PART 2. CONSTITUTIONAL OFFICERS
Part 2 added by Stats. 1945, Ch. 111.
§§ 12001–12790 · 635 sections
CHAPTER 1. Governor §§ 12001–12092.2 · 183 sections
ARTICLE 1. General §§ 12001–12002 · 4 sections
- § 12001 The Governor may appoint and fix the salaries of such assistants and other personnel as the Governor deems necessary for the Governor’s office. No salary fixed…
- § 12001.5 The Governor shall appoint a person to represent the state in Washington, D.C. to identify revenue sources available to the state in connection with the…
- § 12001.7 The person appointed by the Governor pursuant to Section 12001.5 shall furnish the Secretary of the Senate and the Chief Clerk of the Assembly an annual report…
- § 12002 Every law of this state relating to the powers and duties of the Governor and to acts and duties to be performed by others toward the Governor extends to the…
ARTICLE 2. Powers and Duties §§ 12010–12019 · 104 sections
- § 12010 The Governor shall supervise the official conduct of all executive and ministerial officers.
- § 12010.5 Notwithstanding any other provision of statutory law, the Governor shall determine the distribution in the executive agencies of deputies or employees selected…
- § 12010.6 (a) The purpose of this section is to increase the Governor’s managerial flexibility without increasing costs. It is the intent of the Legislature that…
- § 12011 The Governor shall see that all offices are filled and their duties performed. If default occurs, the Governor shall apply such remedy as the law allows. If…
- § 12011.5 (a) In the event of a vacancy in a judicial office to be filled by appointment of the Governor, or in the event that a declaration of candidacy is not filed by…
- § 12012 The Governor is the sole official organ of communication between the government of this State and the government of any other State or of the United States.
- § 12012.1 Whenever a treaty is in force providing for the transfer of offenders between the United States and a foreign country, the Governor or the Governor’s designee…
- § 12012.3 (a) There is within the office of the Governor, the office of the Governor’s Tribal Advisor, which shall be headed by the Governor’s Tribal Advisor. (b) The…
- § 12012.5 (a) The following tribal-state compacts entered in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec.…
- § 12012.25 (a) The following tribal-state gaming compacts entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl.,…
- § 12012.30 The tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C.…
- § 12012.35 (a) The tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25…
- § 12012.40 (a) The following amendments to tribal-state gaming compacts entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to…
- § 12012.45 (a) The following tribal-state gaming compacts and amendments of tribal-state gaming compacts entered into in accordance with the Indian Gaming Regulatory Act…
- § 12012.46 (a) The amendment to the tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168,…
- § 12012.465 The memorandum of agreement entered into between the State of California and the Agua Caliente Band of Cahuilla Indians, executed on June 27, 2007, is hereby…
- § 12012.47 (a) The amendment to the tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168,…
- § 12012.475 The letter of agreement entered into between the State of California and the San Manuel Band of Mission Indians, executed on September 5, 2007, is hereby…
- § 12012.48 (a) The amendment to the tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168,…
- § 12012.485 The memorandum of agreement entered into between the State of California and the Morongo Band of Mission Indians, executed on June 27, 2007, is hereby approved.
- § 12012.49 (a) The amendment to the tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168,…
- § 12012.495 The memorandum of agreement entered into between the State of California and the Pechanga Band of Luiseño Indians, executed on June 27, 2007, is hereby…
- § 12012.51 (a) The amendment to the tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168,…
- § 12012.515 The memorandum of agreement entered into between the State of California and the Sycuan Band of the Kumeyaay Nation, executed on June 27, 2007, is hereby…
- § 12012.52 (a) The tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C.…
- § 12012.53 (a) The amendment to the tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168,…
- § 12012.54 (a) The tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25…
- § 12012.551 (a) The tribal-state gaming compact entered into in accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25…
- § 12012.56 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and…
- § 12012.57 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.58 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.585 (a) The Shingle Springs Band of Miwok Indians Trust Fund is hereby created in the State Treasury as a special purpose trust fund for the receipt and deposit of…
- § 12012.60 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.61 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.62 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.64 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.66 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.67 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.68 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, inclusive,…
- § 12012.69 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.70 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.71 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.72 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.73 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,… see note
- § 12012.74 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.75 There is hereby created in the State Treasury a special fund called the “Indian Gaming Revenue Sharing Trust Fund” for the receipt and deposit of moneys…
- § 12012.76 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.77 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, inclusive,…
- § 12012.78 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.79 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.80 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.81 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.82 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.83 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.84 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.85 There is hereby created in the State Treasury a fund called the “Indian Gaming Special Distribution Fund” for the receipt and deposit of moneys received by the…
- § 12012.86 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.87 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.88 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.89 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.90 For each fiscal year commencing with the 2016–17 fiscal year, all of the following shall apply: (a) On or before the day of the May budget revision for each…
- § 12012.91 (a) Notwithstanding any other law and notwithstanding the terms of any tribal-state gaming compact, no tribe shall be required to pay, nor shall the state or…
- § 12012.92 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.93 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.94 (a) The first amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs.…
- § 12012.95 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.96 (a) On or before December 15, 2018, and on or before December 15 of each fiscal year thereafter, the Department of Finance, in consultation with the California…
- § 12012.97 (a) The following tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168,…
- § 12012.98 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.99 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.100 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.101 (a) The following tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168,…
- § 12012.102 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.103 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.104 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.105 (a) The following amendments to the tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C.…
- § 12012.106 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.107 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.108 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.109 (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, entered into in…
- § 12012.110 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.111 (a) The following amendments to the tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C.…
- § 12012.112 (a) The following tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168,…
- § 12012.113 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.114 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.115 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.116 (a) The following tribal-state gaming compacts and amended compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C.…
- § 12012.117 (a) (1) The third amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on December 12, 2024,…
- § 12012.118 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.119 (a) The fourth amendment between the State of California and the Picayune Rancheria of Chukchansi Indians of California, executed on June 4, 2025, entered into…
- § 12012.120 (a) The following tribal-state gaming compacts and amended compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C.…
- § 12012.121 (a) The second amendment to the tribal-state gaming compact between the State of California and the Yurok Tribe of the Yurok Reservation, California, executed…
- § 12012.122 (a) The following tribal-state gaming compact and amendments to tribal-state gaming compacts entered into in accordance with the federal Indian Gaming…
- § 12012.123 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to…
- § 12012.124 (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive,…
- § 12012.125 (a) The second amendment to the tribal-state gaming compact between the State of California and the Santa Ynez Band of Chumash Indians, executed on August 4,…
- § 12012.126 (a) The first amendment to the tribal-state gaming compact between the State of California and the Agua Caliente Band of Cahuilla Indians, executed on July 13,…
- § 12013 The Governor may direct the Attorney General to appear on behalf of the state and may employ such additional counsel as the Governor deems expedient whenever a…
- § 12014 The Governor may require the Attorney General or the district attorney of any county to inquire into the affairs or management of any corporation existing…
- § 12015 The Legislature declares it to be the purpose of this article to promote the orderly transfer of the executive power in connection with the expiration of the…
- § 12015.5 The Governor may appoint for a period not to exceed 60 calendar days after the conclusion of the Governor’s term of office persons to assist the Governor in…
- § 12017 At each session the Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the name of the convict, the crime of…
- § 12018 Except as otherwise provided by statute, the Governor may designate which single state agency shall be responsible for each federal program in which federal…
- § 12019 (a) The Director of e-Government in the office of the Governor shall direct the development of, and shall make operational by July 1, 2003, an interactive…
ARTICLE 2.3. Tribal Nation Grant Fund Program §§ 12019.30–12019.90 · 14 sections
- § 12019.30 Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings: (a) “Advisor” means the Governor’s…
- § 12019.35 (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the…
- § 12019.40 (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and…
- § 12019.45 (a) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop…
- § 12019.50 (a) The staff of the commission shall provide all of the following services: (1) Assistance to the individuals applying for a grant on behalf of every eligible…
- § 12019.55 (a) All information relating to the administration of this article that describes, directly or indirectly, the internal affairs of an eligible tribe,…
- § 12019.60 (a) There is in state government the Tribal Nation Grant Panel. (b) (1) The panel shall be composed of nine total members, of which seven are voting members…
- § 12019.65 (a) The panel shall meet to consider grant applications at least annually. To the extent required by applicable tribal-state gaming compacts or class III…
- § 12019.70 The panel may, in its discretion, modify any deadline it established for the use of a grant.
- § 12019.75 By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following: (a) The terms…
- § 12019.80 On or before July 15, 2020, and annually thereafter, the commission shall prepare and post on its Internet Web site a report detailing the status of grants and…
- § 12019.81 (a) The advisor shall provide an annual report to the Senate and Assembly Committees on Governmental Organization on the status of the program relating to the…
- § 12019.85 The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the…
- § 12019.90 Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts and class III gaming secretarial procedures.
ARTICLE 2.5. Budget Reports §§ 12020–12025 · 7 sections
- § 12020 The budget submitted by the Governor to the Legislature within the first 10 days of each regular session shall contain a statement of accounts payable for the…
- § 12021 The budget submitted by the Governor to the Legislature within the first 10 days of each regular session shall contain a statement of cash flow for the…
- § 12021.3 The budget for the 1983–84 and 1984–85 fiscal years submitted by the Governor to the Legislature within the first 10 days of each regular session shall contain…
- § 12022 The Governor shall annually provide to the Director of Finance an itemized statement of proposed expenditures, including special contingent expenses for…
- § 12023 The Governor shall annually issue a report to the public on the expenditures for support of the Governor’s office on December 31. The report shall include, but…
- § 12024 The budget submitted by the Governor shall contain a statement on the estimated growth of property tax revenue for the fiscal year, and specific detail as to…
- § 12025 Upon full implementation of the Financial Information System for California (FISCal) Project for state departments and agencies that are utilizing the full…
ARTICLE 3. Records §§ 12030–12031 · 2 sections
- § 12030 The Governor shall cause the following registers to be kept: (a) All applications for pardon or for commutation of a sentence, with a list of the official…
- § 12031 The Governor shall cause accounts to be kept of: (a) All of the Governor’s official expenses and disbursements, including the incidental expenses of the…
ARTICLE 3.2. Open Central Registry of Appointive Offices §§ 12033–12033.4 · 5 sections
- § 12033 (a) The Legislature finds and declares that a vast and largely untapped reservoir of talent exists among the citizenry of the State of California, and that…
- § 12033.1 (a) The Governor shall prepare and maintain an Open Central Registry of Appointive Offices, which shall be known as the State Appointments List, that shall be…
- § 12033.2 The Governor shall make copies of all information on the State Appointments List and updated materials available to any organization or person for a reasonable…
- § 12033.3 The State Appointments List located throughout the state shall contain the following: (a) A list of all boards and commissions to which the Governor, any…
- § 12033.4 All new appointments shall be posted in the State Appointments List within 20 working days after they are made. All unscheduled vacancies shall be posted in…
ARTICLE 4. Wellness and Physical Fitness §§ 12040–12042 · 3 sections
- § 12040 This article shall be known as the California State Government Wellness and Physical Fitness Act.
