text:
(a) This section shall apply to a public employee first employed by a public employer or first elected or appointed to an office on or after January 1, 2013, and on and after that date, Section 7522.70 shall not apply.

(b) (1) If a public employee is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of or in the performance of his or her official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, he or she shall forfeit all accrued rights and benefits in any public retirement system in which he or she is a member to the extent provided in subdivision (c) and shall not accrue further benefits in that public retirement system, effective on the date of the conviction.

(2) If a public employee who has contact with children as part of his or her official duties is convicted of a felony that was committed within the scope of his or her official duties against or involving a child who he or she has contact with as part of his or her official duties, he or she shall forfeit all accrued rights and benefits in any public retirement system in which he or she is a member to the extent provided in subdivision (c) and shall not accrue further benefits in that public retirement system, effective on the date of the conviction.

(c) (1) A member shall forfeit all the rights and benefits earned or accrued from the earliest date of the commission of any felony described in subdivision (b) to the forfeiture date, inclusive. The rights and benefits shall remain forfeited notwithstanding any reduction in sentence or expungement of the conviction following the date of the member’s conviction. Rights and benefits attributable to service performed prior to the date of the first commission of the felony for which the member was convicted shall not be forfeited as a result of this section.

(2) Paragraph (1) shall apply to the extent permissible by law.

(3) For purposes of this subdivision, “forfeiture date” means the date of the conviction.

(d) (1) Any contributions to the public retirement system made by the public employee described in subdivision (b) on or after the earliest date of the commission of any felony described in subdivision (b) shall be returned, without interest, to the public employee upon the occurrence of a distribution event unless otherwise ordered by a court or determined by the pension administrator.

(2) Any funds returned to the public employee pursuant to subdivision (d) shall be disbursed by electronic funds transfer to an account of the public employee, in a manner conforming with the requirements of the Internal Revenue Code, and the public retirement system shall notify the court and the district attorney at least three business days before that disbursement of funds.

(3) For the purposes of this subdivision, a “distribution event” means any of the following:

(A) Separation from employment.

(B) Death of the member.

(C) Retirement of the member.

(e) (1) Upon conviction, a public employee as described in subdivision (b) and the prosecuting agency shall notify the public employer who employed the public employee at the time of the commission of the felony within 60 days of the felony conviction of all of the following information:

(A) The date of conviction.

(B) The date of the first known commission of the felony.

(2) The operation of this section is not dependent upon the performance of the notification obligations specified in this subdivision.

(f) The public employer that employs or employed a public employee described in subdivision (b) and that public employee shall each notify the public retirement system in which the public employee is a member of that public employee’s conviction within 90 days of the conviction. The operation of this section is not dependent upon the performance of the notification obligations specified in this subdivision.

(g) A public retirement system may assess a public employer a reasonable amount to reimburse the cost of audit, adjustment, or correction, if it determines that the public employer failed to comply with this section.

(h) If a public employee’s conviction is reversed and that decision is final, the employee shall be entitled to do either of the following:

(1) Recover the forfeited rights and benefits as adjusted for the contributions received pursuant to subdivision (d).

(2) Redeposit those contributions and interest that would have accrued during the forfeiture period, as determined by the system actuary, and then recover the full amount of the forfeited rights and benefits.

(i) The forfeiture of rights and benefits provided in this section, with respect to judges, are in addition to and supplement the forfeitures and other requirements provided in Section 75033.2, 75062, 75526, or 75563. If there is a conflict between this section and Section 75033.2, 75062, 75526, or 75563, the provisions that result in the greatest forfeiture or provide the most stringent procedural requirements to the claim of a judge shall apply.

(j) A public employee first employed by a public employer or first elected or appointed to an office before January 1, 2013, shall be subject to Section 7522.72.

history: (History: Amended by Stats. 2014, Ch. 238, Sec. 4. (AB 2476) Effective January 1, 2015.)

title: 1. GENERAL


kind: section

code: GOV

text:
(a) If a public employee, as defined in subdivision (h) of Section 7522.04, retires while under investigation by a public employer for misconduct arising out of or in the performance of the public employee’s official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, the public employer shall continue the investigation even after the employee retires if the public employer’s investigation indicates that the public employee may have committed a crime.

