DIVISION 2. LEGISLATIVE DEPARTMENT [8902. - 10606.]
Division 2 enacted by Stats. 1943, Ch. 134.
§§ 8902–10606 · 488 sections
PART 1. LEGISLATURE §§ 8902–9937 · 414 sections
CHAPTER 1. Legislative Organization §§ 8902–8956 · 28 sections
ARTICLE 1. Legislative Compensation §§ 8902–8903 · 2 sections
- § 8902 During those times that a Member of the Legislature is required to be in Sacramento to attend a session of the Legislature and during those times that a member…
- § 8903 When traveling to and from a session of the Legislature, or when traveling to and from a meeting of a committee of which he or she is a member, or when…
ARTICLE 2. Code of Ethics §§ 8920–8926 · 9 sections
- § 8920 (a) A Member of the Legislature, state elective or appointive officer, or judge or justice shall not, while serving as such, have any interest, financial or…
- § 8921 A person subject to this article has an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest and of…
- § 8922 A person subject to this article is not engaged in any activity that is in substantial conflict with the proper discharge of his or her duties in the public…
- § 8923 (a) Except as provided in paragraph (1) of subdivision (c), a Member of the Legislature acting in their official capacity shall not enter into, or request that…
- § 8924 (a) An employee of either house of the Legislature shall not, during the time he or she is so employed, commit any act or engage in any activity prohibited by…
- § 8924.5 (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section…
- § 8924.8 (a) The services of a policy fellow provided by an association are not compensation, a reward, or a gift to a Member of the Legislature for purposes of…
- § 8925 No person shall induce or seek to induce any Member of the Legislature to violate any provision of this article.
- § 8926 Every person who knowingly and willfully violates any provision of this article is guilty of a misdemeanor. Every person who conspires to violate any provision…
ARTICLE 3. Joint Legislative Ethics Committee §§ 8940–8956 · 17 sections
- § 8940 The Joint Legislative Ethics Committee is hereby created. The committee shall consist of three Members of the Senate and three Members of the Assembly who…
- § 8941 The committee is authorized to make rules governing its own proceedings. The provisions of Rule 36 of the Joint Rules of the Senate and Assembly relating to…
- § 8942 Funds for the support of the committee shall be provided from the Contingent Funds of the Assembly and the Senate in the same manner that such funds are made…
- § 8943 (a) The committee shall have power, pursuant to the provisions of this article, to investigate and make findings and recommendations concerning alleged…
- § 8944 (a) Any person may file a statement alleging a violation of Article 2 (commencing with Section 8920) with the committee. (b) To constitute a valid complaint,…
- § 8945 (a) If the committee determines that the complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any…
- § 8946 After the complaint has been filed the respondent shall be entitled to examine and make copies of all evidence in the possession of the committee relating to…
- § 8947 If a hearing is to be held pursuant to Section 8945 the committee, before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the…
- § 8948 At any hearing held by the committee: (a) Oral evidence shall be taken only on oath or affirmation. (b) Each party shall have these rights: to be represented…
- § 8949 Any official or other person whose name is mentioned at any investigation or hearing of the committee and who believes that testimony has been given which…
- § 8950 (a) After the hearing the committee shall state its findings of fact. If the committee finds that the respondent has not violated any provisions of Article 2…
- § 8951 Nothing in this chapter shall preclude any person from instituting a prosecution for violation of any provision of Article 2 (commencing with Section 8920)…
- § 8952 The filing of a complaint with the committee pursuant to this article suspends the running of the statute of limitations applicable to any violation of the…
- § 8953 The committee shall maintain a record of its investigations, inquiries, and proceedings. All records, complaints, documents, reports filed with or submitted to…
- § 8954 All actions of the committee shall require the concurrence of two members of the committee from each house.
- § 8955 The committee may render advisory opinions to Members of the Legislature with respect to the provisions of Article 2 (commencing with Section 8920) and their…
- § 8956 (a) The appropriate legislative ethics committees shall conduct at least semiannually an orientation course of the relevant statutes and regulations governing…
CHAPTER 1.5. General §§ 9000–9149.41 · 134 sections
ARTICLE 1. Numbering and Election of Legislators §§ 9000–9004 · 5 sections
- § 9000 The Legislature consists of: (a) Forty Senators. (b) Eighty members of the Assembly.
- § 9001 The term of office of a Senator is four years. The term of office of a Member of the Assembly is two years.
- § 9002 At the general election in every fourth year after 1908 a Senator shall be elected in each odd-numbered senatorial district. At the general election in every…
- § 9003 At the general election in every even-numbered year a Member of the Assembly shall be elected in each of the Assembly districts.
- § 9004 When the Legislature convenes or is convened in regular or extraordinary session during or following a war or enemy-caused disaster and vacancies exist to the…
ARTICLE 2. Meeting and Organization of the Legislature §§ 9020–9026.5 · 8 sections
- § 9020 The Legislature shall convene in regular session at the City of Sacramento at noon on the first Monday in December of each even-numbered year, and each house…
- § 9021 The certificate of election is prima facie evidence of the right to membership.
- § 9022 At the day and hour appointed for the assembling of any regular session of the Legislature, the President of the Senate, or in case of his absence or…
- § 9023 At the day and hour appointed for the assembling of any regular session of the Legislature, the Chief Clerk of the Assembly, or in case of his absence or…
- § 9024 Members of the Legislature who did not take the oath of office at the assembling of the Legislature may take the oath at any time during the term for which…
- § 9025 An entry of the oath taken by members of the Legislature shall be made on the journals of the proper house.
- § 9026 All standing committees of either the Senate or Assembly shall be appointed by the presiding officer of their respective house if the house by resolution or…
- § 9026.5 Televised or other audiovisual recordings of public proceedings. (a) Televised or other audiovisual recordings of the public proceedings of each house of the…
ARTICLE 2.2. Open Meetings §§ 9027–9031 · 6 sections
- § 9027 Except as otherwise provided in this article, all meetings of a house of the Legislature or a committee thereof shall be open and public, and all persons shall…
- § 9028 Any meeting that is required to be open and public pursuant to this article, including any closed session held pursuant to subdivision (a) of Section 9029,…
- § 9029 (a) A house of the Legislature or a committee thereof may hold a closed session solely for any of the following purposes: (1) To consider the appointment,…
- § 9029.5 (a) A closed session may be held pursuant to paragraph (3) of subdivision (a) of Section 9029 under any of the following circumstances: (1) An adjudicatory…
- § 9030 Each Member of the Legislature who attends a meeting of the Assembly, the Senate, or any committee or subcommittee thereof, where action is taken in violation…
- § 9031 Any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened…
ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster §§ 9035–9037 · 3 sections
- § 9035 As used in this article, “disaster” means a war or enemy-caused calamity within this State, such as an attack by nuclear weapons.
- § 9036 If a disaster occurs, the Legislature shall convene itself in special session immediately after such disaster first occurs, which session shall convene at the…
- § 9037 If the Legislature is convened in special session pursuant to this article on the date specified by the State Constitution for the convening of a regular…
ARTICLE 3. Crimes Against the Legislative Power §§ 9050–9056 · 9 sections
- § 9050 Every person who wilfully, and by force or fraud, prevents the Legislature, either of the houses composing it, or any of the members thereof from meeting or…
- § 9051 Every person who wilfully disturbs the Legislature, or either of the houses composing it, while in session, or who commits any disorderly conduct in the…
- § 9051.5 As used in this article, “bill or resolution” includes a constitutional amendment.
- § 9052 Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the Legislature for passage…
- § 9053 Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature, with intent to procure it…
- § 9053.5 (a) Every person who intentionally, maliciously, with knowledge of the falsity, and with intent to defame a particular legislator, publishes or causes to be…
- § 9054 Every person who obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim, or representation that he can or will…
- § 9055 Every member of the Legislature convicted of any crime defined in this article, in addition to the punishment prescribed, forfeits his office and is forever…
- § 9056 Any person who shall secure through his influence, knowingly exerted for that purpose, the introduction of any bill, resolution or amendment into the State…
ARTICLE 3.5. Legislative Open Records Act §§ 9070–9080 · 11 sections
- § 9070 The Legislature finds and declares that access to information concerning the conduct of the people’s business by the Legislature is a fundamental and necessary…
- § 9071 This article shall be known and may be cited as the Legislative Open Records Act.