- § 12041 The Legislature finds and declares that wellness and physical fitness should be the goal of every American and, therefore, creates the Council on Wellness and…
- § 12042 There is in the office of the Governor a Council on Wellness and Physical Fitness, hereinafter referred to as “council” which shall advocate and encourage…
ARTICLE 4.5. Innovation Awards § 12045 · 1 section
- § 12045 (a) The Governor shall designate three state agencies to participate in a pilot program to award cash prizes to participants in an innovation contest…
ARTICLE 5.5. Succession to the Office of Governor §§ 12058–12059 · 3 sections
- § 12058 In case of vacancy in the office of Governor and in the office of Lieutenant Governor, the last duly elected President pro Tempore of the Senate shall become…
- § 12058.5 In case of the death, disability or other failure to take office of the Governor-elect, whether occurring prior or subsequent to the returns of election, the…
- § 12059 In case of the death, disability, or other failure to take office of both the Governor-elect and the Lieutenant Governor-elect, the last duly elected President…
ARTICLE 6. Succession to the Office of Governor in the Event of War or Enemy-Caused Disaster §§ 12060–12063 · 4 sections
- § 12060 As used in this article “disaster” means a war or enemy-caused calamity occurring in the State of California, such as an attack by nuclear weapons, as a result…
- § 12061 As soon as practicable after the effective date of this article, and thereafter as soon as practicable after election and qualification to office, the Governor…
- § 12062 In the event that the office of Governor is not filled within 24 hours after disaster as provided in Section 21 of Article IV of the Constitution, one of the…
- § 12063 Each Disaster Acting Governor shall, while filling the office of Governor, have the powers, perform all the duties, and receive the salary and perquisites of…
ARTICLE 7. Commission on the Governorship §§ 12070–12076 · 7 sections
- § 12070 There is in the state government a Commission on the Governorship, consisting of the President pro Tempore of the Senate, the Speaker of the Assembly, the…
- § 12071 The commission shall have exclusive authority to petition the Supreme Court to determine any questions that arise relating to vacancies in and succession to…
- § 12072 The commission shall have exclusive authority to petition the Supreme Court to decide any questions relating to the existence of a temporary disability of the…
- § 12073 The commission shall have exclusive authority to petition the Supreme Court to decide any questions relating to the termination of the temporary disability of…
- § 12074 The President pro Tempore of the Senate shall be chairman of the commission and the Speaker of the Assembly shall be vice chairman. The commission shall meet…
- § 12075 The commission may file a petition pursuant to Sections 12071, 12072, or 12073 only if a majority of the members of the commission vote to take such action.
- § 12076 The commission shall have the power of a head of a department to make investigations to determine whether or not a petition should be filed pursuant to this…
ARTICLE 7.5. Executive Reorganization §§ 12080–12081.2 · 13 sections
- § 12080 As used in this article: (a) “Agency” means a statewide office, nonelective officer, department, division, bureau, board, commission, or agency in the…
- § 12080.1 The Governor, from time to time, shall examine the organization of all agencies and shall determine what changes therein are necessary to accomplish one or…
- § 12080.2 Whenever the Governor finds that reorganization is in the public interest, the Governor shall prepare one or more reorganization plans in the form and language…
- § 12080.3 Each reorganization plan transmitted by the Governor under this article: (a) May change the name of an agency affected by a reorganization and the title of its…
- § 12080.4 No reorganization plan shall provide for, and no reorganization under this article shall have the effect of: (a) Continuing any agency beyond the period…
- § 12080.5 Except as otherwise provided in this section, a reorganization plan submitted pursuant to this article shall become effective the first day after 60 calendar…
- § 12080.6 No reorganization plan shall have the effect of limiting in any way the validity of any statute enacted, or any regulation or other action made, prescribed,…
- § 12080.7 No suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the state, in the head of an agency or…
- § 12080.8 From the effective date of a reorganization plan, and as long as it is in effect, the operation of any prior act of the Legislature inconsistent therewith…
- § 12080.9 Each reorganization plan which takes effect shall be printed in the same volume as the acts of the session of the Legislature to which it was submitted.
- § 12081 The Legislative Counsel shall prepare for introduction not later than the next regular session of the Legislature occurring more than 90 days after that in…
- § 12081.1 It is the intention of the Legislature in delegating legislative power to the Governor by this article pursuant to the authorization contained in Section 6 of…
- § 12081.2 If any provision of this act or the application thereof, except Section 12080.5, to any person or circumstances is held invalid, such invalidity shall not…
ARTICLE 8. Department of Community Services and Development §§ 12085–12091 · 13 sections
- § 12085 (a) (1) Although the economic well-being of the state has progressed to a level surpassing that of any other achieved in world history, and although these…
- § 12085.5 Any reference in any provision of law or regulation to the State Office of Economic Opportunity or the Department of Economic Opportunity shall be deemed to…
- § 12086 (a) The department is under the direction of an executive officer known as the Director of Community Services and Development. The director shall be appointed…
- § 12087 The department shall have the responsibility, and is hereby vested with all necessary powers and authority to do the following: (a) Recognize existing…
- § 12087.2 (a) It is the intent of the Legislature that one-time funding appropriated for the Low Income Household Water Assistance Program shall be used to prioritize…
- § 12087.5 (a) The department shall develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for…
- § 12087.6 (a) The department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any…
- § 12087.9 By January 1, 2021, the Department of Community Services and Development shall coordinate with the California Energy Commission and the State Department of…
- § 12087.10 The department, in coordination with relevant agencies, shall provide an assessment of the effectiveness of the program on or before January 1, 2023. The…
- § 12088 The Department of Economic Opportunity, a separate, independent entity in state government, is hereby transferred to the Health and Welfare Agency, and renamed…
- § 12089 (a) The Naturalization Services Program is hereby established, to be administered within the Department of Community Services and Development. The department…
- § 12090 The Department of Community Services and Development shall have possession and control of all records, papers, offices, equipment, supplies, land, and other…
- § 12091 All unexpended balances of appropriations and other funds available to the Department of Economic Opportunity shall be transferred to the Department of…
ARTICLE 9. California Program for Agricultural Employees §§ 12092–12092.2 · 3 sections
- § 12092 As used in this article, the following terms apply: (a) “Agricultural employee” has the same meaning as that term is defined in subdivision (b) of Section…
- § 12092.1 To address the state’s critical need for labor provided by agricultural employees, and the economic harm California faces from the uncertainty surrounding the…
- § 12092.2 Subject to the implementation of the program, on the third year of the renewal of the program, the Governor shall prepare a report to the Legislature, in…
CHAPTER 1.6. Governor’s Office of Business and Economic Development §§ 12096–12100.171 · 74 sections
- § 12096 This chapter shall be known, and may be cited, as the Economic Revitalization Act.
ARTICLE 1. Definitions § 12096.1 · 1 section
- § 12096.1 For purposes of this chapter: (a) “Office” means the Governor’s Office of Business and Economic Development. (b) “Director” means the Director of the…
ARTICLE 2. General § 12096.2 · 1 section
- § 12096.2 (a) The Governor’s Office of Business and Economic Development, also known as “GO-Biz,” is hereby established in state government within the Governor’s office.…
ARTICLE 3. Powers and Duties §§ 12096.3–12096.4 · 4 sections
- § 12096.3 The office shall serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development,…
- § 12096.3.5 The office shall coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land…
- § 12096.3.7 (a) (1) The office, in consultation with the State Air Resources Board, the State Energy Resources Conservation and Development Commission, and the Public…
- § 12096.4 (a) Each member of the Governor’s cabinet shall identify a senior manager within that member’s agency who shall coordinate business support activities with the…
ARTICLE 4. California Business Investment Services Program § 12096.5 · 1 section
- § 12096.5 (a) The California Business Investment Services Program is hereby created within the Governor’s Office of Business and Economic Development. (b) The program…
ARTICLE 4.4. California Competes Grant Program §§ 12096.6–12096.6.6 · 6 sections
- § 12096.6 For purposes of this article, all of the following definitions apply: (a) “Applicant” means any taxpayer, including, but not limited to, an individual,…
- § 12096.6.1 (a) Upon appropriation by the Legislature, GO-Biz shall establish the California Competes Grant Program pursuant to this article. (b) Upon appropriation by the…
- § 12096.6.2 (a) A grant may be recaptured, in whole or in part, if the qualified grantee fails to fulfill the terms and conditions of the written agreement entered into…
- § 12096.6.4 (a) GO-Biz shall do all of the following: (1) Negotiate with a qualified grantee the terms and conditions of proposed written agreements that provide the grant…
- § 12096.6.5 (a) The Franchise Tax Board and GO-Biz may prescribe regulations as necessary or appropriate to carry out the purposes of this article. (b) The Administrative…
- § 12096.6.6 This article shall be repealed on January 1, 2030.