(b) If the public employer’s investigation indicates that a public employee may have committed a crime, the public employer shall refer the matter to the appropriate law enforcement agency and the public employer may then close the investigation. If the public employee is convicted of a felony for any conduct described in subdivision (a), the public employee shall forfeit all accrued rights and benefits in any public retirement system in which the employee is a member in accordance with Section 7522.70, 7522.72, or 7522.74, as applicable, effective on the date of the conviction.

history: (History: Added by Stats. 2025, Ch. 388, Sec. 1. (AB 1067) Effective January 1, 2026.)

division: 7. MISCELLANEOUS

title: 1. GENERAL

chapter: 21. Public Pension and Retirement Plans

path: 1. GENERAL > 7. MISCELLANEOUS > 21. Public Pension and Retirement Plans > 4. California Public Employees’ Pension Reform Act of 2013


citation: GOV § 7525

text: The letterhead or other prominent location on official stationery of each state agency, and county, city, including, but not limited to, a chartered city, and each school district, municipal corporation, district, political subdivision, and board, commission, and agency thereof, and every other local public agency, used in communication with the public, shall include the telephone number of such entity. The telephone number may be typed or handwritten on the letterhead or other prominent location.

history: (History: Added by Stats. 1976, Ch. 1079.)

title: 1. GENERAL

chapter: 22. Letters and Correspondence

path: 1. GENERAL > 7. MISCELLANEOUS > 22. Letters and Correspondence


citation: GOV § 7526

text: In addition to the requirements of Section 7525, the letterhead or other prominent location on official stationery of each state agency, and county, city, including, but not limited to, a chartered city, and each school district, municipal corporation, district, political subdivision, and board, commission, and agency thereof, and every other local public agency, used in communication with the public shall include, in addition to the telephone number of the agency, the address and telephone number, if different from the telephone number of the agency otherwise required to appear thereon, to which inquiry regarding the subject matter of the specific communication may be made. The address and telephone number may be typed or handwritten on the letterhead or other prominent location.

history: (History: Added by renumbering Section 7801 by Stats. 1977, Ch. 579.)

title: 1. GENERAL


citation: GOV § 7527

text: Every letter to any person from a state agency shall be signed by, or contain the name of, the writer, authorized representative, or contact person familiar with the subject area. In the case of computer-generated letters, a telephone number and an address where a person familiar with the subject area may be contacted shall be given.

history: (History: Added by Stats. 1983, Ch. 511, Sec. 1.)

title: 1. GENERAL


citation: GOV § 7530

text:
All public agencies, public entities, districts, cities, counties, and cities and counties shall, when being identified by such entity for any purpose, be identified as a public agency, public entity, district, city, county, or city and county, whichever is appropriate.

The requirements of this section shall be deemed satisfied if the words “state,” “public agency,” “public entity,” “district,” “city,” “county,” or “city and county,” whichever is appropriate, appears on all letterhead stationery of such public agency, public entity, district, city, county, or city and county, and on all identification cards used to identify a representative of a public agency, public entity, district, city, county, or city and county; provided, that this chapter is not intended to require the reprinting of letterhead stationery or identification cards and any public agency, public entity, district, city, county, or city and county shall have one year from the effective date of this chapter to use up old letterhead stationery and identification cards. The use by a school district of the name “____ City Schools” shall satisfy the requirements of this section.

Notwithstanding any other provision of law, a written application for leave to present a claim pursuant to Section 911.4 shall be granted when it can be shown that the claimant acted with reasonable diligence in pursuing the claim and reasonably believed that the responsible entity was not a public agency by reason of its representations.

history: (History: Amended by Stats. 1980, Ch. 1059. Effective September 26, 1980.)

title: 1. GENERAL

chapter: 23. Public Agency Name Reform

path: 1. GENERAL > 7. MISCELLANEOUS > 23. Public Agency Name Reform


citation: GOV § 7550

text:
(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report.

(b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.

history: (History: Amended by Stats. 2002, Ch. 370, Sec. 1. Effective January 1, 2003.)

title: 1. GENERAL

chapter: 24. Documents and Written Reports

path: 1. GENERAL > 7. MISCELLANEOUS > 24. Documents and Written Reports


text: In an effort to reduce the cost of preparing state reports, a state agency shall, when preparing a report, consider cost reduction options, including, but not limited to, using unnecessary and expensive color graphics, color photographs, bindings, and paper.

history: (History: Added by Stats. 2002, Ch. 370, Sec. 2. Effective January 1, 2003.)

title: 1. GENERAL


text: Notwithstanding any other provision of law, until June 30, 1995, no local educational agency shall be required to prepare or to submit any written report pursuant to Chapter 1.2 (commencing with Section 628) of Title 15 of Part 1 of the Penal Code.

