The commission shall evaluate and assess the department’s deferred maintenance obligations. After public notice and at a public hearing, following a presentation by the relevant district superintendent, it may consider the nature and extent, and establish the relative priority, of prospective deferred maintenance projects of the department. (b) The commission may provide advice to the Governor, the Legislature, and the department on policies, projects, and other matters pertaining to parks, recreation, and public access affecting the state park system. (c) The commission may conduct an annual workshop or series of workshops to review the department’s annual operating budget and proposed capital improvement projects. (d) The commission may make recommendations to improve visitor services and visitor satisfaction in parks, assess the progress and challenges with regard to the protection of natural, cultural, and historical resources within the state park system, and enhance revenue opportunities across the state park system. (e) The commission may assist in promoting the state park system and parks and recreational facilities and programs. (f) The sum of one hundred twenty thousands dollars ($120,000) annually in the 2012–13 and 2013–14 fiscal years is hereby appropriated from the State Parks and Recreation Fund to the State Park and Recreation Commission for the purpose of funding those activities authorized under this section. (Added by Stats. 2012, Ch. 530, Sec. 3. (AB 1478) Effective September 25, 2012.)
  150. 5350.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    A municipality’s land can be organized into a municipal park improvement district to issue bonds for park improvements.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5350. Any portion of a municipality incorporated under the laws of this State may be formed into a municipal park improvement district for the purpose of creating an indebtedness, to be represented by bonds of the district, the proceeds from the sale of which shall be used for the acquisition or construction of any public park improvement or work which such municipality is authorized by law to acquire or construct, pursuant to this article. “Work” or “improvement” whether used singly or in combination mean and include any work or improvement for public park or recreation purposes together with the acquisition of property necessary and convenient therefor, as well as the construction, reconstruction and repair of all or any part of such work or improvement. (Added by Stats. 1955, Ch. 1796.)
  151. 5351.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    If a qualifying petition is filed and certified, the city legislative body may adopt an ordinance to call an election in the proposed district.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5351. Whenever a petition, verified by one or more persons and signed by not less than 10 percent of the qualified electors residing in the territory which is proposed to be formed into a municipal park improvement district, setting forth a general description of the improvement or work to be acquired or constructed and a general description of the exterior boundaries of such proposed district, shall have been filed in the office of the clerk of the legislative body of the city, and the genuineness of the signatures shall have been certified to by the city clerk, the legislative body may adopt an ordinance declaring its intention to call an election in the proposed district for the purpose of submitting to the qualified electors of the district the proposition of authorizing the issuance and sale of bonds of the district in the manner and for the purpose set forth in the ordinance of intention. The legislative body shall have power to change or modify the boundaries of the district and the nature, character or extent of the proposed public improvement or work. (Added by Stats. 1955, Ch. 1796.)
  152. 5352.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    An ordinance of intention for a proposed municipal park district must include the district boundaries, a description of the work or improvement, cost estimates, a statement about calling an election on bond indebtedness, and the date, time, and place for hearing protests.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5352. The ordinance of intention shall contain: (a) An accurate description of the exterior boundaries of the proposed municipal park district; (b) A general description of the improvement or work proposed to be acquired or constructed; (c) An estimate of the cost of the proposed improvement or work, and an estimate of the incidental expense in connection therewith; (d) A statement declaring the intention to call an election to be held in the district for the purpose of submitting to the qualified voters in the district the proposition of incurring indebtedness by the issuance of bonds of the district to pay the cost and expenses of the proposed improvement or work, and stating that a map showing the exterior boundaries of the district with relation to the territory immediately contiguous thereto, and a general description of the proposed improvement are on file in the office of the clerk of the legislative body of the city; which map shall govern for all details as to the extent of the district; (e) A statement of the date, hour and place fixed for the hearing of protests. (Added by Stats. 1955, Ch. 1796.)
  153. 5353.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    A municipality must publish the ordinance of intention in the city, or if no newspaper is published, post it in three public places.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5353. The ordinance of intention shall be published in the city pursuant to Section 6062 of the Government Code. The ordinance, unless otherwise provided by charter of the municipality, shall take effect upon the completion of publication. In municipalities where no newspaper is published the ordinance shall be posted in three public places, and in case of posting notice the ordinance shall take effect two weeks after date of such posting of notice. (Amended by Stats. 1957, Ch. 357.)
  154. 5354.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    Interested persons may file a written protest about the district or proposed work before the hearing time; the clerk must note and forward protests, and the legislative body must hear and decide them.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5354. Any person interested, objecting to the formation of the district, or to the extent of the district, or to the proposed improvement or work, may file a written protest, setting forth such objection, with the clerk of the legislative body at or before the time set for the hearing of the petition. The clerk of the legislative body shall endorse on each protest the date of its reception by him, and, at the time appointed for the hearing above provided for, shall present to the board all protests filed with him. The legislative body shall hear the protests at the time appointed or at any time to which the hearing may be adjourned, and pass upon the same, and its decision thereon shall be final and conclusive. (Added by Stats. 1955, Ch. 1796.)
  155. 5355.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    If a protest against the proposed work or improvement meets the stated ownership majority test and is not reduced below a majority by withdrawal, no further proceedings may be taken for one year after the legislative body’s hearing decision.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5355. If the protest is against the proposed work or improvement and the legislative body finds that the protest is made by the owners of more than one-half of the area of the property to be taxed for the work or improvement, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the legislative body on the hearing. (Added by Stats. 1955, Ch. 1796.)