ARTICLE 4.5. California Permit Assistance §§ 12097–12097.1 · 2 sections
- § 12097 (a) The Permit Assistance Program is hereby created within the Governor’s Office of Business and Economic Development. (b) The program shall do all of the…
- § 12097.1 (a) The director shall ensure that the office’s Internet Web site contains information on the licensing, permitting, and registration requirements of state…
ARTICLE 4.6. Local Economic Development Liaison Services § 12097.5 · 1 section
- § 12097.5 (a) (1) The Governor’s Office of Business and Economic Development is hereby authorized to develop content on its Internet Web site or through other mediums to…
ARTICLE 4.7. Office of Regional Economic Development Initiatives §§ 12097.6–12097.7 · 2 sections
- § 12097.6 For purposes of this article, notwithstanding Section 12096.1, the following definitions shall apply: (a) “GO-Biz” means the Governor’s Office of Business and…
- § 12097.7 (a) The Office of Regional Economic Development Initiatives is hereby created within the Governor’s Office of Business and Economic Development. The office…
ARTICLE 5. Small Business Advocate §§ 12098–12098.7 · 7 sections
- § 12098 (a) The Legislature finds and declares that: (1) Small businesses serve as economic engines to the California economy by being the most effective net new job…
- § 12098.1 The following definitions apply to this article, unless otherwise indicated: (a) “Advocate” means the Small Business Advocate who is also the Director of the…
- § 12098.3 (a) The Small Business Advocate shall be appointed by, and shall serve at the pleasure of, the Governor. (b) The Governor shall appoint the employees who are…
- § 12098.4 (a) Each agency of the state shall furnish to the advocate the reports, documents, and information that are public records and that the advocate deems…
- § 12098.5 In addition to other responsibilities under this article, the advocate shall do the following: (a) Be prepared for designation by the Office of Emergency…
- § 12098.6 (a) The office shall post information on its Internet Web site to assist an individual to start a nonprofit corporation in this state and to assist a nonprofit…
- § 12098.7 Notwithstanding any other law, effective June 30, 2014, the Economic Adjustment Assistance Grant funded through the United States Economic Development…
ARTICLE 6. The Made in California Program §§ 12098.10–12098.11 · 2 sections
- § 12098.10 (a) The Made in California Program, a public and private collaboration, is hereby created within the Governor’s Office of Business and Economic Development.…
- § 12098.11 The provisions of this article shall be enforced pursuant to the Consumers Legal Remedies Act, pursuant to Title 1.5 (commencing with Section 1750) of Part 4…
ARTICLE 6.2. California Innovation Initiatives §§ 12099.1–12099.7.5 · 8 sections
- § 12099.1 (a) The Accelerate California: Inclusive Innovation Hub Program is hereby created within the office, within the California Office of the Small Business…
- § 12099.2 For purposes of this article, the following terms shall be defined as follows: (a) “Accelerate California: Inclusive Innovation Hub” is a network of…
- § 12099.3 (a) The office shall issue a request for proposals for the Accelerate California: Inclusive Innovation Hub Program. (b) An applicant’s proposal shall include,…
- § 12099.4 A designated Accelerate California: Inclusive Innovation Hub shall include at least one major university or research center or institute, one economic…
- § 12099.5 Before an official designation as an Accelerate California: Inclusive Innovation Hub the applicant shall self-certify both of the following: (a) That the…
- § 12099.6 (a) An Accelerate California: Inclusive Innovation Hub may do all of, but shall not be limited to, the following: (1) Provide free or low-cost advisory…
- § 12099.7 The Inclusive Innovation Accelerator Account is hereby created within the California Economic Development Fund in the State Treasury. Subject to the approval…
- § 12099.7.5 (a) Upon appropriation by the Legislature, the office shall administer the Accelerate California Entrepreneurship Fund to provide acceleration grants to small…
ARTICLE 6.3. Industry Strategies for Strategic Sectors § 12099.8 · 1 section
- § 12099.8 (a) The office shall develop industry strategies for the strategic sectors identified in the California Jobs First State Economic Blueprint to ensure an…
ARTICLE 6.5. Local Economic Development § 12100 · 1 section
- § 12100 (a) The Legislature finds and declares all of the following: (1) California’s economic development organizations and corporations are an integral component of…
ARTICLE 6.6. California Employee Ownership Act §§ 12100.30–12100.33 · 4 sections
- § 12100.30 This article shall be known, and may be cited, as the California Employee Ownership Act.
- § 12100.31 The Legislature finds and declares all of the following: (a) California’s small businesses continue to contend with the pressures of the aging baby boomer…
- § 12100.32 For purposes of this article, the following definitions apply: (a) “Advocate” means the Small Business Advocate. (b) “Broad-based employee ownership vehicle”…
- § 12100.33 (a) Upon appropriation by the Legislature, CalOSBA shall establish the California Employee Ownership Hub, administered by an Employee Ownership Hub Manager,…
ARTICLE 6.7. California Foreign Investment Program §§ 12100.50–12100.53 · 4 sections
- § 12100.50 (a) This article shall be known and may be cited as the California Foreign Investment Program. (b) For purposes of this chapter: (1) “Public corporation” means…
- § 12100.51 (a) The office shall serve as the lead state entity for overseeing the state’s participation with the United States Citizenship and Immigration Services’ EB-5…
- § 12100.52 Any public or private corporation authorized to establish, operate, and maintain a regional center whose application is granted pursuant to the terms of the…
- § 12100.53 This article shall apply only to EB-5 activities of the state relating to the EB-5 Investment Program occurring on or after January 1, 2014.
ARTICLE 7. California Small Business Development Technical Assistance Expansion Act of 2018 §§ 12100.60–12100.67 · 6 sections
- § 12100.60 This article shall be known and may be cited as the California Small Business Development Technical Assistance Act of 2022.
- § 12100.61 The Legislature finds and declares all of the following: (a) Small businesses form the core of the California economy and that it is in the interest of the…
- § 12100.62 Unless the context otherwise requires, the following definitions in this section shall govern the construction of this article: (a) “California Office of the…
- § 12100.63 (a) The California Small Business Technical Assistance Program is hereby created within the California Office of the Small Business Advocate. (b) The program…
- § 12100.65 Upon appropriation of funds by the Legislature for the purpose of implementing this article, the office shall make grants to small business technical…
- § 12100.67 (a) Upon approval of an award to a small business technical assistance center pursuant to this article, the office shall issue to a notice of an award that…
ARTICLE 9.5. California Small Agricultural Business Drought and Flood Relief Grant Program §§ 12100.100–12100.105 · 6 sections
- § 12100.100 (a) The Legislature finds and declares that it is in the public interest to assist small agricultural businesses in the State of California that are impacted…
- § 12100.101 For the purposes of this article, unless the context requires otherwise: (a) “Applicant” means any California taxpayer, including, but not limited to, an…
- § 12100.102 If the office determines that the grantee has failed to meet the criteria for a qualified small business under Section 12100.101, or for a small farmer or…
- § 12100.103 (a) The California Small Agricultural Business Drought and Flood Relief Grant Program is hereby created within the office. (b) The program shall be under the…
- § 12100.104 The office and the Franchise Tax Board may adopt regulations to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section…
- § 12100.105 This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
ARTICLE 10. Energy Unit §§ 12100.110–12100.112 · 3 sections
- § 12100.110 (a) The Energy Unit is hereby created within the Governor’s Office of Business and Economic Development. (b) The Governor shall appoint a deputy director who…
- § 12100.111 (a) The Transmission Infrastructure Accelerator established pursuant to Section 12100.110 shall coordinate, as soon as practicable after the effective date of…
- § 12100.112 (a) The accelerator shall develop a public-private partnership plan to develop financing options that maximize debt financing to reduce overall capital costs…
ARTICLE 11. Local Government Budget Sustainability Fund §§ 12100.120–12100.125 · 6 sections
- § 12100.120 This article shall be known and may be cited as the Local Government Budget Sustainability Fund.
- § 12100.121 All efforts funded under this article are intended to support and be aligned with other initiatives in the State of California to support economic and…
- § 12100.122 (a) The Local Government Budget Sustainability Fund is hereby created within the Governor’s Office of Business and Economic Development. Upon appropriation,…
- § 12100.123 The office shall evaluate and prioritize grants, to the extent permissible under state and federal equal protection laws, in accordance with the following…
- § 12100.124 Eligible activities for grant funds shall include, but are not limited to, all of the following: (a) Staffing requirements, position classifications, and…
- § 12100.125 This article shall remain in effect until June 30, 2028, and as of that date is repealed.
ARTICLE 14. Zero-Emission Vehicle Market Development Office §§ 12100.150–12100.151 · 2 sections
- § 12100.150 For purposes of this article, the following definitions apply: (a) “Office,” notwithstanding Section 12096.1, means the Zero-Emission Vehicle Market…
- § 12100.151 (a) (1) The zero-emission vehicle division within the Governor’s Office of Business and Economic Development is hereby continued in existence within the…
ARTICLE 15. California Civic Media Act §§ 12100.160–12100.162 · 3 sections
- § 12100.160 This article shall be known, and may be cited, as the California Civic Media Act.
- § 12100.161 (a) The California Civic Media Program is hereby established under the administration of the office in the advancement of the following goals: (1) Enhancing…
- § 12100.162 (a) (1) There is hereby created in the State Treasury the California Civic Media Fund to be administered by the office. Notwithstanding Section 13340 of the…
ARTICLE 16. Building and Reinforcing Inclusive, Diverse, Gender-Supportive Equity Project §§ 12100.170–12100.171 · 2 sections
- § 12100.170 This article shall be known, and may be cited, as the Building and Reinforcing Inclusive, Diverse, Gender-Supportive Equity Project (BRIDGE Project).