- § 9072 As used in this article: (a) “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association. (b) “Legislature”…
- § 9073 Legislative records are open to inspection at all times during the normal office hours of the Legislature and any person has a right to inspect any legislative…
- § 9074 All requests to inspect any legislative record shall be made to the appropriate Rules Committee of each house of the Legislature or the Joint Rules Committee,…
- § 9075 Nothing in this article shall be construed to invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, or Temporary Joint…
- § 9076 Any person may institute proceedings for injunctive or declarative relief in any court of competent jurisdiction to enforce his right to inspect any…
- § 9077 Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain…
- § 9078 The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to Section 9077.
- § 9079 If the court finds that the plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency.
- § 9080 (a) The Legislature finds and declares that legislative records relating to bills, resolutions, or proposed constitutional amendments before the Legislature…
ARTICLE 4. Legislative Offices §§ 9100–9104 · 4 sections
- § 9100 Legislative offices for the use of the Members of the Legislature in the performance of their legislative duties, shall be maintained at all times, and without…
- § 9101 The legislative offices provided for in this article shall be under the management and control of the Senate Committee on Rules.
- § 9103 The Department of General Services shall provide suitable office space in the State Building in Los Angeles and in the State Building in San Francisco and in…
- § 9104 Appropriations for the support of the offices provided for in this article shall be included in the Budget Bill.
ARTICLE 5. The State Capitol Building Annex §§ 9105–9111 · 9 sections
- § 9105 The State Capitol Building Annex is the annex to the historic State Capitol, constructed to the east of the original building, situated in the area bounded by…
- § 9105.5 (a) Any work of construction, restoration, rehabilitation, renovation, or reconstruction undertaken pursuant to Article 5.2 (commencing with Section 9112)…
- § 9106 The State Capitol Building Annex is intended primarily for the use of the legislative department and, except as otherwise provided in this article, shall be…
- § 9107 There is hereby created the Joint Rules Committee which shall have the membership specified in the Joint Rules of the Senate and the Assembly. The committee…
- § 9107.5 Any reference in any code or statute to the Joint Committee on Legislative Organization shall be deemed a reference to the Joint Rules Committee.
- § 9108 The first floor of the State Capitol Building Annex is excepted from the provisions of this article. Such excepted space shall continue under the control of…
- § 9109 The determination of the Joint Rules Committee as to the needs of the Legislature shall be subject to change only by action of the committee or by concurrent…
- § 9110 (a) The maintenance and operation of all of the State Capitol Building Annex is under the control of the Department of General Services, subject to this…
- § 9111 The Joint Rules Committee may participate in the work of the National Conference of State Legislatures. The following Members of the Legislature are authorized…
ARTICLE 5.2. State Capitol Building Annex Act of 2016 §§ 9112–9114.5 · 6 sections
- § 9112 (a) (1) Notwithstanding any other law, including Section 9108, the Joint Rules Committee may pursue the construction of a state capitol building annex or the…
- § 9112.5 (a) It is the intent of the Legislature that available cash sources, including, but not limited to, an allocation of the moneys deposited into the State…
- § 9113 An amount of space proportional to the amount of space utilized by the executive branch in the existing State Capitol Building Annex described in Section 9105,…
- § 9113.5 (a) Notwithstanding any other law, moneys transferred from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate for purposes…
- § 9114 The work performed pursuant to this article represents a historic partnership between the executive and legislative branches to revitalize the State Capitol…
- § 9114.5 (a) There is hereby appropriated, without regard to fiscal years, from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate…
ARTICLE 5.5. Legislative Office Facilities §§ 9115–9124 · 9 sections
- § 9115 (a) In order to adequately provide for the proper housing and administrative requirements of the Legislature, it is necessary for the Legislature to acquire…
- § 9117 As used in this article, the following terms have the following meanings: (a) “Bonds” means bonds, notes, bond anticipation notes, and any other evidence of…
- § 9118 (a) The lessee may lease the project from the lessor, and the lessor may lease the project to the lessee. The lessor may acquire all real property for the…
- § 9119 (a) The State Public Works Board may issue bonds pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of Division 3 of Title 2 to finance the…
- § 9120 The terms of the lease financing are those specified in the lease, trust agreement, indenture, and any related documents executed and delivered between the…
- § 9121 (a) This article shall be deemed and construed to be separate and complete authority for all of the actions authorized by this article, including, but not…
- § 9122 The State of California does pledge to, and agree with, the holders of any bonds issued under this article, and with those parties who may enter into contracts…
- § 9123 (a) Title to the buildings and property bounded by 10th, 11th, N, and O Streets in the City of Sacramento shall vest in the Legislature on the effective date…
- § 9124 (a) The determination of the Senate Committee on Rules and the Assembly Committee on Rules as to the needs of the Legislature shall be subject to change only…
ARTICLE 5.6. State Office Building Act of 2018 §§ 9125–9125.6 · 3 sections
- § 9125 (a) (1) In order to adequately provide for the housing and administrative requirements of the Legislature and the executive branch during the construction of a…
- § 9125.5 (a) (1) The State Public Works Board may issue lease-revenue bonds, notes, or bond anticipation notes in an amount not exceeding four hundred twenty-two…
- § 9125.6 It is the intent of the legislative and executive branches to expedite and not unreasonably delay in taking actions needed to advance the expeditious…
ARTICLE 6. Legislative Funds and Administration §§ 9126–9134 · 11 sections
- § 9126 Unless specifically exempted from this section, all appropriations for contingent expenses of the Senate and legislative committees thereof, including…
- § 9127 Unless specifically exempted from this section, all appropriations for contingent expenses of the Assembly and legislative committees thereof, including…
- § 9128 Any money appropriated for legislative printing shall be disbursed under or pursuant to the direction of the Senate or Assembly as provided in the rules,…
- § 9129 Appropriations deposited in and credited to the Senate Contingent Fund or the Assembly Contingent Fund shall be continuously available without regard to fiscal…
- § 9130.5 Notwithstanding any provision to the contrary, on any claim against the Senate Contingent Fund or the Assembly Contingent Fund there may be a certification…
- § 9131 For the period ending on November 30 of each year, the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee shall annually…
- § 9131.5 When expenditures are made from the appropriate contingent fund at the direction of the Assembly Committee on Rules, the Senate Committee on Rules, or the…
- § 9132 The Assembly Committee on Rules and Senate Committee on Rules, and the Joint Rules Committee, shall annually provide to the Director of Finance an itemized…
- § 9133 (a) The Joint Rules Committee shall annually contract for an independent audit or audits of all funds and entities of the Legislature, including, but not…
- § 9133.5 No funds from the Assembly Operating Fund, the Senate Operating Fund, the Operating Funds of the Assembly and Senate, or appropriations made for legislative…
- § 9134 Any reference in any code or statute to the Senate Contingent Fund, the Assembly Contingent Fund or the Contingent Funds of the Assembly and Senate shall be…
ARTICLE 7. Joint Legislative Budget Committee §§ 9140–9147 · 7 sections
- § 9140 The Joint Legislative Budget Committee is hereby created. The committee shall ascertain facts and make recommendations to the Legislature and to the houses…
- § 9141 The committee shall consist of eight Members of the Senate and eight Members of the Assembly who shall be selected in the manner provided for in the Joint…
- § 9142 The committee is authorized to make rules governing its own proceedings and to create subcommittees from its membership and assign to such subcommittees any…
- § 9143 The committee shall have authority to appoint a legislative analyst and such other clerical and technical employees as may appear necessary, pursuant to the…
- § 9144 The Legislative Analyst shall prepare a judicial impact analysis, with the assistance of the Department of Finance and the Judicial Council when and as…
- § 9146 Any state agency which is required or permitted by federal law or regulation to establish or alter a federal aid allocation formula to a local agency shall…
- § 9147 If a state agency finds that there is imminent danger of irreparable harm to the public peace, health, safety, or welfare of the state if it does not establish…
ARTICLE 7.5. Sunset Review § 9147.7 · 1 section
- § 9147.7 (a) For the purpose of this section, “eligible agency” means any agency, authority, board, bureau, commission, conservancy, council, department, division, or…
ARTICLE 7.6. Joint Legislative Committee on Climate Change Policies § 9147.10 · 1 section
- § 9147.10 (a) The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the…
ARTICLE 8. Legislative Oversight of State Board Formation and Licensed Professional Practice §§ 9148–9148.8 · 5 sections
- § 9148 Any state board or category of licensed professional proposed for creation by the Legislature shall be subject to this article.