history: (History: Added by Stats. 1994, Ch. 153, Sec. 13. Effective July 11, 1994.)

title: 1. GENERAL


citation: GOV § 7551

text: The Department of General Services shall cause to be designed a series of commemorative gold medallions in not less than 1 troy ounce, 0.5 troy ounce, 0.25 troy ounce, and 0.1 troy ounce sizes of .999 fine gold. As used in this chapter, a “medallion” shall also be known, and may be referred to, as a “gold piece.”

history: (History: Amended by Stats. 1988, Ch. 478, Sec. 1.)

title: 1. GENERAL

path: 1. GENERAL > 7. MISCELLANEOUS > 25. Commemorative “California Gold” Medallions


citation: GOV § 7552

text:
Each medallion shall bear:

(a) On one side, the Great Seal of the State of California.

(b) On the reverse side; (1) across the top, the term “California Gold;” (2) in the center, any emblem of the State of California; (3) on the lower middle right side, the date; (4) on the lower middle left side, the mint mark of the certified registered mint with which the Department of General Services has contracted; (5) on the bottom left side, the size of the medallion; (6) along the bottom right side, the term “.999 fine;” and (7) along the entire outer edge, thirty-one (31) small stars.

The medallion shall have reeded or serrated edges with not less than 10 per quarter inch.

The medallions shall not be in similitude in design or size, to include diameter and thickness, to any United States or foreign coin.

The mint with which the Department of General Services has contracted shall not begin production of a new design without the approval of the Department of General Services. Any request for approval of a new design which has not been approved or rejected by the department within 14 calendar days after its receipt of the request shall be deemed approved.

history: (History: Amended by Stats. 1987, Ch. 647, Sec. 1.)

title: 1. GENERAL

chapter: 25. Commemorative “California Gold” Medallions


citation: GOV § 7553

text: Upon the showing of sufficient interest by gold producers, the department shall contract with a registered, certified mint for the minting of gold medallions in an amount and in such sizes as deemed appropriate. Gold producers shall provide all gold bullion necessary for minting and shall deliver it to the mint for processing. They shall pay in advance to the department a fee sufficient to cover all minting and handling costs; royalty fees for the use of the seal; and reimbursement costs to the department for designing the medallions.

history: (History: Amended by Stats. 1983, Ch. 583, Sec. 2.)

title: 1. GENERAL


citation: GOV § 7554

text:
The Department of General Services shall, for the use of the Great Seal of the State of California, charge the following royalties:

(a) For each medallion in the 1 troy ounce size, four dollars ($4).

(b) For each medallion in the 0.5 troy ounce size, two dollars ($2).

(c) For each medallion in the 0.25 troy ounce size, one dollar ($1).

(d) For each medallion in the 0.1 troy ounce size, fifty cents ($0.50).

history: (History: Amended by Stats. 1986, Ch. 157, Sec. 2. Effective June 16, 1986.)

title: 1. GENERAL


citation: GOV § 7555

text: After minting, the medallions shall be returned to the producers who, notwithstanding Section 402, shall have sole responsibility for distribution, marketing, and sales.

history: (History: Added by Stats. 1982, Ch. 826, Sec. 1. Effective September 10, 1982.)

title: 1. GENERAL


citation: GOV § 7556

text: Only registered, certified mints which have contracted with the department may produce the medallions, as ordered pursuant to the provisions of this chapter. Any other production of the medallions is unlawful and punishable as a misdemeanor.

title: 1. GENERAL


citation: GOV § 7560

text: It is the intent of the Legislature to assure receipt of federal funding by the State of California. It is also the intent of the Legislature to assure that if lack of interagency agreement or lack of coordination between state agencies jeopardizes state receipt of federal funds, including, but not limited to, funds available for services to handicapped children, an expeditious process shall exist for resolving such interagency matters.

history: (History: Added by renumbering Section 7540 by Stats. 1981, Ch. 714, Sec. 165.)

title: 1. GENERAL

chapter: 26. Federal Funding

path: 1. GENERAL > 7. MISCELLANEOUS > 26. Federal Funding


citation: GOV § 7561

text: It is further the intent of the Legislature that there shall be a single line of responsibility with regard to the education of all handicapped children as required by Public Law 94-142. The Superintendent of Public Instruction shall be responsible for supervising education and related services for handicapped children specifically required pursuant to the federal requirements under the Education for All Handicapped Children Act of 1975, Public Law 94-142. Nothing in this chapter shall be construed to relieve another state agency from an otherwise valid obligation to provide or pay for services to a handicapped child. Furthermore, nothing in this chapter shall be interpreted so as to allow the Superintendent of Public Instruction to prescribe health care services.