  156. 5356.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    If protests are filed about district boundaries or included property, the legislative body may change and establish the proposed district’s boundaries, but only after proper notice and a hearing period of at least 10 days after publication of the notice.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5356. If any protests are against the extent of the district or against the inclusion of property in the district, then the legislative body shall have power to make such changes in the boundaries of the proposed district as it shall find to be proper and advisable, and shall define and establish such boundaries, but such boundaries shall not include any territory which will not be benefited by the improvement or work. The legislative body shall not modify the boundaries except after notice of its intention given in the same manner as publication of the ordinance of intention to call the bond election, describing the proposed modification, and specifying a time for hearing objections to such modification, which time shall be at least 10 days after the publication of the notice, and the objections shall be heard and determined as are objections to the proposed improvement or work. (Added by Stats. 1955, Ch. 1796.)
  157. 5357.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    After protests are denied, the legislative body may call an election for the district and must have the election ordinance or resolution state the debt, project, costs, and voting details.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5357. If the legislative body has denied all protests, it may call an election to be held within the district described in the ordinance or resolution calling the election, which description shall conform with any changes in boundaries that may have been made under Section 5356, and provide for the submission of the proposition of incurring a debt by the issuance of bonds of the district for the purposes set forth in the ordinance of intention. The ordinance or resolution calling such election, shall also recite the objects and purposes for which the proposed indebtedness is to be incurred, the nature of the improvement or work, the estimated cost, the estimated cost of the incidental expense, the amount of the principal of the indebtedness to be incurred and the rate of interest to be paid on such indebtedness; provided, however, that in its discretion the legislative body may recite in the ordinance or resolution a maximum rate of interest to be paid on such indebtedness not to exceed 8 per centum per annum, which rate when so recited shall not be exceeded in the issuance of bonds for such indebtedness; and said ordinance or resolution shall fix the date on which the election shall be held, the manner of holding the election and the manner of voting for or against the proposition. (Amended by Stats. 1975, Ch. 130.)
  158. 5358.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    For a bond election, the legislative body must set precincts, designate a polling place, and appoint an inspector, judge, and clerk for each precinct.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5358. For the purposes of the bond election the legislative body shall establish in the ordinance, or resolution, one or more precincts within the boundaries of the district, designate a polling place and appoint one inspector, one judge and one clerk for each precinct. In all particulars not recited in such ordinance, or resolution, the election shall be held as provided by law for the holding of general municipal elections in such city. The ordinance, or resolution, ordering the holding of the election shall be published in the same manner as was the ordinance of intention. (Added by Stats. 1955, Ch. 1796.)
  159. 5359.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    If two-thirds of voters approve incurring bonded indebtedness at the election, the legislative body may issue district bonds.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5359. If at such election two-thirds of all the voters voting, vote in favor of incurring the bonded indebtedness, then the legislative body shall thereupon be authorized and empowered to issue the bonds of the district for the amount provided for in the ordinance or resolution calling the election. (Added by Stats. 1955, Ch. 1796.)
  160. 5359.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    The legislative body may split a bond issue into multiple series and set different dates for each series.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5359.1. The legislative body may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The maturity of each series shall comply with this article. (Added by Stats. 1972, Ch. 499.)
  161. 536.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    Commission members may be paid $50 per day, up to $100 per month, and may be reimbursed for actual and necessary expenses. Certain members who are in the Legislators’ Retirement System may choose to forego this compensation.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 536. The members of the commission may receive a salary for their services in an amount of fifty dollars ($50) for each day, up to a maximum salary of one hundred dollars ($100) per month. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties. Notwithstanding any other provision of law, any member of the commission who is also a member of, and is entitled to receive the benefits from, the Legislators’ Retirement System may elect to forego the compensation provided by this section and, if the compensation is foregone, the member shall not have his or her retirement benefits reduced and shall not be required to be reinstated into the retirement system. (Amended by Stats. 1985, Ch. 942, Sec. 2.)
  162. 5360.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    The legislative body must set the form of the bonds and interest coupons, subject to this article.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5360. The legislative body shall, subject to the provisions of this article, prescribe the form of the bonds, and of the interest coupons. (Added by Stats. 1955, Ch. 1796.)
  163. 5361.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    The legislative body may set bond maturity timing and payment details, and the city treasurer must pay principal and interest as provided by law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5361. The legislative body may fix a date, not more than two years from the date of issuance, for the earliest maturity of each issue or series of bonds. Beginning with the date of the earliest maturity of each issue or series, not less than one-fortieth of the indebtedness of such issue or series shall be paid every year; provided, however, the bonds of any issue or series may be made to mature and become payable in approximately equal total annual installments of interest and principal, during the term of the bonds computed from the first year in which any part of the principal shall mature to the date of final maturity, which annual installments may vary one from the other in amounts not exceeding in any year more than 5 percent of the total principal amount of the bonds of such issue or of the series thereof then proposed to be issued. The final maturity date shall not exceed 40 years from the time of incurring the indebtedness evidenced by each issue or series. The bonds shall be payable at a place to be fixed by the legislative body and designated in the bonds, together with the interest on all sums unpaid on such date, interest to be paid semiannually, except that interest for the first year after the date of the bonds may be made payable at the end of said year, until the whole of the indebtedness shall have been paid. The principal and interest on the bonds shall be paid by the city treasurer in the manner provided by law for the payment of bonds of the city. Such bonds shall not be an obligation of the municipality issuing them but shall be payable from the funds of the district as herein provided and neither the municipality nor any officer thereof shall be holden for payment otherwise of their principal and interest. (Amended by Stats. 1972, Ch. 499.)