- § 9148.2 For purposes of this article, “state board” means any administrative or regulatory board, commission, committee, council, association, or authority consisting…
- § 9148.4 Prior to consideration by the Legislature of legislation creating a new state board or legislation creating a new category of licensed professional, a plan for…
- § 9148.6 Prior to consideration by the Legislature of legislation creating a new state board that is advisory only, except for a proposed new state board whose primary…
- § 9148.8 (a) The appropriate policy committee of the Legislature may evaluate a plan prepared pursuant to Section 9148.4 or 9148.6. The chairperson of a policy…
ARTICLE 8.5. Legislative Review of State Boards §§ 9148.50–9148.52 · 3 sections
- § 9148.50 The Legislature finds and declares all of the following: (a) California’s multilevel, complex governmental structure today contains more than 400 categories of…
- § 9148.51 (a) It is the intent of the Legislature that all existing and proposed eligible agencies, as defined in subdivision (a) of Section 9147.7, be subject to review…
- § 9148.52 (a) The Joint Sunset Review Committee established pursuant to Section 9147.7 shall review all eligible agencies. (b) The committee shall evaluate and make…
ARTICLE 9. The Historic State Capitol Commission §§ 9149–9149.17 · 18 sections
- § 9149 The Legislature finds and declares that the historic State Capitol is a state historic and architectural legacy which must be preserved and maintained in a…
- § 9149.1 As used in this article, the following terms have the following meanings: (a) “Commission” means the Historic State Capitol Commission created by Section…
- § 9149.2 (a) There is in state government, the Historic State Capitol Commission, which shall consist of seven members, initially appointed as follows: (1) Two members…
- § 9149.3 The appointees of both the Speaker of the Assembly and the President pro Tempore of the Senate shall include one person who represents the arts or humanities…
- § 9149.4 The members of the commission shall serve without compensation, but shall receive reimbursement for travel and living expenses in connection with their…
- § 9149.5 The Joint Rules Committee shall appoint a Subcommittee on the Capitol Restoration Project, comprised of three members from the Senate and three from the…
- § 9149.6 (a) Four members of the commission shall constitute a quorum to do business, and no action of the commission may be taken except upon an affirmative recorded…
- § 9149.7 The commission shall have the following powers and duties: (a) To prepare, complete, and, from time to time, to amend, a comprehensive master plan, based on a…
- § 9149.8 In carrying out its duties and responsibilities under this article, the commission shall follow accepted standards for restoration, preservation, and…
- § 9149.9 The commission shall maintain and may utilize all historic data, research, and project files developed and gathered by the state, and in the possession of the…
- § 9149.10 The commission may request and shall receive assistance and data, relevant to the commission’s duties and responsibilities, from every agency of state…
- § 9149.11 The commission shall maintain complete records of its proceedings and may publish reports and other publications in connection with its duties and…
- § 9149.12 The commission shall use any funds appropriated to its use, or allocated to its use by the Joint Rules Committee, donated to it, or acquired as revenue from…
- § 9149.13 The commission shall review and advise on any interagency agreement for management of concessions within the historic State Capitol.
- § 9149.14 The commission shall employ an executive officer, who shall have at least three years of administrative-curatorial experience in the cultural or historic…
- § 9149.15 The commission may contract with any agency, public or private, for services, in connection with the commission’s duties and responsibilities, as the…
- § 9149.16 The commission annually shall report to the Legislature on its activities. The commission shall propose to the Legislature such recommendations for legislation…
- § 9149.17 The commission shall be supported by allocations by the Joint Rules Committee from the Contingent Funds of the Assembly and Senate. The commission annually…
ARTICLE 10. Whistleblower Protection Act §§ 9149.20–9149.23 · 4 sections
- § 9149.20 This article shall be known and may be cited as the Whistleblower Protection Act.
- § 9149.21 It is the intent of the Legislature that state employees and other persons should disclose, to the extent not expressly prohibited by law, improper…
- § 9149.22 For the purposes of this article, the following words have the following meanings: (a) “Committee” means any investigating committee of the Legislature. (b)…
- § 9149.23 (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating,…
ARTICLE 11. Legislative Employee Whistleblower Protection Act §§ 9149.30–9149.36 · 7 sections
- § 9149.30 This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act.
- § 9149.31 The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair…
- § 9149.32 For the purposes of this article, the following terms have the following meanings: (a) “Interfere” means to intimidate, threaten, coerce, or command, or…
- § 9149.33 (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individual’s official authority or…
- § 9149.34 An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten…
- § 9149.35 (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative…
- § 9149.36 (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under…
ARTICLE 12. Legislative Discriminatory Harassment Retaliation Prevention Act §§ 9149.38–9149.41 · 4 sections
- § 9149.38 This article shall be known and may be cited as the Legislative Discriminatory Harassment Retaliation Prevention Act.
- § 9149.39 For purposes of this article, the following terms have the following meanings: (a) “Discriminatory harassment” means harassment based on race, religious creed,…
- § 9149.40 (a) A house of the Legislature shall not discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee because that…
- § 9149.41 Each house of the Legislature shall implement a system to maintain a record of each discriminatory harassment complaint made to that house for a period of at…
CHAPTER 2. Officers and Employees of the Legislature §§ 9150–9225 · 21 sections
ARTICLE 1. Temporary Officers and Employees §§ 9150–9151 · 2 sections
- § 9150 The Secretary of the Senate, the Chief Clerk of the Assembly, and the minute clerks and Sergeant-at-Arms of each house for any session shall perform the duties…
- § 9151 The Secretary of the Senate may appoint such temporary employees as are in his opinion necessary for the proper organization of the Senate. The Chief Clerk of…
ARTICLE 2. Permanent Officers and Employees §§ 9170–9173 · 4 sections
- § 9170 The officers and employees of the Senate are: (a) A President. (b) A President pro tempore, one secretary, one Sergeant-at-Arms, one minute clerk and one…
- § 9171 The officers and employees of the Assembly are: (a) A Speaker, a Speaker pro Tempore, a Majority Floor Leader, a Minority Floor Leader, one Chief Clerk, one…
- § 9172 All permanent officers and employees of the Senate or Assembly, except the President of the Senate and the Majority and Minority Floor Leaders and Minute Clerk…
- § 9173 Any officer or employee appointed or elected by the Senate or Assembly may at any time be removed in the same manner as is provided for his election or…
ARTICLE 3. Powers and Duties §§ 9190–9196 · 9 sections
- § 9190 The President or President pro tempore of the Senate may administer the oath of office to any Senator and to the officers of the Senate and the Speaker or…
- § 9191 The Secretary of the Senate and Chief Clerk of the Assembly shall: (a) Administer the constitutional oath of office to the employees of their respective…
- § 9191.5 The Secretary of the Senate and Chief Clerk of the Assembly may administer and certify oaths and may provide the proof or acknowledgment of an instrument in…
- § 9192 The assistant secretaries of the Senate and the assistant clerks of the Assembly shall take charge of all bills, petitions, and other papers presented to their…
- § 9193 The Minute Clerk of the Senate and the Minute Clerk of the Assembly shall keep a correct record of the proceedings of their respective houses.
- § 9194 The Sergeant-at-Arms of the Senate and of the Assembly shall: (a) Under the direction of their presiding officers, have general supervision of the Senate and…
- § 9194.5 The Sergeant at Arms and Assistant Sergeants at Arms of each house shall have the powers and authority conferred by law upon peace officers listed in Chapter…
- § 9195 The Assistant Sergeant-at-Arms of each house shall perform the duties of doorkeeper and keep order in the halls and lobbies. They shall prohibit all persons,…
- § 9196 The secretary and assistant secretaries, the chief clerk and assistant clerks, and the engrossing and enrolling clerks and the minute clerks of the Senate and…
ARTICLE 4. Legislative Employee Benefits § 9200 · 1 section
- § 9200 Each employee of the Legislature may elect to receive one or more employee benefits, as prescribed by concurrent resolution heretofore or hereafter adopted, in…
ARTICLE 4.5. Speaker of the Assembly §§ 9220–9223 · 4 sections
- § 9220 The Speaker is responsible for the efficient conduct of the legislative and administrative affairs of the Assembly from the final adjournment of any session of…
- § 9221 Every member, officer, and employee of the Assembly shall, upon request, assist the Speaker in carrying out the duties imposed upon him under this article.