- § 12100.171 (a) There is hereby established, within the office, the BRIDGE Project. (b) The purpose of the BRIDGE Project is to raise public awareness and promote civil…
CHAPTER 2. The Lieutenant Governor § 12101 · 1 section
ARTICLE 1. Duties § 12101 · 1 section
- § 12101 The Lieutenant Governor may appoint and, subject to the approval of the Director of Finance, fix the salaries of one secretary and such clerical assistants as…
CHAPTER 3. Secretary of State §§ 12152–12279 · 85 sections
ARTICLE 1. General §§ 12152–12153 · 2 sections
- § 12152 (a) To assist in the discharge of the duties of the Secretary of State’s office, the Secretary of State may appoint one Assistant Secretary of State, whose…
- § 12153 The Secretary of State shall appoint a competent person to the position of Chief of Archives. In case of the appointee’s absence or inability to perform the…
ARTICLE 2. Duties §§ 12159–12179.1 · 29 sections
- § 12159 The Secretary of State shall keep a correct record of the official acts of the legislative and executive departments of the government, and shall, when…
- § 12160 The Secretary of State is charged with custody of: (a) The enrolled copy of the Constitution. (b) All acts and resolutions passed by the Legislature. (c) The…
- § 12161 The Secretary of State shall attend at every session of the Legislature, for the purpose of receiving bills and resolutions and perform such other duties as…
- § 12162 The Secretary of State shall keep a register and attest the official acts of the Governor and shall affix the Great Seal, with the Secretary’s attestation, to…
- § 12163 The Secretary of State shall receive and record in proper books the official bonds of all officers whose bonds are required by law to be filed with the…
- § 12164 The Secretary of State shall record all conveyances made to the state, except (1) evidences of title acquired for state highway purposes and retained by the…
- § 12165 The Secretary of State shall certify and declare the result of all elections upon a question submitted to the electors of the state by either initiative or…
- § 12166 Within 100 days after the final adjournment of each session of the Legislature, the Secretary of State shall deliver to the State Printing Office the…
- § 12167 Within 60 days after the day on which a general election is held throughout the State, the Secretary of State shall deliver to the State Printing Office the…
- § 12168 On demand, the Secretary of State shall furnish, to a person paying the fees therefor, a certified copy of all or any part of a law, record, or other…
- § 12168.5 (a) When not inconsistent with other provisions of law, in lieu of filing or recording documents presented in paper format, the Secretary of State may adopt…
- § 12168.7 (a) The Legislature hereby recognizes the need to adopt uniform statewide standards for the purpose of storing and recording public records in electronic media…
- § 12169 The Secretary of State shall file in the Secretary’s office descriptions of seals in use by the different state officers and furnish those officers with new…
- § 12170 On or before the 15th day of September in each even numbered year, the Secretary of State shall report to the Governor a detailed account of all of the…
- § 12171 The Secretary of State shall compile and maintain a complete list of all districts for which certificates or copies of orders, ordinances or resolutions…
- § 12172 The Secretary of State shall, upon the request of the proponents of an initiative measure which is to be submitted to the voters of the state, review the…
- § 12172.3 The Secretary of State shall post on the Secretary’s Internet Web site and include in the pamphlet developed pursuant to Section 9018 of the Elections Code,…
- § 12172.5 (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall…
- § 12172.6 Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, the Secretary of…
- § 12172.8 (a) It is the intent of the Legislature to affirm and inform every Californian of their right and obligation to participate in the federal decennial census…
- § 12173 (a) The Secretary of State’s office shall develop a program to utilize electronic communications and enhance the availability and accessibility of information…
- § 12174 (a) The Secretary of State shall administer, protect, develop, and interpret the Secretary of State and State Archives Building Complex located in Sacramento…
- § 12175 The Secretary of State shall keep a fee book. There shall be entered in the book all fees, commissions, and compensation of whatever nature or kind that are…
- § 12176 (a) Commencing July 1, 1992, all fees collected by the Secretary of State’s office pursuant to the Business and Professions Code, Civil Code, Code of Civil…
- § 12177 For services performed in the Secretary’s office, the Secretary of State shall charge and collect the fees fixed in this article.
- § 12178 No Member of the Legislature or state officer shall be charged for a search relative to matters appertaining to the duties of the Member’s or officer’s office,…
- § 12178.1 (a) Except for copies of documents on file prepared pursuant to Section 12182, the fee for preparing a copy of any law, resolution, record, or other document…
- § 12179 The fee for attesting each patent for land issued by the Governor is one dollar ($1) for each 160 acres, or fraction thereof.
- § 12179.1 The fee for attesting each commission, passport, or other document signed by the Governor is ten dollars ($10). A fee shall not be charged for attesting…
ARTICLE 3. Business Programs §§ 12180–12197 · 18 sections
- § 12180 The Secretary of State’s office may adopt rules and regulations as necessary to carry out this article, in accordance with Chapter 3.5 (commencing with Section…
- § 12181 The Secretary of State’s office may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested…
- § 12182 (a) The Secretary of State shall charge and collect fees as provided in this article and may also by regulation establish fees to be charged and collected for…
- § 12182.1 The Secretary of State shall establish by regulation an application, examination, and commission fee that shall not exceed the amount necessary to cover the…
- § 12183 The Secretary of State shall charge and collect the following fees for certification: (a) Certification of a document: Five dollars ($5). (b) Certificate of…
- § 12184 (a) The Secretary of State shall charge and collect a fee of one hundred fifty dollars ($150) from an entity for its conversion made pursuant to Chapter 11.5…
- § 12185 Upon the filing of any document pursuant to any provision of the Corporations Code for which there is a filing fee of twenty-five dollars ($25) or more, at the…
- § 12186 The fees for corporate filings are the following: (a) Issuing a certificate of reservation of corporate name: Ten dollars ($10). (b) Registering a corporate…
- § 12187 The general partnership filing fees are the following: (a) Filing a statement of partnership: Seventy dollars ($70). (b) Filing a statement of dissolution for…
- § 12188 The limited partnership filing fees are the following: (a) Issuing a certificate of reservation of limited partnership name: ten dollars ($10). (b) Filing a…
- § 12189 The limited liability partnership filing fees are the following: (a) Filing a registration for a registered limited liability partnership: Seventy dollars…
- § 12190 The limited liability company filing fees are the following: (a) Issuing a certificate of reservation of limited liability company name: Ten dollars ($10). (b)…
- § 12191 The miscellaneous business entity filing fees are the following: (a) Foreign associations, as defined in Sections 170 and 171 of the Corporations Code: (1)…
- § 12192 The filing fees for a nonprofit mutual benefit ridesharing corporation are the following: (a) Nonprofit mutual benefit corporation having as its sole purpose…
- § 12193 The trademark and service mark fees are the following: (a) Filing an application for registration of a trademark: Seventy dollars ($70). (b) Issuing a…
- § 12194 The fees for filing liens pursuant to the Code of Civil Procedure and for filing financing statements and other Uniform Commercial Code filings are the…
- § 12195 (a) Special filing fees for joint powers agreements are the following: (1) Filing a notice of a joint powers agreement: One dollar ($1). (2) Filing an…
- § 12197 The Secretary of State shall charge and collect, as applicable, fees for the following: (a) Service of process, as provided in Section 15800 of the…
ARTICLE 4. State Archives §§ 12220–12237 · 17 sections
- § 12220 As used in this article, “item” includes, but is not limited to, any paper, document, book, map, artifact, or other type of record.
- § 12221 The Secretary of State is the custodian of the public archives of the State.
- § 12222 The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, description, and use of the archives.
- § 12223 The Secretary of State shall receive into the archives an item that is required by law to be delivered to or filed with the Secretary of State.
- § 12223.5 The Secretary of State shall receive into the State Archives any official committee file transmitted pursuant to Section 9080 or rulemaking file transmitted…
- § 12224 The Secretary of State may receive into the archives an item that the Secretary of State deems to be of historical value.
- § 12225 The Secretary of State may at any time return to the state agency from which it was received an item in the archives which the Secretary of State does not deem…
- § 12226 With the consent of the Secretary of State, the governing body of a county or city may by order or resolution direct the transfer to the Secretary of State for…
- § 12227 The Chief of Archives is responsible for the preservation and description of material deposited in the State Archives and shall make the material readily…
- § 12228 The Chief of Archives shall give an appropriate receipt for all material received by the Chief of Archives as a part of the archives.
- § 12229 The Secretary of State may maintain an item in an active file in the Secretary’s office for such time as the Secretary of State deems proper before…
- § 12230 The Secretary of State shall establish a Document Laboratory and a Record Processing Program to facilitate the preservation and description of the archives.
- § 12231 In carrying out the provisions of this article, the Secretary of State shall consult with and give consideration to the recommendations of the California…
- § 12232 The Secretary of State shall utilize the California Historical Records Advisory Board to advise, encourage, and coordinate the activities of the county…
- § 12233 The Secretary of State shall conduct under the administration of the State Archives a regular governmental history documentation program to provide through the…
- § 12236 (a) The Secretary of State shall establish a Local Government Records Program to be administered by the State Archives to establish guidelines for local…
- § 12237 (a) Notwithstanding any provision of Division 10 (commencing with Section 7920.000) of Title 1, any provision of law that exempts from public disclosure any…
ARTICLE 5. Roster of Public Officials §§ 12240–12242 · 3 sections
- § 12240 Whenever an appropriation is made by the Legislature for the purpose, the Secretary of State shall compile, publish, and distribute a roster of the State and…
- § 12241 The Secretary of State shall cause the roster to be printed and shall distribute copies free of charge, as follows: To the Governor, 50 copies; to the…
- § 12242 No more than 120 days after each general election, the governing body of each city, county, or city and county, or their delegated local entity, including, but…
ARTICLE 6. Reinstatement of Business Entities §§ 12260–12263 · 4 sections
- § 12260 For the purposes of this article, “termination document” means the certificate or other document required by the Corporations Code that is the last certificate…
- § 12261 (a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following: (1) The factual…
- § 12262 If the Secretary of State determines that the name of a business entity that has been ordered by a court to be reinstated creates a conflict under subdivision…
- § 12263 Nothing in this article authorizes a court to order that any records of the Secretary of State be expunged. The Secretary of State shall file a certified copy…
[ARTICLE 6.5. Violations of the Public’s Right to Know Act] § 12269 · 1 section
- § 12269 The sole remedies for violations of the following provisions of this Act shall be fines of ten thousand dollars ($10,000.00) for each advertisement, contract…
ARTICLE 7. State Records Management Act §§ 12270–12279 · 11 sections
- § 12270 This article shall be known, and may be cited, as the State Records Management Act.