  164. 5362.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    Municipal park improvement district bonds must be issued within a $100 to $1,000 denomination range and signed by specified municipal officers.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5362. The bonds shall be issued in such denomination as the legislative body may determine, except that no bonds shall be of a less denomination than one hundred dollars ($100), nor of a greater denomination than one thousand dollars ($1,000), and shall be signed by the chief executive of the municipality, or by such other officer thereof as the legislative body of the municipality shall, by resolution adopted by a two-thirds vote of all its members, authorize and designate for that purpose, and also signed by the treasurer thereof, and shall be countersigned by the clerk. The interest coupons on said bonds shall be numbered consecutively and signed by the treasurer of such municipality by his engraved or lithographed signature. In case any such officers whose signatures or countersignatures appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, the signature or countersignature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the delivery of the bonds. (Added by Stats. 1955, Ch. 1796.)
  165. 5363.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    The legislative body may issue and sell municipal park improvement district bonds for at least par value, and the sale proceeds must go into the municipal treasury and be used only for the stated bond-election purposes and related incidental expenses.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5363. The legislative body may issue and sell the bonds at not less than par value, and the proceeds of the sale of the bonds shall be placed in the treasury of the municipality to the credit of the proper district funds and shall be applied exclusively to the purposes and objects mentioned in the ordinance or resolution ordering the holding of the bond election and to the incidental expense in connection therewith. (Added by Stats. 1955, Ch. 1796.)
  166. 5363.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    An action to determine the validity of bonds may be brought under Chapter 9 of Title 10 of Part 2 of the Code of Civil Procedure.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5363.1. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1972, Ch. 499.)
  167. 5364.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    The city’s legislative body must levy and collect an annual tax to pay bond interest and principal, and may direct the tax to be collected on all taxable property instead of only taxable land.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5364. The legislative body of the city shall, at the time of fixing the general tax levy, and in the manner for the general tax levy, levy and collect a tax each year upon the taxable land in the district sufficient to pay the interest on the bonds for that year, and such portion of the principal as is to become due before the time for making the next general tax levy; provided, however, that if the maturity of the indebtedness created by the issue of such bonds be made to begin more than one year after the date of issue, such tax shall be levied and collected, each year sufficient to pay the interest on the indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal on or before maturity. The tax shall be in addition to all other taxes levied for municipal purposes and when collected shall be paid into the treasury of the city and be used for the payment of the principal and interest on such bonds and for no other purpose. The legislative body may provide, in the resolution or ordinance calling the election, that the tax to pay principal and interest on the bonds provided for in this section shall be levied and collected upon all taxable property in the district rather than on taxable land. If the proposition submitted pursuant to such resolution or ordinance is approved as provided in Section 5359, the tax shall be levied as provided in such ordinance or resolution. (Amended by Stats. 1972, Ch. 499.)
  168. 5365.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    Public contracts for this work or these supplies must go to the lowest responsible bidder, and the legislative body must advertise for sealed proposals before making the contract.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5365. All contracts for the construction or completion of any work or improvement, or for furnishing labor, materials or supplies shall be let to the lowest responsible bidder. The legislative body shall advertise in the city pursuant to Section 6062 of the Government Code, inviting sealed proposals for furnishing labor, materials and supplies for the proposed improvement before any contract shall be made; provided, however, that if chartered the city shall follow its charter as to making of contracts. The legislative body shall have the right to require such bonds as it may deem best from the successful bidder to insure the faithful performance of the contract, and shall also have the right to reject any and all bids. (Amended by Stats. 1957, Ch. 357.)
  169. 5366.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    This section says the State Contract Act and Part 7 of the Labor Code apply to this article.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5366. The State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) and Part 7 (commencing with Section 1720) of Division 2 of the Labor Code shall be applicable to this article. (Amended by Stats. 2006, Ch. 538, Sec. 570. Effective January 1, 2007.)
  170. 5367.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    The municipality may use bond-sale proceeds to acquire or build the improvement or work named in the election ordinance, and it may also acquire or construct the improvements or works.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5367. The municipality shall have full power and authority to expend the proceeds acquired from the sale of bonds for the acquisition or construction of the improvement or work set forth in the ordinance calling the election, and shall also have full power and authority to acquire or construct the improvements or works, and the improvements or works so acquired or constructed shall be the property of the municipality. (Added by Stats. 1955, Ch. 1796.)
  171. 5368.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    A district formed under this article must use the name “Municipal Park Improvement District No. ____ of the City of ____.”