- § 9222 Neither the Speaker nor any Member of the Assembly who assists him shall receive any additional salary for services rendered pursuant to this article, but they…
- § 9223 Whenever the Speaker incurs expenses in connection with the work of an Assembly committee of which he is a member, whether an ex officio or otherwise, the…
ARTICLE 5. Child Care § 9225 · 1 section
- § 9225 (a) The Joint Rules Committee shall include, in planning the Legislature’s new building to be located at the corner of 10th Street and “N” Street in…
CHAPTER 3. Compensation of Officers and Employees of the Legislature §§ 9320–9322 · 3 sections
- § 9320 The compensation of each officer and employee of the Senate or Assembly shall be fixed, insofar as such compensation is fixed, by the Senate or Assembly,…
- § 9321 The Secretary of the Senate, the Chief Clerk of the Assembly, and the minute clerks and Sergeant-at-Arms of each house, and no others, shall be allowed mileage.
- § 9322 (a) Notwithstanding Part 6 (commencing with Section 22950) of Division 5, or any other law, the Legislature shall provide dental care plan coverage, pursuant…
CHAPTER 3.5. Retirement of Legislators §§ 9350–9378 · 120 sections
ARTICLE 1. Definitions and General Provisions §§ 9350–9351.4 · 18 sections
- § 9350 This chapter may be cited as the Legislators’ Retirement Law.
- § 9350.1 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
- § 9350.2 “Retirement system” or “this system” means the Legislators’ Retirement System established by this chapter.
- § 9350.3 “Board of Administration” or “board” means the Board of Administration of the Public Employees’ Retirement System.
- § 9350.4 “Retirement Fund” or “fund” means the Legislators’ Retirement Fund established by this chapter.
- § 9350.5 “Member” means any person who is a member of this system.
- § 9350.55 “Legislative statutory officer” means any of the following officers who has 10 or more years’ full-time state service: (a) the Secretary of the Senate, (b) the…
- § 9350.56 “State service,” within the meaning of Sections 9350.55, 9356.15, and 9356.16 means employment with the Legislature or either house thereof as an officer or…
- § 9350.6 (a) “Compensation” and “salary” mean the remuneration paid in cash out of funds controlled by the state, excluding mileage, reimbursement for expenses incurred…
- § 9350.7 “Regular interest” means interest at the annual rate fixed by the board, compounded annually, plus such additional interest as the board may credit from year…
- § 9350.8 “Contributions” means contributions made by a member at the rate of contribution prescribed in this chapter and not contributions made by the state unless the…
- § 9350.9 “Accumulated contributions” means the sum of all contributions standing to the credit of a member’s account, and interest thereon.
- § 9350.10 “Net earnings” means the earnings of the retirement fund less the administrative costs specified in Section 9354 and transfers to the reserve against…
- § 9351 “Service” means the period of time, computed in years and fractions thereof, a member has held office as a Member of the Senate or of the Assembly or as an…
- § 9351.1 “Retirement” means withdrawal from membership in this system with a retirement allowance granted under this chapter.
- § 9351.2 “Benefit” means the retirement or survivor allowance granted under this chapter or payment of accumulated contributions or lump-sum payments with respect to…
- § 9351.3 “Legislator” means a Member of the Assembly or a Member of the Senate, an elective officer of the state whose office is provided by the Constitution, the…
- § 9351.4 All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in…
ARTICLE 2. Administration §§ 9353–9354.7 · 16 sections
- § 9353 This system shall be administered by the Board of Administration of the Public Employees’ Retirement System. The board shall administer this system in…
- § 9353.1 The board may make such rules as it deems necessary and proper for the administration of this system.
- § 9353.2 The board shall determine who are members of this system and is the sole judge of the conditions under which persons may be admitted to and continue to receive…
- § 9353.3 From time to time the board shall determine the rate of interest being earned on the Legislators’ Retirement Fund, and shall credit all contributions of…
- § 9353.4 At the end of each fiscal year the board may credit to all contributions held in the fund at June 30th of the then current fiscal year, such interest in excess…
- § 9353.5 Each member of this system shall file with the board any information affecting his or her status as a member as the board may require.
- § 9353.6 The Chief Clerk of the Assembly shall give the board immediate written notice of the change in status of any legislative statutory officer elected by the…
- § 9353.7 If it is impracticable for the board to determine from the records the length of service, compensation, or age of any member of this system, or if any member…
- § 9353.8 If more or less than the correct amount of contribution required of members or the State is paid, proper adjustment shall be made in connection with subsequent…
- § 9354 The Legislators’ Retirement Fund in the State Treasury is hereby established. All moneys received by this system pursuant to this chapter shall be deposited in…
- § 9354.1 The board has the exclusive control of the administration and investment of the fund, with the same powers and duties, and subject to the same limitations and…
- § 9354.2 In addition to other records and accounts, the board shall keep such records and accounts as may be necessary to show at any time: (a) The total accumulated…
- § 9354.3 As soon as practicable after the close of each fiscal year, the board shall file with the Governor a report of its work for such fiscal year. Not later than…
- § 9354.5 The board shall keep in convenient form such data as is necessary for the actuarial valuation of this system. As of June 30, 1973, and thereafter at the ends…
- § 9354.6 When there is insufficient data upon which to establish mortality rates or other actuarial assumptions required to evaluate the obligations of the system, the…
- § 9354.7 (a) Whenever a person entitled to payment of a member’s accumulated contributions or any other benefit fails to claim the payment or cannot be located or a…
ARTICLE 3. Membership §§ 9355–9355.8 · 12 sections
- § 9355 Any Member of the Senate or Assembly may file with the board at any time during incumbency in that office, a written election to become a member of this…
- § 9355.1 A person ceases to be a member of this system: (a) Upon retirement pursuant to this chapter. (b) Upon death. (c) Except as provided in Section 9355.2 or while…
- § 9355.16 Any member of this system who is charged, by indictment, with the commission of any felony involving the accepting or giving, or offering to accept or give,…
- § 9355.2 Notwithstanding any other provision of this chapter, if the service of a member is discontinued by any means other than death or retirement pursuant to this…
- § 9355.3 Any member may resign from this system at any time prior to retirement, by written resignation filed with the Board of Administration.