- § 12271 For the purposes of this article, the following terms shall have the following meanings: (a) “Acquire” includes acquisition by gift, purchase, lease, eminent…
- § 12272 (a) The Secretary of State shall establish and administer a records management program that will apply efficient and economical management methods to the…
- § 12273 Notwithstanding any other law, a record held in the State Records Center or by a state agency determined by the Secretary of State to have archival value and…
- § 12274 The head of a state agency shall do all of the following: (a) Establish and maintain an active, continuing program for the economical and efficient management…
- § 12274.5 A Records Management Coordinator of an agency shall do all of the following: (a) (1) Upon initial appointment as a Records Management Coordinator, attend a…
- § 12275 (a) A record shall not be destroyed or otherwise disposed of by an agency of the state, unless it is determined by the Secretary of State that the record has…
- § 12276 (a) The records of a state agency may be microfilmed, electronically data imaged, or otherwise photographically reproduced and certified upon the written…
- § 12277 A person, other than a temporary employee, serving in the state civil service and employed by the Department of General Services in the California State…
- § 12278 All equipment and records in the California State Records and Information Management Program in the Department of General Services are transferred to the…
- § 12279 If a record of a state agency has been lost or destroyed by conflagration or other public calamity, the Secretary of State may acquire the right to reproduce…
CHAPTER 4. Treasurer §§ 12302–12334 · 16 sections
ARTICLE 1. General §§ 12302–12305 · 3 sections
- § 12302 The Treasurer may appoint one deputy treasurer at the annual salary as the Treasurer shall establish. The Treasurer may also designate and appoint, or…
- § 12304 Peace officers of the Department of the California Highway Patrol shall make routine inspections of the premises of the Treasurer’s office after normal working…
- § 12305 The Treasurer may contract for and secure insurance against the loss of securities and money in the Treasurer’s custody from any insurable risk whatsoever. The…
ARTICLE 2. Duties §§ 12320–12334 · 13 sections
- § 12320 The Treasurer shall receive and keep in the vaults of the State Treasury or deposit in banks or credit unions all moneys belonging to the state, not required…
- § 12321 The Treasurer shall not receive money into the Treasury unless it is certified by the Controller as provided for in Section 12414.
- § 12323 The Treasurer shall endorse a memorandum receipt upon documents accompanying money transmitted for deposit into the Treasury.
- § 12324 The Treasurer shall pay warrants drawn by the Controller, except warrants canceled pursuant to law.
- § 12325 The Treasurer may attach to or indorse upon warrants drawn by the Controller an order directing payment by any bank or credit union in which money of the state…
- § 12326 The Treasurer shall keep an account of all money received and disbursed.
- § 12328 The Treasurer shall report daily to the Controller the amounts disbursed during the preceding day and the funds out of which the disbursements were paid.
- § 12329 On or before the fifteenth day of September in each even-numbered year, the Treasurer shall report to the Governor the exact balance in the treasury to the…
- § 12330 (a) At the request of either house of the Legislature, or of a committee thereof, the Treasurer shall give written information as to the condition of the State…
- § 12331 Notwithstanding any general or specific law to the contrary, whenever any law or whenever any state agency or officer requires that a pledge of money be made…
- § 12332 The Treasurer is designated as an elected representative of the state to approve the issuance of bonds, notes, or other evidences of indebtedness, issued by or…
- § 12333 (a) The Treasurer may act as trustee, registrar, paying agent, tender agent, custodian, depository, transfer agent, fiscal agent, or in any other fiduciary or…
- § 12334 (a) As soon as April 1, 2022, but no later than one year after the effective date of this chapter, the Treasurer, in consultation with the California Housing…
CHAPTER 5. Controller §§ 12402–12482 · 88 sections
ARTICLE 1. General §§ 12402–12406 · 5 sections
- § 12402 The Controller may organize the Controller’s office into divisions and may, in conformity with the State Civil Service Act (Part 2 (commencing with Section…
- § 12403 The Controller may designate any one or more of the Controller’s employees to administer oaths in respect to returns, reports, affidavits, or other documents…
- § 12404 All deputy controllers, chiefs of divisions, assistant chiefs of divisions, attorneys, district managers, investigators, and financial data compiler in the…
- § 12405 For the purposes of Article 2 (commencing with Section 11180) of Chapter 2 of Part 1, the State Controller shall be deemed to be a head of a department and the…
- § 12406 In addition to the positions authorized by subdivision (c) of Section 4 of Article VII of the California Constitution for the Controller, the Governor, with…
ARTICLE 2. Duties §§ 12410–12431 · 38 sections
- § 12410 The Controller shall superintend the fiscal concerns of the state. The Controller shall audit all claims against the state, and may audit the disbursement of…
- § 12410.5 (a) The Controller shall receive every audit report prepared for any local agency, as defined in Section 53890, in compliance with the federal Single Audit Act…
- § 12410.6 (a) An audit for any local agency, including those submitted to the Controller pursuant to subdivision (a) of Section 12410.5, shall be made by a certified…
- § 12411 The Controller shall suggest plans for the improvement and management of the public revenues.
- § 12412 The Controller shall keep and state all accounts in which the State is interested and keep a separate account under the head of each specific appropriation,…
- § 12412.1 The Controller shall: (a) Account for expenditures as scheduled in the Budget Act. This accounting shall utilize the uniform code structure developed jointly…
- § 12413 The Controller shall keep an account between the State and the Treasurer and charge the Treasurer with the balance in the treasury when he comes into office…
- § 12415 The Controller may require any person, presenting an account for settlement, to be sworn before him and to answer orally or in writing as to any facts relating…
- § 12416 The Controller shall require all persons who have received any money belonging to the State and have not accounted for it to settle their accounts and may…
- § 12417 The Controller may require all persons who have received money or securities, or have had the disposition or management of any property of the state of which…
- § 12418 The Controller shall direct and superintend the collection of all money due the State, and institute suits in its name: (a) For all official delinquencies in…
- § 12419 The Controller shall state an account with any person who: (a) Has received money or has money or other personal property which belongs to the State by escheat…
- § 12419.2 (a) The Controller shall, under the authority to offset granted by Section 12419.5 and in conjunction with the Franchise Tax Board, develop a program to…
- § 12419.3 The Controller shall offset delinquent accounts against personal income tax refunds that have been certified by the Franchise Tax Board, in the following…
- § 12419.3.2 (a) Notwithstanding any other provision of this article, the payments authorized pursuant to Section 8161 of the Welfare and Institutions Code shall not be…
- § 12419.3.3 (a) Notwithstanding any other provision of this article, for taxable years beginning on or after January 1, 2024, the Controller shall not offset delinquent…
- § 12419.3.4 Notwithstanding any other provision of this article, the payments authorized pursuant to Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9…
- § 12419.4 The State has a lien for any taxes due the State from any person or entity, upon any and all personal property belonging to such person or entity and held by…
- § 12419.5 The Controller may, in the Controller’s discretion, offset any amount due a state agency from a person or entity, against any amount owing that person or…
- § 12419.7 For the purposes of Section 12419.5, an amount due a state agency from a person or entity shall include any amount due a community college district from a…
- § 12419.8 (a) The Controller may, in the Controller’s discretion, offset any amount due a city, county, or special district from a person or entity pursuant to paragraph…
- § 12419.9 (a) For the purposes of Section 12419.5, an amount due a state agency from a person or entity shall include any amount due an educational institution…
- § 12419.10 (a) (1) The Controller shall, to the extent feasible, offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or…
- § 12419.11 (a) The Labor Commissioner shall submit a request to the Controller to offset amounts due from a person or entity as the result of any judgment issued pursuant…
- § 12419.12 (a) (1) The Controller shall, to the extent feasible, offset any amount overdue and unpaid for a bridge toll or a high-occupancy toll lane fee and any…
- § 12419.13 (a) (1) The Controller shall, upon execution of a reciprocal agreement between the State Board of Equalization or the Franchise Tax Board, and any other state…
- § 12420.1 The Controller shall establish special accounts for any state officer or employee requesting salary or wage deductions in order that sufficient funds may be…
- § 12420.2 The Controller may purchase annuity contracts on behalf of any state employer under the uniform state payroll system, excluding the California State University…
- § 12421 The Controller shall authenticate with the Controller’s official seal all warrants drawn by the Controller, and all copies of papers issued from the…
- § 12422 The Controller shall summon county auditors to meet with the Controller or the Controller’s duly authorized representatives, at least once each year, in groups…
- § 12422.5 (a) On or before January 1, 2015, the Controller shall develop internal control guidelines applicable to each local agency to prevent and detect financial…
- § 12423 The Controller shall summon county tax collectors and redemption officers or the authorized representative of any county tax collector or redemption officer to…
- § 12424 The Controller may render service pertinent to financial, budgetary and taxation problems and procedures for any county, city, city and county, any other…
- § 12425 Upon the submission of claims by a state agency, with the approval of the Department of General Services, the Controller may pay, from appropriations available…
- § 12427 Each state agency shall reimburse the Controller for the costs associated with any accounting of expenditures incurred in connection with any revenue bonds,…
- § 12428 In the event either the Governor or the Legislature should obtain federal approval to transfer programs receiving federal support for persons with an…
- § 12429 The Controller may, with the approval of the Department of Finance, seek recovery from the federal government of Social Security contribution overpayments made…
- § 12431 Prior to the payment of any claim from funds appropriated pursuant to Section 7 of Chapter 1123 of the Statutes of 1977, the Controller shall require the…
ARTICLE 2.5. Discharge of State Entity from Duty to Collect §§ 12433–12439 · 8 sections
- § 12433 Any state agency or employee required to collect any state taxes, licenses, fees, or money owing to the state for any reason that is due and payable may be…
- § 12434 The application for a discharge under this article shall be filed with the Controller and include the following: (a) A statement of the nature and amount of…
- § 12435 The Controller shall audit the applications. The Controller shall discharge the applicant from further accountability for collection and authorize the…
- § 12436 The Controller may discharge from accountability a state agency for accounts that do not exceed the amount specified in subdivision (e) of Section 12435 and…
- § 12437 (a) Except as provided in subdivision (b), a discharge granted pursuant to this article to a state agency or employee does not release any person from the…
- § 12438 A state agency is not required to collect taxes, licenses, fees, or money owing to the state for any reason if the amount to be collected is five hundred…
- § 12438.1 Notwithstanding any other provision of this article, the Controller may discharge the Department of Water Resources from accountability for collection of the…
- § 12439 (a) The Controller may investigate, inquire, and, if necessary, conduct hearings concerning property in the possession of the Treasurer which has escheated to…
ARTICLE 3. Warrants §§ 12440–12440.7 · 7 sections
- § 12440 The Controller shall draw warrants on the Treasurer for the payment of money directed by law to be paid out of the State Treasury; but a warrant shall not be…
- § 12440.1 (a) The trustees, in conjunction with the Controller, shall implement a process that allows any campus or other unit of the university to make payments of…
- § 12440.3 (a) Notwithstanding Section 13340, for the 2014–15 fiscal year, if the Budget Act of 2014 is not enacted on or before July 1, 2014, for the memoranda of…
- § 12440.4 (a) Notwithstanding Section 13340, for the 2015–16 fiscal year, if the Budget Act of 2015 is not enacted on or before July 1, 2015, for the memoranda of…
- § 12440.5 (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted on or before July 1, 2016, for the memoranda of…
- § 12440.6 (a) Notwithstanding Section 13340, for the 2015–16 fiscal year, if the Budget Act of 2015 is not enacted on or before July 1, 2015, for the memoranda of…
- § 12440.7 (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted on or before July 1, 2016, for the memoranda of…