history: (History: Added by renumbering Section 7541 by Stats. 1981, Ch. 714, Sec. 166.)

title: 1. GENERAL


citation: GOV § 7562

text:
If any state agency applies for federal funds to meet a mandatory responsibility under federal or state law and such application is not approved, the state agency shall submit to the Department of Finance, the Office of Planning and Research and the Joint Legislative Budget Committee within 15 calendar days of its receipt of notification of the lack of approval of its application all of the following:

(a) An identification of the federal program for which the application was not approved and the federal administering agency.

(b) An estimate of the amount of funds affected by the lack of approval of the state agency application.

(c) An indication of the reason or reasons the application was not approved.

(d) A description of any issues pertaining to responsibilities or actions of other state or local agencies which have affected the lack of approval.

history: (History: Added by renumbering Section 7542 by Stats. 1981, Ch. 714, Sec. 167.)

title: 1. GENERAL


citation: GOV § 7563

text: The Joint Legislative Budget Committee shall submit to each member of the appropriate legislative policy committees and to each member of the legislative fiscal committees, within 10 calendar days of receipt of notification of a lack of approval of an application for federal funds reported to it pursuant to Section 7542, a summary of the information specified in subdivisions (a) through (d) of Section 7542.

history: (History: Added by renumbering Section 7543 by Stats. 1981, Ch. 714, Sec. 168.)

title: 1. GENERAL


citation: GOV § 7564

text:
Any state agency which has not received federal agency approval of an application for funds as described in Section 7542 shall submit to the Department of Finance, the Office of Planning and Research and the Joint Legislative Budget Committee within 30 calendar days of receipt of notification of such lack of approval a plan that includes, but is not limited to, any of the following:

(a) Fostering expeditious receipt of the affected federal funds.

(b) Resolving any disagreement or lack of coordination among state agencies or among local agencies which has interfered with federal agency approval of the application for federal funds.

history: (History: Added by renumbering Section 7544 by Stats. 1981, Ch. 714, Sec. 169.)

title: 1. GENERAL


citation: GOV § 7570

text: Ensuring maximum utilization of all state and federal resources available to provide a child with a disability, as defined in Section 1401(3) of Title 20 of the United States Code, with a free appropriate public education, the provision of related services, as defined in Section 1401(26) of Title 20 of the United States Code, and designated instruction and services, as defined in Section 56363 of the Education Code, to a child with a disability, shall be the joint responsibility of the Superintendent of Public Instruction and the Secretary of the Health and Human Services Agency. The Superintendent of Public Instruction shall ensure that this chapter is carried out through monitoring and supervision.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 95. Effective January 1, 2008.)

title: 1. GENERAL

path: 1. GENERAL > 7. MISCELLANEOUS > 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities


citation: GOV § 7571

text: The Secretary of the Health and Human Services Agency may designate a department of state government to assume the responsibilities described in Section 7570. The secretary, or his or her designee, also shall designate a single agency in each county to coordinate the service responsibilities described in Section 7572.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 96. Effective January 1, 2008.)

title: 1. GENERAL

chapter: 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities


citation: GOV § 7572

text:
(a) A child shall be assessed in all areas related to the suspected disability by those qualified to make a determination of the child’s need for the service before any action is taken with respect to the provision of related services or designated instruction and services to a child, including, but not limited to, services in the areas of occupational therapy and physical therapy. All assessments required or conducted pursuant to this section shall be governed by the assessment procedures contained in Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code.

(b) Occupational therapy and physical therapy assessments shall be conducted by qualified medical personnel as specified in regulations developed by the State Department of Health Care Services in consultation with the State Department of Education.

(c) A related service or designated instruction and service shall only be added to the child’s individualized education program by the individualized education program team, as described in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, if a formal assessment has been conducted pursuant to this section, and a qualified person conducting the assessment recommended the service in order for the child to benefit from special education. In no case shall the inclusion of necessary related services in a pupil’s individualized education plan be contingent upon identifying the funding source. Nothing in this section shall prevent a parent from obtaining an independent assessment in accordance with subdivision (b) of Section 56329 of the Education Code, which shall be considered by the individualized education program team.