- § 9355.4 (a) Every elective officer of the state whose office is provided for by the California Constitution, except judges, may become a member of this system. Except…
- § 9355.41 (a) The Insurance Commissioner may become a member of this system as provided in this section. An Insurance Commissioner who is elected after January 1, 1994,…
- § 9355.45 (a) Every legislative statutory officer may become a member of this system. Every such officer in office at the time this section becomes effective may, within…
- § 9355.5 Membership in this system is exclusive of membership in any other retirement system for state officers and employees. Upon becoming a member of this system, a…
- § 9355.6 A member is absent on military service while serving with the armed forces of the United States, either during a war as defined in Section 18 of the Military…
- § 9355.7 Any member who, while serving a term of office as a Member of the Senate or Assembly, is elected or appointed to another public office and resigns his or her…
- § 9355.8 For purposes of Section 9355.7, “public office” includes, but is not limited to, positions within the federal government that require appointment by the…
ARTICLE 4. Service §§ 9356–9356.5 · 8 sections
- § 9356 Each member of this system shall receive credit for service for time during which he or she holds office as a legislator after becoming a member of this…
- § 9356.1 Each member who rendered service prior to the date this chapter becomes operative shall receive credit therefor if he or she makes contributions therefor to…
- § 9356.15 Any person who is a member of the system pursuant to Section 9355.45 may also receive credit for state service prior to the date he or she became a member,…
- § 9356.16 Any person who is a member of the system may also receive credit for state service prior to the date he or she became a member, whether the service was…
- § 9356.2 Each member shall receive credit for service while absent on military service, provided he or she is a member at the time the absence commences or, in the case…
- § 9356.21 Each member or former member who has 10 years of credited service in this system shall receive credit for active service of not less than one year in the armed…
- § 9356.3 This section applies to any member heretofore or hereafter elected to fill an unexpired term of office as Member of the Legislature, and who is a Member of the…
- § 9356.5 Any member whose service is discontinued but whose membership is continued under Section 9355.2 and who becomes a member of the Judges’ Retirement System or is…
ARTICLE 5. Contributions §§ 9357–9358.1 · 14 sections
- § 9357 For each year of service rendered after the date this chapter becomes operative, each legislator who is a member of this system shall contribute 4 percent of…
- § 9357.01 Notwithstanding the provisions of Section 9357 or 9357.05, the rate of contribution for a member of the system first elected after the date this section…
- § 9357.05 Each person who is a member of the system pursuant to Section 9355.45 shall contribute 61/2 percent of his or her compensation for each year of service…
- § 9357.1 Immediately upon receipt of the written election of a legislator to become a member of this system, the board of administration shall certify to the State…
- § 9357.15 With respect to each person who is a member of the system pursuant to Section 9355.45, the Controller shall deduct 61/2 percent from each warrant drawn in…
- § 9357.2 Any member who rendered service prior to the date he or she became a member may elect, at any time prior to retirement, to contribute to the Legislators’…
- § 9357.3 If the membership of a member is terminated, except by death or retirement pursuant to this chapter, he or she shall be paid forthwith all of his or her…
- § 9357.4 A member may redeposit in the Legislators’ Retirement Fund, in one sum or in not to exceed 12 monthly or 24 semimonthly payments, an amount equal to any…
- § 9357.45 Notwithstanding any other provisions of this chapter, a person who was a member and entitled to be credited with 10 or more years of service as a Member of the…
- § 9357.46 Any person who was a member and who withdrew his or her accumulated contributions after discontinuance of service may, at any time while he or she is in…
- § 9357.5 Upon reentering this system after a termination of his or her membership, if a member does not elect to make, or having so elected, does not make, a redeposit,…
- § 9358 (a) On and after January 1, 2000, the state’s contribution on account of liability for benefits under this chapter shall be established in accordance with…
- § 9358.01 Notwithstanding any other provision of law, the state may pick up, for the sole purpose of deferring income taxes thereon, as authorized by Section 414(h)(2)…
- § 9358.1 The board shall report annually to the Joint Rules Committee the rate of contributions which, if paid by the state pursuant to Section 9358, would fully…
ARTICLE 6. Benefits §§ 9359–9360.11 · 36 sections
- § 9359 Upon his or her written application to the Board of Administration, (a) a member of this system who was a member on the effective date of this amendment who…
- § 9359.01 (a) Notwithstanding any other provision of this part, the benefits payable to any person who becomes a member for the first time on or after January 1, 1990,…
- § 9359.02 (a) The amount of compensation used to compute benefits payable to any person who becomes a member of this system on or after July 1, 1996, may not exceed the…
- § 9359.03 If a person qualifies to retire as a legislative statutory officer, and has held more than one of the offices enumerated in Section 9350.55, his benefits…
- § 9359.05 The amount of compensation that is taken into account in computing benefits payable to any person who first becomes a member of this system on or after July 1,…
- § 9359.06 (a) The cost-of-living adjustments under Section 415(d) of the Internal Revenue Code to the limits described in Section 415(b) of the Internal Revenue Code, as…
- § 9359.1 (a) The retirement allowance for a member all of whose credited service was rendered as a Member of the Senate or Assembly, except as provided in subdivision…
- § 9359.10 The retirement allowance for a legislative statutory officer is an annual amount equal to 3 percent of the compensation payable to the officer at the time the…
- § 9359.11 Any contrary provisions of Section 9359.1 notwithstanding, in computing the retirement allowance of a legislator member of the Legislators’ Retirement System…
- § 9359.12 (a) Any contrary provisions of Section 9359.1 or Section 9360.9 notwithstanding, and subject to the further limitations in subdivision (b), the retirement…
- § 9359.13 Notwithstanding any contrary provision of Section 9359.1 the retirement allowance of a member who is an elective officer of the state whose office is provided…
- § 9359.15 Notwithstanding any other provision of this chapter, no retirement allowance or optional settlement in lieu thereof under this chapter shall be paid to or in…
- § 9359.16 Notwithstanding the provisions of Section 9359, a member of this system, other than a legislative statutory officer, who is under age 60 and who is credited…
- § 9359.17 Notwithstanding the provisions of Section 9359, a legislative statutory officer who has attained the age of 55 shall be retired upon his or her written…
- § 9359.2 A retirement allowance granted by this chapter is payable in equal monthly installments but a smaller pro rata amount may be paid for part of a month when the…
- § 9359.3 The right of a person to any benefit or other right under this chapter and the money in the Legislators’ Retirement Fund are not subject to execution or any…
- § 9359.4 A member may at any time designate a beneficiary to receive those benefits as may be payable to his or her beneficiary or estate under this chapter, by a…
- § 9359.5 The designation of a beneficiary under this system, other than designations under Optional Settlements 2, 3 and 4, may be revoked at the pleasure of the person…
- § 9359.6 The designation of a beneficiary by a member is not affected by termination of nor a break in his membership.
- § 9359.7 If any person entitled to a benefit of not more than five hundred dollars ($500) from this system is a minor who has no guardian of his estate, the board may…
- § 9359.8 Upon the death of any member before retirement, the member’s accumulated contributions shall be paid to the member’s beneficiary, if he or she has designated…
- § 9359.83 Retired members of the system, and beneficiaries, who are entitled to receive allowances under the provisions of this chapter, may authorize deductions to be…
- § 9359.85 Upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to his or her estate or to…
- § 9359.9 (a) If a beneficiary is not designated, or if the estate is the beneficiary and the estate would not be probated if no amount were due from this system, all of…
- § 9359.95 In addition to any other benefits provided for in this chapter, upon the death, on or after January 1, 1959, and before retirement, of any member who, at the…
- § 9360 No payment shall be made to persons included in any group if at the date of payment there are living persons in any of the groups preceding it, as listed.…
- § 9360.1 If the estate of the deceased member is his beneficiary, or if no beneficiary has been designated by him, or if the designated beneficiary cannot be found by…
- § 9360.2 As used in this chapter, “disability” and “incapacity for performance of duty” as a basis of retirement, mean disability of permanent or extended and uncertain…
- § 9360.3 Application to the board for retirement of a member for disability may be made by the member or any person in his or her behalf. Upon receipt of the…
- § 9360.4 The board may require any recipient of a disability allowance under the minimum age for voluntary retirement to undergo medical examination. The examination…
- § 9360.5 If any recipient of a disability retirement allowance under the minimum age for voluntary retirement refuses to submit to medical examination, the retirement…
- § 9360.6 The disability allowance for other than legislative statutory officers is the same as the retirement allowance that would be payable to the member had he or…
- § 9360.7 (a) Any Member of the Senate or Assembly who, after the effective date of this section, retires for service or disability shall receive the retirement…
- § 9360.9 Notwithstanding any other provisions of this chapter, the provisions of this section shall be applicable to all allowances granted by this chapter commencing…
- § 9360.10 On or before January 15, 1968, and on or before January 15 of each year thereafter, the amount of any allowances provided by this chapter and not subject to…
- § 9360.11 Notwithstanding any other provisions of this chapter, any member who would have been eligible to retire under Section 9359.01 had it not been repealed because…
ARTICLE 7. Optional Settlements §§ 9361–9361.5 · 8 sections
- § 9361 In lieu of the retirement allowance for his life alone, a member or retired member may elect, or revoke or change a previous election, to have the actuarial…
- § 9361.1 (a) The election, revocation, or change of election set forth in Section 9361 may be made at any time before the effective date of retirement or after the…
- § 9361.12 Notwithstanding any provision of this part, a retired member who was a Member of the Senate or Assembly may revoke an optional settlement and may designate a…
- § 9361.15 A member may designate one or more persons as beneficiaries. If more than one person is designated under an optional settlement involving life contingency of…
- § 9361.2 Optional Settlement 1 consists of the right to have a retirement allowance paid him or her until his or her death and if he or she dies before he or she…
- § 9361.3 Optional Settlement 2 consists of the right to have a retirement allowance paid him or her until his or her death and thereafter to his or her beneficiary for…
- § 9361.4 Optional Settlement 3 consists of the right to have a retirement allowance paid him or her until his or her death, and thereafter to have one-half of his or…
- § 9361.5 Optional Settlement 4 consists of such other benefits as are the actuarial equivalent of his retirement allowance, that he may select subject to the approval…
ARTICLE 8. Survivor’s Allowances §§ 9371–9378 · 8 sections
- § 9371 (a) This article applies to members who elect to be subject to its provisions and does not apply to any member while his or her services are included in the…
- § 9372 “Survivor allowance” means the allowance provided for in Section 9374.
- § 9373 “Disability,” “disabled” or “incapacitated” means, with respect to qualification for a survivor allowance, inability to engage in any substantial gainful…
- § 9374 Upon the death of a member before retirement (a) the surviving spouse of the member, who has the care of children, including stepchildren, of the member who…
- § 9375 For the purposes of Section 9374, a person shall be considered to be under the age of 18 if he or she is under the age of 22 and a full-time student.