ARTICLE 4. Reports §§ 12460–12468 · 16 sections
- § 12460 The Controller shall submit an annual report to the Governor containing a statement of the funds of the state, its revenues, and the public expenditures during…
- § 12461 The Controller shall release an annual report that includes all of the following: (a) General Purpose Financial Statements prepared in accordance with Section…
- § 12461.1 The Controller shall also prepare a quarterly report on the General Fund comparing state revenues and expenditures for that quarter with the Budget Act, and…
- § 12461.2 If any state agency, department, board, or commission, which is required by statute or regulation to furnish a financial statement or report to the Controller…
- § 12462 Upon request, the Controller shall give information in writing to either house of the Legislature relating to the fiscal affairs of the state or the duties of…
- § 12462.5 The Controller shall include the following information on bank accounts and savings and loan association accounts outside the treasury system in the…
- § 12463 (a) The Controller shall compile, publish, and make publicly available on the Controller’s website, in a format that may be printed and downloaded, reports of…
- § 12463.1 (a) The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist the Controller in developing complete and…
- § 12463.2 (a) (1) The Controller shall include in reports compiled and published pursuant to subdivision (b) of Section 12463 information relating to the imposition of…
- § 12463.3 On or before May 1 of each year, the Controller shall compile and publish annually reports of the financial transactions of each community redevelopment agency…
- § 12463.4 On or before July 1, 2019, the Controller shall publish on the Controller’s Internet Web site a comprehensive list of special districts. The Controller shall…
- § 12464 (a) If the county, city, or district reports are not made in the time, form, and manner required or there is reason to believe that a report is false,…
- § 12465 (a) When they are in excess of five years old, reports from county and city officials and individuals, claims, canceled and paid warrants, payroll documents,…
- § 12466 On the first business day of each month, the Controller shall furnish the Department of Finance with a statement of the amount of money in each fund of the…
- § 12467 (a) (1) The Legislature finds and declares that the General Fund has experienced significant deficits in recent years due to economic factors and extraordinary…
- § 12468 The Controller shall regularly audit the apportionment and allocation by counties of property tax revenue pursuant to Chapter 3.5 (commencing with Section 75)…
ARTICLE 5. Uniform State Pay Roll System §§ 12470–12482 · 14 sections
- § 12470 In conformity with the accounting system prescribed by the Department of Finance pursuant to Section 13300, the Controller shall install and operate a uniform…
- § 12471 The uniform state pay roll system shall provide adequate accounting procedures to enable each state agency to properly account salary and wage expenditures…
- § 12472 The uniform state payroll system may provide for the fixing of staggered payroll periods, and designated days of the month on which permanent monthly salaried…
- § 12472.5 Notwithstanding any other law, on and after January 1, 2025, payments to employees made through the uniform state payroll system for master payroll paid on…
- § 12473 The pay roll period of employees of a state agency shall not be changed by inclusion of the agency into the uniform state pay roll system or by any revision or…
- § 12474 The Controller shall establish and maintain a payroll roster of all persons employed by every state agency except the University of California and may…
- § 12475 Each appointing power shall correctly and promptly certify to the Controller all changes, modifications, additions and deletions to the pay roll roster in…
- § 12476 The Controller may audit the uniform state pay roll system, the State Pay Roll Revolving Fund, and related records of state agencies within the uniform state…
- § 12477 Rules and regulations adopted under this article or Section 1153 are excepted from the provisions of the Administrative Procedure Act and shall be distributed…
- § 12478 Upon receipt of proof, satisfactory to the Controller, that a payroll warrant issued by the Controller has been lost or destroyed prior to its delivery to the…
- § 12479 (a) Notwithstanding any other law, an employee of the state may file with their appointing power a designation of a person or persons for receipt of employee…
- § 12480 Officers and employees of the state may authorize the direct deposit by electronic fund transfer of their salary or wages, after any withholding required by…
- § 12481 (a) Notwithstanding any other law, the Controller shall make an agreement with one or more financial institutions participating in the Automated Clearing House…
- § 12482 (a) On or before February 1, 2023, the Controller, in consultation with the Department of Human Resources, shall submit a report to each of the relevant budget…
CHAPTER 6. Attorney General §§ 12500–12661 · 133 sections
ARTICLE 1. General §§ 12500–12504 · 4 sections
- § 12500 The annual salary of the Attorney General includes all services rendered ex officio as member of any board or commission.
- § 12502 (a) The Attorney General may appoint and fix the salaries of Assistant Attorneys General, Deputy Attorneys General, service agents, experts, and technical and…
- § 12503 No person shall be eligible to the office of Attorney General unless that person has been admitted to practice before the Supreme Court of the state for a…
- § 12504 The Attorney General shall not engage in the private practice of law, nor shall the Attorney General be associated directly or indirectly with any attorney in…
ARTICLE 2. General Powers and Duties §§ 12510–12536 · 39 sections
- § 12510 The Attorney General is head of the Department of Justice.
- § 12511 The Attorney General has charge, as attorney, of all legal matters in which the State is interested, except the business of The Regents of the University of…
- § 12511.5 The Attorney General may defend a public or private provider of health care, as defined in Section 56.05 of the Civil Code, and its officers, employees,…
- § 12511.7 Defense of the California Legislature Transparency Act. If an action is brought challenging, in whole or in part, the validity of the California Legislature…
- § 12512 The Attorney General shall attend the Supreme Court and prosecute or defend all causes to which the state, or any state officer, is a party in the state…
- § 12513 After judgment in any of the causes referred to in Section 12512, the Attorney General shall direct the issuing of such process as may be necessary to carry…
- § 12513.1 Any person who fails to pay on a timely basis any liability or penalty imposed by or on behalf of any state agency or official, the People of the State of…
- § 12514 The Attorney General shall keep a docket of all causes in which the Attorney General is required to appear. The docket shall be open to the inspection of the…
- § 12515 The Attorney General shall bid upon and purchase, in the name of the state and under the direction of the Department of General Services, any property offered…
- § 12516 Whenever the property of a judgment debtor in any judgment in favor or for the use of the state has been sold under a prior judgment, or is subject to any…
- § 12517 When in the Attorney General’s opinion it may be necessary for the collection or enforcement of any judgment in favor or for the use of the state, the Attorney…
- § 12518 Whenever any action is brought against the state or any state agency involving the title, or right to possession or the boundaries of any lands belonging to…
- § 12519 The Attorney General shall give the Attorney General’s opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of…
- § 12520 (a) The Attorney General may not employ special counsel in any case except pursuant to either of the following: (1) Article 3 (commencing with Section 12540).…
- § 12521 The Attorney General shall account for and pay over to the proper officer all money which may come into the Attorney General’s possession belonging to the…
- § 12522 On or before the 15th day of September in each even-numbered year, the Attorney General shall report to the Governor the condition of the affairs of the…
- § 12523 The Attorney General may appear for and represent the Indians of the State of California before the Indian Claims Commission created by an act of Congress…
- § 12524 The Attorney General may, from time to time, and as often as occasion may require, call into conference the district attorneys and sheriffs of the several…
- § 12525 (a) In any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this…
- § 12525.2 (a) Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all…
- § 12525.3 (a) For purposes of this subdivision, the following definitions apply: (1) “Deadly weapon” includes, but it not limited to, any loaded weapon from which a…
- § 12525.5 (a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s…
- § 12526 The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for…
- § 12527 (a) This section applies to every action brought in the name of the people of the State of California by the Attorney General. (b) The court may appoint a…
- § 12527.5 For purposes of this article, any property which is obtained in connection with any deceptive or misleading statements or conduct shall be deemed obtained…
- § 12527.6 (a) The court may, in an action brought by the Attorney General under the unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of…
- § 12528 (a) There is in the Office of the Attorney General the Division of Medi-Cal Fraud and Elder Abuse, which shall implement Sections 1903(a)(6), 1903(b)(3), and…
- § 12528.1 (a) An agent, investigator, or auditor of the Division of Medi-Cal Fraud and Elder Abuse within the office of the Attorney General shall have the authority to…
- § 12529 (a) There is in the Department of Justice the Health Quality Enforcement Section. The primary responsibility of the section is to investigate and prosecute…
- § 12529.5 (a) All complaints or relevant information concerning licensees that are within the jurisdiction of the Medical Board of California, the California Board of…
- § 12529.7 By March 1, 2016, the Medical Board of California, in consultation with the Department of Justice and the Department of Consumer Affairs, shall report and make…
- § 12530 The Public Rights Law Enforcement Special Fund is hereby established in the State Treasury, to be administered by the Department of Justice. Moneys in the…
- § 12530.5 (a) For purposes of this section, the following definitions apply: (1) “Forced labor or services” means labor or services that are performed or provided by a…
- § 12531 (a) The Legislature finds and declares that California, represented by the California Attorney General, entered a national multistate settlement with the…
- § 12532 (a) Until July 1, 2027, the Attorney General, or the Attorney General’s designee, shall engage in reviews of county, local, or private locked detention…
- § 12532.5 (a) (1) On or before July 1, 2026, in consultation with appropriate stakeholders, the Attorney General shall publish model policies for state and local…
- § 12533 (a) The Attorney General may accept an assurance of voluntary compliance, in lieu of a stipulated judgment, to resolve an action brought in the name of the…
- § 12534 (a) The Opioid Settlements Fund is hereby created in the State Treasury. (b) Upon order of the Director of Finance, the Controller shall transfer funds…
- § 12536 (a) The Electronic Cigarette Settlements Fund is hereby created in the State Treasury. (b) The State Department of Public Health shall administer the…
ARTICLE 3. Escheated Property §§ 12540–12544 · 5 sections
- § 12540 The Attorney General shall institute investigations for the discovery of all real and personal property to which the state may be entitled by escheat. For that…
- § 12541 The Attorney General shall commence and prosecute actions on behalf of the State pursuant to Title 10, Part 3, of the Code of Civil Procedure, for the purpose…
- § 12542 The Attorney General may employ counsel to act in the Attorney General’s place and stead for the investigation for discovery and the recovery of any such…
- § 12543 The compensation for services of such counsel shall be determined by the Department of General Services and paid only out of the sums found to be escheated and…
- § 12544 If an escheat proceeding is prosecuted by the staff of the Attorney General’s office, the Attorney General shall recover, by presenting a claim to the…
ARTICLE 4. Supervision of District Attorneys §§ 12550–12553 · 3 sections
- § 12550 The Attorney General has direct supervision over the district attorneys of the several counties of the state and may require of them written reports as to the…
- § 12552 The powers and duties of the Attorney General with respect to grand juries are prescribed in Sections 913 and 923 of the Penal Code. The Attorney General may…
- § 12553 If a district attorney is disqualified to conduct any criminal prosecution within the county, the Attorney General may employ special counsel to conduct the…
ARTICLE 5. Supervision of Sheriffs §§ 12560–12561 · 2 sections
- § 12560 The Attorney General has direct supervision over the sheriffs of the several counties of the state, and may require of them written reports concerning the…
- § 12561 Whenever the Attorney General deems it necessary in the public interest, the Attorney General may appoint some competent person to perform the duties of…
ARTICLE 6. Special Agents and Investigators §§ 12570–12574 · 5 sections
- § 12570 For the purpose of enabling the Attorney General to perform the duties imposed by Section 13 of Article V of the Constitution the Attorney General may appoint…
- § 12571 When serving under the direction of the Attorney General each special agent or investigator is a peace officer of this State.