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5368. Any district formed under the provisions of this article shall be known as Municipal Park Improvement District No. ____ (insert number) of the City of ____ (inserting the name of the municipality in which the district is located). (Added by Stats. 1955, Ch. 1796.)
  172. 5368.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    Property in the municipality where the district is formed may be annexed to the district under the Water Code process referenced here.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5368.5. Any property in the municipality within which the municipal park improvement district is formed may be annexed to such district in the manner provided in Part 11 (commencing with Section 72670) of Division 20 of the Water Code, applicable to municipal water district improvement districts. (Added by Stats. 1972, Ch. 499.)
  173. 5369.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    This article is an alternative procedure for its subject, and when used, only this article’s provisions apply.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5369. This article shall not affect any other act or acts relating to the same, or a similar subject, but it is intended to provide an alternative method of procedure governing the subject to which it relates. When proceeding under the provisions of this article, its provisions and none other shall apply. (Added by Stats. 1955, Ch. 1796.)
  174. 5370.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. )

    Verify source ↗

    This article must be interpreted liberally to carry out its purpose, and its provisions must not be read to bar certain territory from being included in district boundaries.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 6. Municipal Park Improvement District Bonds [5350 - 5370] ( Article 6 added by Stats. 1955, Ch. 1796. ) ## 5370. The provisions of this article shall be liberally construed to effect the purpose thereof and no provision shall be deemed or construed to prohibit the inclusion within the boundaries of any district formed under the provisions of this article, or any other act, of any territory which has or which may be included within any other district formed under the provisions of this article, or any other act. (Added by Stats. 1955, Ch. 1796.)
  175. 538.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The commission may designate, delete, or modify certain state marine areas, but it cannot do so for marine reserves, parks, or conservation areas unless the Fish and Game Commission concurs on proposed restrictions or changes affecting living marine resources.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 538. The commission may designate, delete, or modify state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas, as delineated in subdivision (b) of Section 36725. The commission may not designate, delete, or modify a state marine reserve, state marine park, or state marine conservation area without the concurrence of the Fish and Game Commission on any proposed restrictions upon, or change in, the use of living marine resources. (Amended by Stats. 2003, Ch. 610, Sec. 14. Effective January 1, 2004.)
  176. 5380.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 7. Protection of County Parks [5380- 5380.] ( Article 7 added by Stats. 1967, Ch. 145. )