- § 9376 When the survivor is entitled to receive a monthly allowance as a death benefit provided by any other provision of this chapter and at the same time is…
- § 9377 The rate of contribution of a member subject to this article shall include in addition to his normal rate, two dollars ($2) per month. Such contributions shall…
- § 9378 A person who in any month is an eligible survivor of more than one member, shall receive only one allowance under this article, which shall be the largest of…
CHAPTER 4. Witnesses §§ 9400–9414 · 15 sections
- § 9400 As used in this chapter, “committee” means a committee of either the Senate or Assembly, a joint committee of both houses, or, when any of the foregoing…
- § 9401 A subpoena requiring the attendance of any witness before the Senate, Assembly, or a committee may be issued by the President of the Senate, Speaker of the…
- § 9402 A subpoena is sufficient if it: (a) States whether the proceeding is before the Senate, Assembly, or a committee. (b) Is addressed to the witness. (c) Requires…
- § 9403 The service of a subpena may be made by any person over 18 years of age.
- § 9404 (a) The members of any committee may administer oaths to witnesses in any matter under examination. (b) Anyone authorized to administer oaths who is designated…
- § 9405 If any witness neglects or refuses to obey a subpena, or appearing, neglects or refuses to testify, or to produce upon reasonable notice any material and…
- § 9406 If the contempt is committed before the Senate or Assembly, the Senate or Assembly may commit him for contempt by resolution entered on the Senate or Assembly…
- § 9407 If the contempt is committed before a committee during the session of the Legislature, the committee shall report the contempt to the Senate or Assembly, as…
- § 9408 If the contempt is committed before a committee when the Legislature is not in session, the superior court in and for the county in which any inquiry,…
- § 9409 Any witness neglecting or refusing to attend in obedience to subpena may be arrested by the Sergeant-at-Arms and brought before the Senate, Assembly or…
- § 9409.5 No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he or she shall be examined by the Senate, Assembly, or a…
- § 9410 (a) If, in response to a question posed, or a command to produce documents or other materials issued, by the Senate, the Assembly, or a committee, a witness…
- § 9411 Every State department, office, board, commission or bureau, including The Regents of the University of California, shall discharge any person who commits a…
- § 9412 Every person who, being summoned to attend as witness before the Senate, Assembly, or any committee, refuses or neglects, without lawful excuse, to attend…
- § 9414 (a) Any person who does any of the following is guilty of a misdemeanor: (1) Coerces or attempts to coerce any person not to appear as a witness before any…
CHAPTER 5. Enactment of Statutes and Adoption of Resolutions §§ 9500–9517 · 20 sections
- § 9500 As used in this chapter, “clerk” means the engrossing and enrolling clerk or the employee who performs the duties of engrossing and enrolling clerk when no…
- § 9501 As used in this chapter, “committee” means the engrossing and enrolling committee of the house ordering the engrossing or enrolling of a bill or other document…
- § 9501.5 The enacting clause of every law shall be “The people of the State of California do enact as follows:”.
- § 9502 All bills and other documents ordered engrossed or enrolled by the Senate or Assembly shall be delivered by the Secretary of the Senate or Chief Clerk of the…
- § 9503 The clerk shall deliver the bills and documents without delay, in the order of their receipt, to the State Printer.
- § 9504 The State Printer shall receipt for the bills or documents, and without delay engross or enroll (print) them in the order of their receipt by him. So soon as…
- § 9505 The State Printer shall deliver the engrossed or enrolled copy of the bill or document, with the original thereof, to the clerk from whom he received the…
- § 9506 All bills and documents that have been printed shall be considered engrossed if no amendments have been made after being printed. The original bill or document…
- § 9507 If the enrolled copy of a bill or other document is found to be correct, the committee shall present it to the proper officers for their signatures. When the…
- § 9508 Enrolled bills shall be transmitted to the Governor for his approval. Until otherwise provided by the joint rules of the Legislature, enrolled constitutional…
- § 9509 As soon as an enrolled bill is delivered to the Governor, it shall be endorsed as follows: “This bill was received by the Governor this ____ day of ____,…
- § 9510 When the Governor approves a bill, he shall affix his name thereto, with the date of signing, and deposit it in the Office of the Secretary of State, where it…
- § 9510.5 There shall be two series of bill chapter numbers for each two-year regular session of the Legislature. Bills deposited with the Secretary of State from the…
- § 9511 If a bill presented to the Governor contains an item or several items of appropriation, he may object to one or more items while approving other portions of…
- § 9512 When a bill has passed both houses of the Legislature and is returned by the Governor without his signature, and with objections thereto, or if it be a bill…
- § 9513 The certificate shall be indorsed on or attached to the bill, or indorsed on or attached to the copy of the statement of objections. It shall be in the…
- § 9514 The bill or statement so authenticated shall then be delivered to the Governor, and by him deposited with the laws in the Office of the Secretary of State.…
- § 9515 If on the day the Governor desires to return a bill without his approval and with his objections thereto the house in which it originated has adjourned for the…
- § 9516 Except as otherwise provided in this section, every bill which has passed both houses of the Legislature, and has not been returned by the Governor within 12…
- § 9517 The Legislature shall finish its actions on the budget required by the Constitution by June 15th of each year.
CHAPTER 6. Operation of Statutes and Resolutions §§ 9600–9612 · 12 sections
- § 9600 (a) Except as provided in subdivision (b), a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the…
- § 9602 Every concurrent and joint resolution takes effect upon the filing of it with the Secretary of State.
- § 9603 The general rules for the construction of statutes are contained in the preliminary provisions of the different codes.
- § 9604 When the provisions of one statute are carried into another statute under circumstances in which they are required to be construed as restatements and…
- § 9605 (a) (1) When a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form. The unaltered…
- § 9606 Any statute may be repealed at any time, except when vested rights would be impaired. Persons acting under any statute act in contemplation of this power of…
- § 9607 (a) Except as provided in subdivision (b), no statute or part of a statute, repealed by another statute, is revived by the repeal of the repealing statute…
- § 9608 The termination or suspension (by whatsoever means effected) of any law creating a criminal offense does not constitute a bar to the indictment or information…
- § 9609 A statute amending a section of a repealed statute is void.
- § 9610 The fixing or authorizing the fixing of the salary of a State officer or employee by statute is not intended to and does not constitute an appropriation of…
- § 9611 Notwithstanding any other provision of this chapter, whenever a provision of law is temporarily suspended, or is expressly or impliedly modified or repealed by…
- § 9612 Unless the context otherwise requires whenever the terms United States Army, Army of the United States, United States Navy, or military service appear in a…
CHAPTER 7. Legislative Printing and Publications §§ 9700–9795 · 31 sections
ARTICLE 1. General §§ 9700–9708 · 8 sections
- § 9700 All printing ordered by the Legislature or the Senate or Assembly, and all printing to be charged to legislative printing shall be governed by the joint rules…
- § 9701 The receipt of the Secretary of the Senate or Chief Clerk of the Assembly is a sufficient voucher for printing for any work done for the house of which the…
- § 9702 The Secretary of the Senate, in the case of Members and Members-elect of the Senate, and the Chief Clerk of the Assembly, in the case of Members and…
- § 9703 The State Printing Office shall print the laws, including initiative measures adopted by the people, public documents ordered to be printed by the Legislature,…
- § 9704 Proceeds from sales of all documents, the cost of publication of which is or has been paid from any appropriation for legislative printing, shall be credited…
- § 9705 The general officers of the Assembly whose names and titles shall appear on the frontpiece of all publications sponsored in whole or in part by the Assembly,…
- § 9706 The Legislative Printing Fund in the State Treasury is abolished. The Controller, on the effective date of this section, shall transfer the balance in that…
- § 9708 Whenever the Senate or the Assembly undertakes to publish in a separate volume the Constitution of the State of California and related documents, the text of…
ARTICLE 2. Daily Journals §§ 9720–9724 · 5 sections
- § 9720 The Secretary of the Senate and the Chief Clerk of the Assembly shall determine what is a sufficient number of copies to supply the members of both houses and…
- § 9721 A sufficient number of copies, with proper repaging, as determined by the Secretary and Chief Clerk, shall also be bound at the end of the session of the…
- § 9722 Each daily Journal and the Journals of the Senate and Assembly shall be printed by the State Printing Office. Each daily Journal shall be printed in book form…
- § 9723 One copy of the daily Journal of each house, upon its approval by the house, shall be authenticated as so approved by the chief clerk or secretary of the house.