- § 12572 Whenever the Attorney General deems it advisable to keep secret the identity of any special agent or investigator, claims for compensation and expenses of the…
- § 12573 Upon the completion of each secret investigation and, in any event, within not more than one year after the payment of any claim, the Attorney General shall…
- § 12574 The Attorney General may employ additional special agents and investigators not exceeding 10 in number, to enable the Attorney General to carry out the…
ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act §§ 12580–12599.10 · 36 sections
- § 12580 This article may be cited as the Supervision of Trustees and Fundraisers for Charitable Purposes Act.
- § 12581 This article applies to all charitable corporations, unincorporated associations, trustees, and other legal entities holding property for charitable purposes,…
- § 12581.2 As used in this article, “solicitation” or “soliciting” for charitable purposes means any request, plea, entreaty, demand, or invitation, or attempt thereof,…
- § 12582 “Trustee” means (a) any individual, group of individuals, corporation, unincorporated association, or other legal entity holding property in trust pursuant to…
- § 12582.1 “Charitable corporation” means any nonprofit corporation organized under the laws of this State for charitable or eleemosynary purposes and any similar foreign…
- § 12583 The filing, registration, and reporting provisions of this article do not apply to the United States, any state, territory, or possession of the United States,…
- § 12584 The Attorney General shall establish and maintain a register of charitable corporations, unincorporated associations, and trustees subject to this article and…
- § 12585 (a) Every charitable corporation, unincorporated association, and trustee subject to this article shall file with the Attorney General an initial registration…
- § 12586 (a) Except as otherwise provided and except corporate trustees which are subject to the jurisdiction of the Commissioner of Financial Institutions of the State…
- § 12586.1 In addition to a registration fee, a charitable corporation or trustee, commercial fundraiser, fundraising counsel, coventurer, charitable fundraising…
- § 12586.2 All fines, penalties, attorney’s fees, if any, as authorized by law, and costs of investigation paid to the Attorney General pursuant to Section 12598 shall be…
- § 12587 The Attorney General may make additional rules and regulations necessary for the administration of this article, provided that any assessment of an annual…
- § 12587.1 (a) The Registry of Charities and Fundraisers Fund is hereby established in the State Treasury, to be administered by the Department of Justice. (b)…
- § 12588 The Attorney General may investigate transactions and relationships of corporations and trustees subject to this article for the purpose of ascertaining…
- § 12589 When the Attorney General requires the attendance of any person, as provided in Section 12588, the Attorney General shall issue an order setting forth the time…
- § 12590 Subject to reasonable rules and regulations adopted by the Attorney General, the register, copies of instruments, and the reports filed with the Attorney…
- § 12591 The Attorney General may institute appropriate proceedings to secure compliance with this article and to invoke the jurisdiction of the court. The powers and…
- § 12591.1 (a) Any person who violates any provision of this article with intent to deceive or defraud any charity or individual is liable for a civil penalty not…
- § 12591.2 In any case in which the Attorney General has authority to institute an action or proceeding under this article, the Attorney General may accept an assurance…
- § 12592 This article shall apply regardless of any contrary provisions of any instrument.
- § 12593 Every person who offers for probate any instrument which establishes a testamentary trust of property for charitable purposes or who records in any county or…
- § 12594 Every officer, agency, board, or commission of this State receiving applications for exemption from taxation of any corporation, charitable trust or similar…
- § 12595 This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
- § 12596 (a) A civil action brought by the Attorney General against trustees or other persons holding property in trust for charitable purposes or against any…
- § 12597 In any proceeding brought by the Attorney General to secure compliance with the provisions of Sections 12584 to 12587, inclusive, or any regulation issued…
- § 12598 (a) The primary responsibility for supervising charitable trusts in California, for ensuring compliance with trusts and articles of incorporation, and for…
- § 12599 (a) “Commercial fundraiser for charitable purposes” means any individual, corporation, unincorporated association, or other legal entity who for compensation…
- § 12599.1 (a) “Fundraising counsel for charitable purposes” is defined as any individual, corporation, unincorporated association, or other legal entity who is described…
- § 12599.2 (a) “Commercial coventurer” is defined as any person or entity who, for profit, is regularly and primarily engaged in trade or commerce other than in…
- § 12599.3 (a) A contract between a charitable organization and a commercial fundraiser for charitable purposes or fundraising counsel for charitable purposes shall be…
- § 12599.5 Each application for registration or renewal of registration under subdivision (b) of Section 12599 shall be accompanied by a cash deposit or by a bond issued…
- § 12599.6 (a) Charitable organizations and commercial fundraisers for charitable purposes shall not misrepresent the purpose of the charitable organization or the nature…
- § 12599.7 (a) A commercial fundraiser for charitable purposes shall maintain during each solicitation campaign and for not less than 10 years following the completion of…
- § 12599.8 For any year that the balance sheet of a charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets,…
- § 12599.9 (a) For purposes of this section: (1) “Charitable fundraising platform” means any person, corporation, unincorporated association, or other legal entity that…
- § 12599.10 (a) The Attorney General shall establish rules and regulations necessary for the administration of Section 12599.9, which shall include, but are not limited…
ARTICLE 8. Environmental Actions §§ 12600–12613 · 14 sections
- § 12600 The Legislature finds and declares as follows: (a) It is the policy of this state to conserve, protect, and enhance its environment. It is the policy of this…
- § 12601 The provisions of this article are not exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any…
- § 12602 If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the chapter and the…
- § 12603 This article shall be liberally construed and applied to promote its underlying purposes.
- § 12604 As used in this article, “person” includes any person, firm, association, organization, partnership, business trust, corporation, limited liability company,…
- § 12605 As used in this article, “natural resource” includes land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites, or any other…
- § 12606 The Attorney General shall be permitted to intervene in any judicial or administrative proceeding in which facts are alleged concerning pollution or adverse…
- § 12607 The Attorney General may maintain an action for equitable relief in the name of the people of the State of California against any person for the protection of…
- § 12608 In any action maintained under Section 12607, the defendant may also show, by way of an affirmative defense, that there is no more feasible and prudent…
- § 12609 Any action brought pursuant to Section 12607 to review, set aside, void or annul any decision in any zoning matter of an administrative body or of a…
- § 12610 In granting temporary and permanent equitable relief, the court may impose such conditions upon the defendant as are required to protect the natural resources…
- § 12611 (a) Whenever proceedings before an administrative agency are pending or available to determine the legality of the defendants’ conduct, program, or product,…
- § 12612 (a) In any administrative, licensing, or other such proceeding or in any proceeding for judicial review thereof which is made available by law, the Attorney…
- § 12613 There is continued in existence in the Department of Justice a Bureau of Environmental Justice.
ARTICLE 8.2. International Student Exchange Visitor Placement Organizations §§ 12620–12630 · 11 sections
- § 12620 This article shall be known and may be cited as the Uniform Supervision of International Student Exchange Visitor Placement Organizations Act of 1994.