    Verify source ↗

    The board of supervisors may authorize certain county park staff to issue citations for misdemeanor violations committed in a county park and in their presence.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 7. Protection of County Parks [5380- 5380.] ( Article 7 added by Stats. 1967, Ch. 145. ) ## 5380. The board of supervisors, in order to protect county parks from damage and preserve the peace therein, may confer on the county officer in charge of its parks, and on other uniformed park employees which it may designate, the authority to issue citations in accordance with the provisions of Chapter 5b (commencing with Section 853.1) and Chapter 5c (commencing with Section 853.6), Title 3, Part 2 of the Penal Code, for misdemeanor violations of laws of this state and ordinances of a city or county committed within a county park and within their presence. (Added by Stats. 1967, Ch. 145.)
  177. 5385.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 8. Interpretive Services [5385 - 5386] ( Article 8 added by Stats. 2024, Ch. 423, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including eligible entity, interpretive services, local entity, and local park.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 8. Interpretive Services [5385 - 5386] ( Article 8 added by Stats. 2024, Ch. 423, Sec. 1. ) ## 5385. For purposes of this article, the following definitions apply: (a) “Eligible entity” means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code with the mission of increasing equity in outdoor access. (2) A federally recognized Native American tribe. (3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. (b) “Interpretive services” means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity. (c) “Local entity” means a city, county, or city and county that owns, maintains, or operates a local park. (d) “Local park” means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems. (Added by Stats. 2024, Ch. 423, Sec. 1. (AB 2939) Effective January 1, 2025.)
  178. 5386.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 8. Interpretive Services [5385 - 5386] ( Article 8 added by Stats. 2024, Ch. 423, Sec. 1. )

    Verify source ↗

    A local park use by an eligible entity providing interpretive services for up to 30 visitors at once is treated as allowable public use and the same as general public use, unless the local entity gives the eligible entity any extra benefit. A local entity may also adopt requirements in limited circumstances.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2. Counties and Cities [5101 - 5386] ( Chapter 2 added by Stats. 1939, Ch. 94. ) ## ARTICLE 8. Interpretive Services [5385 - 5386] ( Article 8 added by Stats. 2024, Ch. 423, Sec. 1. ) ## 5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public. (b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following: (1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a). (2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a). (3) The requirements are necessary to address the local entity’s liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a). (Added by Stats. 2024, Ch. 423, Sec. 1. (AB 2939) Effective January 1, 2025.)
  179. 539.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The commission must establish general policies to guide the director in managing, protecting, and developing the state park system.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 539. The commission shall establish general policies for the guidance of the director in the administration, protection and development of the state park system. (Amended by Stats. 1967, Ch. 1179.)
  180. 540.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