- § 9724 Upon final adjournment of the Legislature, the authenticated copy of the daily Journal of each house for the entire session shall be properly bound in separate…
ARTICLE 3. Legislative Manual §§ 9740–9744 · 5 sections
- § 9740 The Secretary of the Senate and the Chief Clerk of the Assembly shall during the month of December in each even-numbered year, commence to compile a…
- § 9741 The legislative manual shall be uniform in size and style with similar publications of previous sessions. It shall include: (a) A list of State officers. (b)…
- § 9742 The manual shall be distributed as follows: (a) To each Senator and Assemblyman as determined by the Rules Committee of the respective houses. (b) Each…
- § 9743 The Secretary of the Senate and the Chief Clerk of the Assembly shall each retain the number of manuals needed for use in the respective houses and for…
- § 9744 The remainder shall be sold at a price to be fixed by the Joint Rules Committee. The price shall be sufficient to cover the cost of printing and binding the…
ARTICLE 4. Preparation and Printing of Statutes §§ 9760–9768 · 9 sections
- § 9760 Whenever a law is signed by the Governor, official notice of the fact shall be forwarded, in writing, to the State Printing Office.
- § 9761 Upon the receipt of the notice, the State Printing Office shall print for the use of the Legislature such number of copies of the law, or joint or concurrent…
- § 9762 When a new or a revised code is established, it shall be prepared by the Legislative Counsel with all amendments and superseding sections enacted during the…
- § 9763 The Department of General Services shall direct the preparation of the statutes of each session of the Legislature after each regular session. The statutes for…
- § 9764 The statutes of each session shall be prepared for printing and publication by the Legislative Counsel, the State Librarian, or such other state agency…
- § 9765 Preparation of the statutes shall include the making of an index and statutory record, and the delivery thereof to the State Printing Office as soon as…
- § 9766 At the beginning of each volume of the statutes there shall be printed: (a) The Constitution of the state. (b) The name and place of residence of: (1) The…
- § 9767 The Office of State Printing shall print the number of copies of the statutes of each session prepared at the direction of the Department of General Services…
- § 9768 The statutes shall be bound in law buckram binding.
ARTICLE 5. Distribution of Statutes and Legislative Publications §§ 9790–9792 · 3 sections
- § 9790 The Department of General Services shall maintain a bill-filing room for the Senate and Assembly, and file all bills, resolutions, journals and other documents…
- § 9791 The laws, resolutions and journals of the Legislature shall be distributed by the Department of General Services as follows: (a) To the Library of Congress,…
- § 9792 All other copies of the laws, resolutions and journals shall be sold by the Department of General Services at such price as it may fix.
ARTICLE 6. Reports to the Legislature § 9795 · 1 section
- § 9795 (a) (1) Any report required or requested by law, or identified in the Legislative Analyst’s Supplemental Report of the Budget Act, to be submitted by a state…
CHAPTER 8. Legislative Reform §§ 9900–9937 · 30 sections
ARTICLE 1. General §§ 9900–9907 · 8 sections
- § 9900 Short title This chapter shall be known and may be cited as the “Legislative Reform Act of 1983.”
- § 9901 Findings and declaration. The people find and declare: (a) All citizens of the State are entitled to full and effective representation by their elected…
- § 9902 Purposes of chapter The people enact this chapter to accomplish the following purposes: (a) Appropriations for the support of the Legislature should be reduced…
- § 9903 Construction of chapter This chapter shall be liberally construed to accomplish its purposes.
- § 9904 Amendment or repeal of chapter; procedures This chapter may be amended only by the procedures set forth in this section. If any portion of subsection (a) is…
- § 9905 Imposition of additional requirements; law governing Nothing in this chapter shall prevent the Legislature from imposing additional requirements on itself if…
- § 9906 Severability If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of…
- § 9907 Effective date This chapter shall go into effect immediately. Notwithstanding any other provision of law, all changes in the structure or operation of the…
ARTICLE 2. Legislative Powers and Duties §§ 9910–9917 · 8 sections
- § 9910 Speaker of the Assembly The Speaker is responsible for the efficient conduct of the legislative and administrative affairs of the Assembly. The Speaker shall…
- § 9911 Assembly Committee on Rules There is hereby created in the Assembly a Committee on Rules, which shall consist of the Speaker, who shall be the chairman of the…
- § 9912 Powers of the Assembly Committee on Rules (a) The Assembly Committee on Rules shall have the power: (1) To assign all bills to Assembly committees. (2) To…
- § 9913 Appointments by the speaker; confirmation by Assembly Committee on Rules Notwithstanding any other provision of law, all statutory appointments delegated to…
- § 9914 President pro tempore of the senate The President pro Tempore is responsible for the efficient conduct of the legislative and administrative affairs of the…
- § 9915 Senate Committee on Rules There is hereby created in the Senate a Committee on Rules, which shall consist of the President pro Tempore of the Senate, who shall…
- § 9916 Powers of the Senate Committee on Rules (a) The Senate Committee on Rules shall have the power: (1) To assign all bills to Senate committees. (2) To appoint…
- § 9917 Joint rules committee (a) There is hereby created the Joint Rules Committee which shall be comprised of the combined membership of the Assembly Committee on…
ARTICLE 3. Legislative Rules and Procedures §§ 9920–9925 · 6 sections
- § 9920 Rules Each house of the Legislature shall adopt rules for its proceedings for each regular and special session by resolution adopted by an affirmative recorded…
- § 9921 Joint Rules The Senate and Assembly shall adopt rules for their joint proceedings for each regular and special session by resolution adopted by an affirmative…
- § 9922 Standing committees All standing committees of both the Senate and the Assembly, except the Senate Committee on Rules and the Assembly Committee on Rules,…
- § 9923 Special and select committees; subcommittees No special or select committees nor any subcommittee shall be established in either the Senate or the Assembly…
- § 9924 Joint committees No joint committee shall be established except by passage of concurrent resolution, two thirds of the membership of each house concurring. The…
- § 9925 Member voting Each house of the Legislature shall provide in its rules for appropriate voting procedures on the floor and in committees or subcommittees;…
ARTICLE 4. Legislative Funds and Administration §§ 9930–9937 · 8 sections
- § 9930 Legislative contingent funds All appropriations for contingent expenses of the Legislature and committees thereof shall be deposited in and credited to the…
- § 9931 Disbursements from Senate Contingent Fund and Assembly Contingent Fund Except as provided by affirmative recorded vote of two thirds of the membership of the…
- § 9932 Disbursements from Contingent Funds of the Senate and Assembly No disbursements shall be made from the Contingent Funds of the Senate and Assembly except as…
- § 9933 Disbursement of money appropriated for legislative printing Any money appropriated for legislative printing shall be disbursed under or pursuant to the…
- § 9934 Limits upon public expenditure Notwithstanding any other provision of law, within 30 days following the enactment of this chapter, the total amount of monies…
- § 9935 Continuous availability of funds; special accounts Except as described in Section 9934 and this Section, appropriations deposited in and credited to the Senate…
- § 9936 Reports to public on expenditures made from contingent funds; contents (a) For the periods beginning December 1, March 1, June 1, and September 1 of each year,…
- § 9937 Independent audit of contingent funds The Joint Rules Committee shall annually contract for an independent audit of the revenues and expenditures, for each…
PART 2. AIDS TO THE LEGISLATURE §§ 10200–10606 · 74 sections
CHAPTER 1. Legislative Counsel §§ 10200–10300 · 61 sections
ARTICLE 1. General §§ 10200–10211 · 13 sections
- § 10200 There is in the State Government the Legislative Counsel Bureau. The bureau is in charge of a chief, who is a civil executive officer and who shall be known as…
- § 10201 The Legislative Counsel shall be selected by concurrent resolution at the beginning of each regular session and shall serve until his or her successor is…
- § 10202 If a vacancy occurs while the Legislature is not in session, a committee consisting of the Speaker of the Assembly, the Speaker pro Tempore of the Assembly,…
- § 10203 The Legislative Counsel shall be chosen without reference to party affiliations and solely on the ground of fitness to perform the duties of his or her office.