- § 12621 For the purposes of this article, the following terms shall have the following meaning unless the context clearly requires otherwise: (a) “International…
- § 12622 The Attorney General shall establish and maintain a register of organizations subject to this article. The registry shall be known as the Registry of…
- § 12623 (a) Each organization shall, prior to arranging the placement of any international student exchange visitor in any school in California, register with the…
- § 12624 The Registry of International Student Exchange Visitor Placement Organizations Fund is hereby created in the State Treasury. All fees collected by the Attorney…
- § 12625 Subject to reasonable rules and regulations adopted by the Attorney General, the registry and copies of instruments and the documents filed with the Attorney…
- § 12626 (a) An application for registration pursuant to this article shall be submitted in the manner and on the forms prescribed by the Attorney General. The…
- § 12627 The Attorney General shall adopt regulations pursuant to the portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1…
- § 12628 Each organization shall provide an informational document, in English, to each student, host family, and designated school official in which the student is…
- § 12629 (a) If the Attorney General has probable cause to believe that the organization is not complying with this article, the Attorney General may conduct whatever…
- § 12630 Any person or organization who violates any provision of this article or who willfully and knowingly provides false or incorrect information to the Attorney…
ARTICLE 9. False Claims Actions §§ 12650–12656 · 9 sections
- § 12650 (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) “Claim” means any request or demand, whether…
- § 12651 (a) Any person who commits any of the following enumerated acts in this subdivision shall have violated this article and shall be liable to the state or to the…
- § 12652 (a) (1) The Attorney General shall diligently investigate violations under Section 12651 involving state funds. If the Attorney General finds that a person has…
- § 12652.5 Notwithstanding any other provision of law, the University of California shall be considered a political subdivision, and the General Counsel of the University…
- § 12653 (a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee,…
- § 12654 (a) A civil action under Section 12652 shall not be filed more than six years after the date on which the violation of Section 12651 is committed, or more than…
- § 12654.5 For statute of limitations purposes as provided herein, any pleading filed by the Attorney General or prosecuting authority pursuant to this article shall…
- § 12655 (a) The provisions of this article are not exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in…
- § 12656 (a) If a violation of this article is alleged or the application or construction of this article is in issue in any proceeding in the Supreme Court of…
ARTICLE 10. Securities and Commodities §§ 12657–12661 · 5 sections
- § 12657 For purposes of this article, the following terms shall have the following meanings: (a) “Securities law” shall mean the Corporate Securities Law of 1968…
- § 12658 (a) Whenever it appears to the Attorney General that any person has engaged or is about to engage in any act or practice constituting a violation of the…
- § 12659 (a) The Attorney General, in their discretion, (1) may make public or private investigations within or outside of this state that the Attorney General deems…
- § 12660 (a) Any person who violates any provision of the securities law or the commodities law shall be liable for a civil penalty not to exceed twenty-five thousand…
- § 12661 (a) The Attorney General may take any actions as are authorized by Section 6d of the federal Commodity Exchange Act (7 U.S.C. Sec. 1 et seq.) as amended before…
CHAPTER 7. Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster §§ 12700–12704 · 5 sections
- § 12700 As used in this chapter “disaster” means a war or enemy-caused calamity, such as an attack by nuclear weapons, which renders unavailable the Lieutenant…
- § 12701 As soon as practicable after the effective date of this chapter, and thereafter as soon as practicable after election and qualification to office, each of the…
- § 12702 If a constitutional officer who has appointed successors as provided in this chapter becomes unavailable because of a disaster, the powers and duties of the…
- § 12703 The Attorney General, Secretary of State, Treasurer, and Controller shall, in addition to the appointments required to be made by Section 12701, designate the…
- § 12704 Any such person shall, while holding the office, be known as Acting Lieutenant Governor, Acting Attorney General, Acting Secretary of State, Acting Treasurer,…
CHAPTER 8. Farmworker Resource Center Grant Program §§ 12710–12714 · 5 sections
- § 12710 In enacting this chapter, the Legislature finds and declares: (a) Agriculture is both a major industry and employer in California. (b) Farmworkers are an…
- § 12711 For purposes of this chapter, the following definitions apply: (a) “Center” means a farmworker resource center. (b) “Department” means the Department of…
- § 12712 (a) Upon appropriation by the Legislature, the department shall establish and administer a grant program for eligible counties to establish and fund farmworker…
- § 12713 To be eligible for funding under the program a county shall do all of the following: (a) Work with local or statewide community-based organizations in order to…
- § 12714 (a) To help inform the establishment and administration of the program, the department shall convene and facilitate a workgroup that includes, but is not…
CHAPTER 9. Community Services Block Grant Program §§ 12725–12790 · 45 sections
ARTICLE 1. General Provisions §§ 12725–12729 · 5 sections
- § 12725 This chapter may be cited as the California Community Services Block Grant Program.
- § 12726 (a) The purpose of this chapter is to provide authorization for the Governor of the State of California to assume responsibility for the Community Services…
- § 12727 All activities of the California Community Services Block Grant Program eligible entities shall have the following basic and specific purposes: (a) The basic…
- § 12728 Notwithstanding any other provision of law, the provisions of this chapter shall supersede and prevail over any provisions of law relating to or in any way…
- § 12729 If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…
ARTICLE 2. Definitions § 12730 · 1 section
- § 12730 For the purposes of this chapter, the following definitions apply: (a) “Community Services Block Grant” refers to the federal funds and program established by…
ARTICLE 3. State Application and Assurances §§ 12735–12738 · 3 sections
- § 12735 (a) The Governor shall submit an application containing the assurances and certification required under Section 12736 to the secretary in any form the…
- § 12736 For the purposes of Section 12735, the application shall contain assurance and certification that the state shall comply with all of the items listed below.…
- § 12738 In addition to the general powers vested in the Department of Community Services and Development by Section 12087, the department may promulgate regulations,…
ARTICLE 4. State Plan and Legislative Hearings §§ 12740–12742 · 3 sections
- § 12740 The department shall prepare a state plan for the California Community Services Block Grant Program, as required by the secretary, which shall include all of…
- § 12741 The state’s planning process shall include the following: (a) The state plan shall identify eligible activities and the eligible entities that will conduct…
- § 12742 The current state plan may be amended by the department at any time during the program year, provided that any proposed amendments, together with the reasons…
ARTICLE 5. Eligible Activities §§ 12745–12747 · 2 sections
- § 12745 (a) Eligible activities for which financial assistance may be obtained pursuant to this chapter shall be designed to have a measurable and potentially major…
- § 12747 (a) Community action plans shall be developed by eligible entities as required by the secretary and the director using processes that assess poverty-related…
ARTICLE 6. Community Action Programs §§ 12750–12763 · 15 sections
- § 12750 (a) A community action agency shall be a public or private nonprofit agency that fulfills all of the following requirements: (1) Has been designated by the…
- § 12750.1 (a) No new community action agency may be designated by the director for a political subdivision that is served by an existing community action agency unless…
- § 12750.2 For purposes of serving any area of the state in which community action programs cease to be provided, the director shall designate an organization in…
- § 12751 Each community action agency shall have a board of directors conforming to the following requirements: (a) One-third of the members of the board are elected…
- § 12752 The powers of the tripartite governing board of the nonprofit community action agency shall include the power to appoint the executive director, to determine…
- § 12752.1 (a) If a political subdivision or local government is designated as a community action agency, it shall do all of the following: (1) Establish a tripartite…
- § 12753 (a) Each community action agency shall adopt procedures to provide a continuing and effective mechanism for securing broad community involvement in programs…
- § 12754 In exercising its powers and carrying out its overall responsibility for a community action program, a community action agency shall have, subject to the…
- § 12756 Every community action agency has a fundamental responsibility to encourage, assist, and strengthen the ability of the poor in the areas served by the…
- § 12757 Where a community action agency places responsibility for major policy determinations with respect to the character, funding, extent, and administration of and…
- § 12758 (a) All Community Services Block Grant funds made available by Congress shall be used by the state, together with any state funds as may from time-to-time be…
- § 12759 (a) For the purposes of this section, the following terms have the following meanings: (1) “Agency” means a community action agency, limited purpose agency, or…
- § 12760 Subject to Section 12788, community action agencies funded under this article shall coordinate their plans and activities with other eligible entities funded…
- § 12761 A community action agency or eligible entity shall not use any funds received under this article to replace discontinued state or local funding.
- § 12763 Consistent with Section 1090, no Member of the Legislature, or any state, county, district, judicial district, or city officer or employee who also serves on a…
ARTICLE 7. Migrant and Seasonal Farmworker Programs §§ 12765–12768 · 3 sections
- § 12765 The purpose of this article is to assist migrant and seasonal farmworkers and their families to achieve a greater degree of self-sufficiency within or outside…
- § 12767 Subject to Section 12788, programs assisted under this article may include projects or activities to do any of the following: (a) Meet the immediate needs of…
- § 12768 Migrant and seasonal farmworker entities funded by the department shall coordinate their plans and activities with other eligible entities funded by the…
ARTICLE 8. American Indian Programs §§ 12770–12773 · 4 sections
- § 12770 (a) The purpose of this article is to set aside funds for assisting American Indians and Alaskan Natives residing in off-reservation and reservation areas of…
- § 12771 These set-aside funds shall be used to implement programs consistent with the purposes of this chapter and as are permissible under Section 12745 with specific…
- § 12772 American Indian entities funded by the department shall be limited to tribes and other Indian organizations in urban or rural off-reservation areas who…
- § 12773 American Indian entities funded by the department and operating under authority of this chapter in the prior program year shall have the same protections…
ARTICLE 9. State Discretionary Fund and Funding of Limited Purpose Agencies §§ 12775–12776 · 2 sections
- § 12775 (a) “Limited purpose agency” means a private nonprofit organization or public agency which in federal fiscal year 1981 received direct funding under Section…
- § 12776 Limited purpose agencies funded under this article shall coordinate their plans and activities with other eligible entities funded by the department to avoid…
ARTICLE 10. State Administrative Agency Powers and Responsibilities §§ 12780–12781 · 2 sections
- § 12780 The powers and responsibilities of the department as the state administering agency for the California Community Services Block Grant Program are those…
- § 12781 The department shall have the following powers and duties: (a) Development of an orderly grant application process culminating in a prescribed contract. (b)…
ARTICLE 11. Authorization and Fund Allocations §§ 12785–12788 · 4 sections
- § 12785 (a) If diminished federal appropriations for the Community Services Block Grant result in California’s share for any fiscal year being reduced by any amount up…
- § 12786 The state shall set aside up to 5 percent of the total Community Services Block Grant for discretionary use for special projects, training, technical…
- § 12787 Except as provided in Section 12788, this chapter shall not be construed to prohibit an eligible entity under Article 6 (commencing with Section 12750),…
- § 12788 (a) On and after January 1, 2020, any housing funded pursuant to this chapter shall not be rented, sold, or subleased to an agricultural employer, as defined…
ARTICLE 12. Repeal § 12790 · 1 section
- § 12790 This chapter shall remain in effect until the Director of Finance finds that federal Community Services Block Grant funding to the state has been terminated…