    Verify source ↗

    The commission must study and consider recreation in California and recommend a comprehensive recreational policy to the director.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 540. (a) The commission shall cause to be studied and shall consider the whole problem of recreation of the people of the State of California as it affects and may affect the welfare of the people and especially the children and youth. (b) The commission shall formulate, in cooperation with other state agencies, interested organizations and citizens, and shall recommend to the director, for adoption by him, a comprehensive recreational policy for the State of California. (Added by Stats. 1967, Ch. 1179.)
  181. 5400.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    This chapter is named the Public Park Preservation Act of 1971.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5400. This chapter shall be known as the Public Park Preservation Act of 1971. (Added by Stats. 1971, Ch. 1642.)
  182. 5400.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    In this chapter, “public park” means only a park operated by a public agency.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5400.5. As used in this chapter “public park” includes only a park operated by a public agency. (Added by Stats. 1971, Ch. 1642.)
  183. 5400.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    “Operating entity” means the entity that owns the park land and the facilities on it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5400.6. As used in this chapter “operating entity” means the entity owning the park land and the facilities thereon. (Added by Stats. 1971, Ch. 1642.)
  184. 5401.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    Certain public entities may not take park land for a nonpark use unless they provide compensation or replacement land; if the same entity is both the park operator and the acquirer, it must also follow the listed park replacement rules.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5401. (a) No city, city and county, county, public district, or agency of the state, including any division, department or agency of the state government, or public utility, shall acquire (by purchase, exchange, condemnation, or otherwise) any real property, which property is in use as a public park at the time of such acquisition, for the purpose of utilizing such property for any nonpark purpose, unless the acquiring entity pays or transfers to the legislative body of the entity operating the park sufficient compensation or land, or both, as required by the provisions of this chapter to enable the operating entity to replace the park land and the facilities thereon. (b) Where the operating entity and the acquiring entity are one and the same, the entity is subject to the provisions of this chapter pertaining to both operating and acquiring entities, and the entity is, as acquiring entity, required to make funds or land, or both, available pursuant to Section 5405 or 5407.2, and, as operating entity, required to acquire or improve park lands and facilities pursuant to Sections 5404, 5407, 5407.1, and 5407.2. (Amended by Stats. 1975, Ch. 433.)
  185. 5402.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    This chapter does not apply to acquiring real property or interests in real property for constructing or maintaining underground utility services.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5402. The provisions of this chapter shall not apply to the acquisition of real property or any interest in real property for the construction or maintenance of underground utility services. (Added by Stats. 1971, Ch. 1642.)
  186. 5403.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    This chapter does not apply to a public utility when it is acquiring property to provide services to a public park, if underground placement is not feasible.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5403. The provisions of this chapter shall not apply to a public utility, whether privately or publicly owned, acquiring real property or an interest in real property for the purpose of providing services to the public park, if it is not feasible to place the utility services or facility underground. (Added by Stats. 1971, Ch. 1642.)
  187. 5403.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    This chapter does not apply to a public utility buying real property, or an interest in it, as a waterway if the operating entity’s legislative body approves that the waterway will preserve or enhance the park’s recreational or aesthetic values.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5403.5. The provisions of this chapter shall not apply to a public utility, whether privately or publicly owned, acquiring real property or any interest in real property as a waterway; provided, that the legislative body of the operating entity determines by a majority vote that such waterway would preserve or enhance the recreational or aesthetic values of the park. (Added by Stats. 1971, Ch. 1642.)
  188. 5404.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    If park land and facilities are acquired, the operating entity must acquire substitute park land and facilities. For a small taking, it may instead improve the remaining park land and facilities if it holds a public hearing and gets a majority vote of its legislative body.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5404. In the event that the park land and facilities are acquired, the operating entity shall acquire substitute park land and facilities. If, however, less than 10 percent of the park land, but not more than one acre, is acquired, the operating entity may, instead of acquiring substitute park land and facilities, improve the unacquired portion of the park land and facilities, using the funds received for this purpose, after holding a public hearing on the matter and upon a majority vote of its legislative body. (Added by Stats. 1971, Ch. 1642.)
  189. 5405.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    If Section 5407.2 does not apply, the compensation or land required for taking park land and facilities must match one of the listed substitute-land formulas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5405. Unless the provisions of Section 5407.2 are applicable, the amount of compensation or land, or both, required by this chapter for the taking of the park land and facilities shall be equal to one of the following: (a) The cost of acquiring substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon. (b) Substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land by generally the same persons who used the existing park land, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon. (c) Any combination of substitute park land and compensation in an amount sufficient to provide substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and to provide substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon. (Added by Stats. 1971, Ch. 1642.)
  190. 5406.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    After a park acquisition offer, the operating entity may reach an agreement, but usually only after a public hearing; notice must be posted within 45 days, and residents or either party may ask the superior court to review or decide compensation if no agreement is reached.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5406. Upon receiving an offer of compensation or land, or both, from the acquiring entity for the acquisition of the park, the legislative body of the operating entity may enter into an agreement with the acquiring entity to the effect that the acquiring entity has complied with the requirements of Section 5405 or Section 5407.2 in determining the amount of compensation or land, or both. Such agreement may be entered into only after a public hearing, except where less than 10 percent of the total area of a state park is acquired, in which case the operating entity shall follow the procedure it adopts for such purposes. Within 45 days of the public hearing, due notice shall be conspicuously posted at the park being acquired, including along its exterior boundaries, at all entrances, and on the recreation building, if any exists. Any resident of the operating entity may bring an action in the superior court of the county in which the park is located for determination of whether such agreement complies with the requirements of Section 5405 or Section 5407.2. If no such agreement has been entered into within six months after the receipt of such offer, either party may submit a proposal for compensation or land, or both, to the superior court of the county in which the park to be acquired is located for the determination of proper compensation. The court may reject any such proposal as not meeting the requirements of Section 5405 or Section 5407.2. The court may approve only one proposal as meeting such requirements. (Added by Stats. 1971, Ch. 1642.)
  191. 5407.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    Unless improvement of unacquired park land and facilities is being done under Section 5404, the operating entity must use received funds or land and funds to obtain or provide substitute park land and facilities under Sections 5407.1 or 5407.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5407. Unless improvement of an unacquired portion of the park land and facilities is undertaken pursuant to Section 5404, all funds, or land and funds received by the operating entity shall be used to obtain or provide substitute park land and facilities in accordance with the provisions of Section 5407.1 or Section 5407.2. (Added by Stats. 1971, Ch. 1642.)
  192. 5407.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