- § 10204 The annual salary of the Legislative Counsel is twenty-five thousand dollars ($25,000), or such greater amount as may be prescribed by the Joint Rules…
- § 10205 (a) The Legislative Counsel may employ and fix the compensation, in accordance with law, of such professional assistants and clerical and other employees as he…
- § 10205.1 (a) Notwithstanding Sections 18523, 18900, 18901, 18930, 18930.5, 18931, 18933, 18936, 18937, 18938.5, 18939,
- § 10206 The permanent office of the Legislative Counsel shall be in the State Capitol in Sacramento, where he or she shall be provided with suitable and sufficient…
- § 10207 (a) The Legislative Counsel shall maintain the attorney-client relationship with each Member of the Legislature with respect to communications between the…
- § 10208 Neither the Legislative Counsel nor any other employee of the bureau shall reveal to any person outside thereof the contents or nature of any matter which has…
- § 10209 The material, including books and other publications, of the State Library shall be made available to the bureau. The University of California, all State…
- § 10210 Subject to Article 3 (commencing with Section 10270), neither the Legislative Counsel nor any employee of the bureau shall oppose or urge legislation.
- § 10211 The Legislative Counsel, or any deputy legislative counsel, may administer and certify oaths.
ARTICLE 2. Duties §§ 10230–10249 · 24 sections
- § 10230 The Legislative Counsel shall be in attendance upon all regular and special sessions of the Legislature.
- § 10231 The Legislative Counsel shall prepare and assist in the preparation, amendment and consideration of legislative measures when requested or upon suggestion as…
- § 10231.5 (a) A bill that, as introduced or amended in either house of the Legislature, would require a state agency to submit a report on any subject to either house of…
- § 10232 Upon request, the Legislative Counsel shall advise any State agency as to the preparation of measures to be submitted to the Legislature.
- § 10232.5 Upon request, the Legislative Counsel may provide legal services to the State Auditor.
- § 10233 Insofar as in his power, upon request, the Legislative Counsel shall aid and assist any member of the Legislature as to bills, resolutions and measures,…
- § 10234 The Legislative Counsel shall give such consideration to and service concerning any measure before the Legislature as circumstances will permit, and which is…
- § 10235 (a) The Legislative Counsel shall give such consideration to and service concerning any bill in the Governor’s hands for rejection, approval, or other action,…
- § 10236 Upon request, the Legislative Counsel shall advise as to its work with any legislative committee appointed to carry on investigations.
- § 10237 The Legislative Counsel shall prepare or assist in the preparation or amendment of legislative measures at the written suggestion of any judge of the Supreme…
- § 10238 Every suggestion of a judge shall set forth the substance of the provisions desired or which may be needed with the reasons therefor.
- § 10239 A suggestion by a judge of the Supreme Court shall be filed with the clerk of that court. A suggestion by a judge of a court of appeal shall be filed with the…
- § 10240 When a suggestion is so filed with the clerk, he shall make and send to the permanent office of the Legislative Counsel a certified copy of the suggestion. All…
- § 10241 The Legislative Counsel shall prepare a measure in accordance with the suggestion of a judge, and shall transmit it to the chairman of the judiciary committee…
- § 10242 The Legislative Counsel shall advise the Legislature from time to time as to legislation necessary to maintain the codes and legislation necessary to codify…
- § 10242.5 (a) The Legislative Counsel shall annually prepare, publish, and maintain an electronic list of all reports that state and local agencies are required or…
- § 10243 The Legislative Counsel shall cooperate with the proponents of an initiative measure in its preparation when: (a) Requested in writing so to do by 25 or more…
- § 10244 The Legislative Counsel may contract, at not less than cost and subject to regulations approved by the Director of General Services, with any county or city…
- § 10245 The Legislative Counsel may cooperate with any educational institution of the State in any manner approved by the Legislative Counsel and such institution.
- § 10246 The Legislative Counsel shall not appear in any action or proceeding in the courts of this state or of the United States without the prior approval of the…
- § 10247 When a bill is introduced in the Legislature and each time a bill is amended, on or after January 1, 1990, the Legislative Counsel shall determine whether the…
- § 10248 Public computer network; required legislative information. (a) The Legislative Counsel shall, with the advice of the Assembly Committee on Rules and the Senate…
- § 10248.5 Notwithstanding subdivision (g) of Section 10248, the information that the Legislative Counsel makes available to the public pursuant to Section 10248 is…
- § 10249 (a) (1) The Legislative Counsel shall establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature…
ARTICLE 3. Commission on Uniform State Laws §§ 10270–10282 · 13 sections
- § 10270 There is, in the Legislative Counsel Bureau, the Commission on Uniform State Laws.
- § 10271 (a) The commission consists of one Member of the Senate, appointed by the Senate Committee on Rules; one Member of the Assembly, appointed by the Speaker of…
- § 10272 Each appointed member of the commission shall be any of the following: (a) A member in good standing of the State Bar of California. (b) A person admitted to…
- § 10273 Each member appointed by the Governor to the commission shall hold office for a term of four years and until the appointment and qualification of a successor.
- § 10274 When a vacancy occurs in an office filled by appointment by the Governor, the Governor shall appoint a person to the office for the balance of the unexpired…
- § 10275 A member of the commission is eligible for reappointment.
- § 10276 A member of the commission shall not receive compensation for services as a member, but shall receive one hundred dollars ($100) for each day while on official…
- § 10277 The commission may participate in the work of the National Conference of Commissioners on Uniform State Laws, and the Legislative Counsel may allocate funds to…
- § 10278 The commission shall meet at some place in the state at least once every two years. The commission shall elect one of its members as chairperson and another as…
- § 10279 The members of the commission shall attend the meetings of the National Conference of Commissioners on Uniform State Laws. The attendance of a member at this…
- § 10280 The commission shall do all in its power to promote uniformity in state laws upon all subjects where uniformity is deemed desirable and practicable.
- § 10281 The commission shall bring about, as far as practicable, the passage of the various uniform acts recommended by the National Conference of Commissioners on…
- § 10282 The commission shall report to the Legislature from time to time as the commission deems desirable and practicable, giving an account of its transactions and…
ARTICLE 4. Uniform Electronic Legal Material Act §§ 10290–10300 · 11 sections
- § 10290 This article may be cited as the Uniform Electronic Legal Material Act.
- § 10291 As used in this article: (a) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar…
- § 10292 This article applies to all legal material in an electronic record that is designated as official under Section 10293 and first published electronically on or…
- § 10293 (a) If an official publisher publishes legal material only in an electronic record, the publisher shall do all of the following: (1) Designate the electronic…
- § 10294 An official publisher of legal material in an electronic record that is designated as official under Section 10293 shall authenticate the record. To…
- § 10295 (a) Legal material in an electronic record that is authenticated under Section 10294 is presumed to be an accurate copy of the legal material. (b) If another…
- § 10296 (a) An official publisher of legal material in an electronic record that is or was designated as official under Section 10293 shall provide for the…
- § 10297 An official publisher of legal material in an electronic record that must be preserved under Section 10296 shall ensure that the material is reasonably…
- § 10298 In implementing this article, an official publisher of legal material in an electronic record shall consider all of the following: (a) Standards and practices…
- § 10299 In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 10300 This article modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.) but does not…
CHAPTER 4. Legislative Audit Bureau §§ 10500–10504.1 · 6 sections
ARTICLE 1. Joint Legislative Audit Committee §§ 10500–10504.1 · 6 sections
- § 10500 It is the desire of the Legislature to create the Office of the Auditor General, whose primary duties shall be to perform performance audits as may be…
- § 10501 The Joint Legislative Audit Committee is hereby created. The committee shall determine the policies of the Auditor General, ascertain facts, review reports and…
- § 10502 The committee shall consist of seven Members of the Senate and seven Members of the Assembly who shall be selected in the manner provided for in the Joint…
- § 10503 The committee is authorized to make rule governing its own proceedings and to create subcommittees from its membership and assign to such subcommittees any…
- § 10504 After recommendation by the committee, the Auditor General shall be selected by concurrent resolution and shall serve until his or her successor is selected or…
- § 10504.1 At least one deputy auditor general shall be a certified public accountant.
CHAPTER 5. Joint Legislative Retirement Committee §§ 10600–10606 · 7 sections
- § 10600 The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the…
- § 10601 The Joint Legislative Retirement Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices,…
- § 10602 The committee shall consist of a member from each of the following Senate committees: Banking and Commerce, Industrial Relations, Local Government, Public…
- § 10603 The committee is authorized to make rules governing its own proceedings and to create subcommittees from its membership and assign to such subcommittees any…
- § 10604 The committeee shall have authority to appoint and fix the salary of such professional and other employees as may be necessary. Funds for the support of the…
- § 10605 The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the…
- § 10606 There shall be held during the last week of March of each year a joint meeting of the committee, the board of experts, the Board of Administration of the…