    Verify source ↗

    Substitute park land and facilities must be comparable in character and roughly equal in size, and located so the same general users can use them. The operating entity may change that character only after a public hearing and other stated approvals.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5407.1. Such substitute park land and facilities shall be of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the acquired park land and facilities. However, the operating entity, after holding a public hearing, with due notice posted at the park being acquired, and after finding on the basis of evidence submitted at such hearing that there are compelling reasons for acquiring a substitute park of a different character, may, upon the recommendation of the park commission or if none exists, upon the recommendation of the administrative department, unit or agency charged with the responsibility for the maintenance and operation of the park land and facilities, and by a three-fourths vote of its legislative body, provided it is otherwise legally permissible to do so, change the general character of the substitute park land and facilities. (Added by Stats. 1971, Ch. 1642.)
  193. 5407.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

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    The operating entity may change the general location of substitute park land and facilities only after a public hearing, posted notice, required findings, a recommendation, and a three-fourths legislative vote, if legally permissible.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5407.2. The operating entity, after holding a public hearing, with due notice posted at the park being acquired, and after finding on the basis of evidence submitted at such hearing that there is a lack of need for the park in its present location and that there are compelling reasons for acquiring a substitute park in another general location, may, upon the recommendation of the park commission or if none exists, upon the recommendation of the administrative department, unit or agency charged with the responsibility for the maintenance and operation of the park land and facilities, and by a three-fourths vote of its legislative body, provided it is otherwise legally permissible to do so, change the general location of the substitute park land and facilities. If the legislative body votes to change the general location of the substitute park land and facilities, the amount of compensation or land, or both, for the taking of the park land and facilities shall be determined on the basis of the fair market value of the property taken, considering all the uses for which it is available and adaptable regardless of its dedication to park purposes, plus the value of any and all improvements constructed thereon. (Added by Stats. 1971, Ch. 1642.)
  194. 5408.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

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    A public entity or public utility’s failure to comply with this chapter does not invalidate its acquisition.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5408. Failure of any public entity or public utility to comply with any provision of this chapter shall not affect the validity of an acquisition by such entity or utility. (Added by Stats. 1971, Ch. 1642.)
  195. 5409.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. )

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    This chapter does not authorize acquiring public park property by purchase, exchange, condemnation, or any other means.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.5. Preservation of Public Parks [5400 - 5409] ( Chapter 2.5 added by Stats. 1971, Ch. 1642. ) ## 5409. Nothing in this chapter shall be construed to authorize the acquisition of public park property by purchase, exchange, condemnation, or otherwise. (Added by Stats. 1971, Ch. 1642.)
  196. 541.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

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    The Department of Parks and Recreation must carry out several support, reporting, advising, planning, and coordination tasks when acting under the commission’s policies and the director’s request.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 541. In accordance with the general policies established by the commission, and as requested by the director, the Department of Parks and Recreation shall: (a) Assist the commission in the performance of its functions under Sections 539 and 540 of this code. (b) Investigate and report to the director and the commission upon the facilities and services which are needed or which exist in the public recreational areas within the state and by consultation with the authorities in charge, assist in the coordination and development of recreational programs; provided, that surveys of the recreational facilities and programs of local agencies shall be made only upon their request. (c) Advise and cooperate with and encourage community recreation agencies interested in the use of or the development of recreational facilities and programs for public benefit. (d) Advise the administrative officers of all state agencies, authorized by law to perform recreational services, of regular meetings of the commission and of such special meetings as may consider matters relating to their specific responsibilities, and invite such officers to attend and participate in deliberations of the commission without the authority to vote. (e) Make studies and surveys and long range plans of recreational facilities and programs necessary to meet recreation needs throughout the state, and participate with other federal, state, and local governmental agencies in advance planning with respect to the development and coordination of recreational facilities and programs. (Added by Stats. 1967, Ch. 1179.)
  197. 541.5.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

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    The department may not close or propose to close a state park in the 2012–13 or 2013–14 fiscal year, must notify the Joint Legislative Budget Committee before spending funds under this section, and must match qualifying donor contributions dollar for dollar.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 541.5. (a) The department shall not close, or propose to close, a state park in the 2012–13 or 2013–14 fiscal year. The commission and the department shall recommend all necessary steps to establish a sustainable funding strategy for the department to the Legislature on or before January 1, 2015. (b) There is hereby appropriated twenty million five hundred thousand dollars ($20,500,000) to the department from the State Parks and Recreation Fund, which shall be available for encumbrance until June 30, 2016, and for liquidation until June 30, 2018, to be expended as follows: (1) Ten million dollars ($10,000,000) shall be available to provide for matching funds pursuant to subdivision (c). (2) Ten million dollars ($10,000,000) shall be available for the department to direct funds to parks that remain at risk of closure or that will keep parks open during the 2012–13 to 2015–16 fiscal years, inclusive. Priority may be given to parks subject to a donor or operating agreement or other contractual arrangement with the department. (3) Up to five hundred thousand dollars ($500,000) shall be available for the department to pay for ongoing audits and investigations as directed by the Joint Legislative Audit Committee, the office of the Attorney General, the Department of Finance, or other state agency. (c) The department shall match on a dollar-for-dollar basis all financial contributions contributed by a donor pursuant to an agreement for the 2012–13 fiscal year for which the department received funds as of July 31, 2013, and for agreements entered into in the 2013–14 fiscal year. These matching funds shall be used exclusively in the park unit subject to those agreements. (d) The department shall notify the Joint Legislative Budget Committee in writing not less than 30 days before the expenditure of funds under this section of the funding that shall be expended, the manner of the expenditure, and the recipient of the expenditure. (e) The prohibition on the closure, or proposed closure, of a state park in the 2012–13 or 2013–14 fiscal year, pursuant to subdivision (a), does not limit or affect the department’s authority to enter into an operating agreement, pursuant to Section 5080.42, during the 2012–13 or 2013–14 fiscal year, for purposes of the operation of the entirety of a state park during the 2012–13 or 2013–14 fiscal year. (Amended by Stats. 2016, Ch. 86, Sec. 252. (SB 1171) Effective January 1, 2017.)
  198. 541.6.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. )

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    Ten million dollars is appropriated for state park capital outlay and support, with spending limited by approval and timing conditions.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Park and Recreation Commission [530 - 546] ( Heading of Article 2 amended by Stats. 1967, Ch. 1179. ) ## 541.6. (a) There is hereby appropriated ten million dollars ($10,000,000) from the Safe Drinking Water, Water Quality and Water Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) to be expended as follows: (1) The amount appropriated in this item is available for expenditures for capital outlay and support for capital outlay projects of a state park. (2) No commitment of funds from this item shall be authorized prior to 30 days after the Department of Parks and Recreation notifies the Joint Legislative Budget Committee and the Department of Finance of the projects to be funded from this section. No funds shall be expended for capital outlay projects without prior approval of the State Public Works Board. (3) The amount appropriated in this section shall be available for expenditure until June 30, 2015. (Added by Stats. 2012, Ch. 530, Sec. 5. (AB 1478) Effective September 25, 2012.)
  199. 5410.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.6. Public Playground Equipment [5410 - 5411] ( Chapter 2.6 added by Stats. 1978, Ch. 1006. )

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    The Legislature states that public agencies providing playgrounds should use accessible facilities as much as possible and, where feasible, provide equipment usable by both able-bodied and physically disabled persons.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.6. Public Playground Equipment [5410 - 5411] ( Chapter 2.6 added by Stats. 1978, Ch. 1006. ) ## 5410. The Legislature hereby finds and declares that playground equipment accessible to and usable by all persons regardless of physical condition is becoming increasingly available. The Legislature further finds and declares that it is a matter of statewide interest and concern that all public agencies providing playgrounds utilize such facilities to the maximum extent possible, and, where feasible, provide playground equipment usable by both able-bodied and physically disabled persons so as to integrate able-bodied and physically disabled persons within such playgrounds. (Added by Stats. 1978, Ch. 1006.)
  200. 5411.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.6. Public Playground Equipment [5410 - 5411] ( Chapter 2.6 added by Stats. 1978, Ch. 1006. )

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    Public agencies that operate playgrounds must ensure some new playground equipment is accessible and usable by all people, if comparable equipment is available at comparable quality and cost.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 2.6. Public Playground Equipment [5410 - 5411] ( Chapter 2.6 added by Stats. 1978, Ch. 1006. ) ## 5411. All public agencies operating playgrounds, including state agencies, cities, counties, a city and county, school districts and other districts, shall, with respect to new playground equipment purchased on or after January 1, 1979, provide that a portion of the equipment within the playground is accessible and usable by all persons regardless of their physical condition whenever such equipment is available at a quality and cost which is comparable to the quality and cost of standard equipment. (Added by Stats. 1978, Ch. 1006.)

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