(1) If an assessment has been conducted pursuant to subdivision (b), the recommendation of the person who conducted the assessment shall be reviewed and discussed with the parent and with appropriate members of the individualized education program team prior to the meeting of the individualized education program team. When the proposed recommendation of the person has been discussed with the parent and there is disagreement on the recommendation pertaining to the related service, the parent shall be notified in writing and may require the person who conducted the assessment to attend the individualized education program team meeting to discuss the recommendation. The person who conducted the assessment shall attend the individualized education program team meeting if requested. Following this discussion and review, the recommendation of the person who conducted the assessment shall be the recommendation of the individualized education program team members who are attending on behalf of the local educational agency.

(2) If an independent assessment for the provision of related services or designated instruction and services is submitted to the individualized education program team, review of that assessment shall be conducted by the person specified in subdivision (b). The recommendation of the person who reviewed the independent assessment shall be reviewed and discussed with the parent and with appropriate members of the individualized education program team prior to the meeting of the individualized education program team. The parent shall be notified in writing and may request the person who reviewed the independent assessment to attend the individualized education program team meeting to discuss the recommendation. The person who reviewed the independent assessment shall attend the individualized education program team meeting if requested. Following this review and discussion, the recommendation of the person who reviewed the independent assessment shall be the recommendation of the individualized education program team members who are attending on behalf of the local educational agency.

(3) Any disputes between the parent and team members representing the public agencies regarding a recommendation made in accordance with paragraphs (1) and (2) shall be resolved pursuant to Chapter 5 (commencing with Section 56500) of Part 30 of Division 4 of Title 2 of the Education Code.

(d) Whenever a related service or designated instruction and service specified in subdivision (b) is to be considered for inclusion in the child’s individualized educational program, the local educational agency shall invite the responsible public agency representative to meet with the individualized education program team to determine the need for the service and participate in developing the individualized education program. If the responsible public agency representative cannot meet with the individualized education program team, then the representative shall provide written information concerning the need for the service pursuant to subdivision (c). Conference calls, together with written recommendations, are acceptable forms of participation. If the responsible public agency representative will not be available to participate in the individualized education program team meeting, the local educational agency shall ensure that a qualified substitute is available to explain and interpret the evaluation pursuant to subdivision (d) of Section 56341 of the Education Code. A copy of the information shall be provided by the responsible public agency to the parents or any adult pupil for whom no guardian or conservator has been appointed.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 57. (SB 1171) Effective January 1, 2013.)

title: 1. GENERAL


citation: GOV § 7573

text: The Superintendent of Public Instruction shall ensure that local education agencies provide special education and those related services and designated instruction and services contained in a child’s individualized education program that are necessary for the child to benefit educationally from his or her instructional program. Local education agencies shall be responsible only for the provision of those services which are provided by qualified personnel whose employment standards are covered by the Education Code and implementing regulations.

history: (History: Added by Stats. 1984, Ch. 1747, Sec. 2. Section operative July 1, 1986, pursuant to Section 7588 (later repealed).)

title: 1. GENERAL


citation: GOV § 7575

text:
(a) (1) Notwithstanding any other provision of law, the State Department of Health Care Services, or any designated local agency administering the California Children’s Services, shall be responsible for the provision of medically necessary occupational therapy and physical therapy, as specified by Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, by reason of medical diagnosis and when contained in the child’s individualized education program.

(2) Related services or designated instruction and services not deemed to be medically necessary by the State Department of Health Care Services, that the individualized education program team determines are necessary in order to assist a child to benefit from special education, shall be provided by the local education agency by qualified personnel whose employment standards are covered by the Education Code and implementing regulations.

(b) The department shall determine whether a California Children’s Services eligible pupil, or a pupil with a private medical referral needs medically necessary occupational therapy or physical therapy. A medical referral shall be based on a written report from a licensed physician and surgeon who has examined the pupil. The written report shall include the following:

(1) The diagnosed neuromuscular, musculoskeletal, or physical disabling condition prompting the referral.

(2) The referring physician’s treatment goals and objectives.

(3) The basis for determining the recommended treatment goals and objectives, including how these will ameliorate or improve the pupil’s diagnosed condition.

(4) The relationship of the medical disability to the pupil’s need for special education and related services.

(5) Relevant medical records.

(c) The department shall provide the service directly or by contracting with another public agency, qualified individual, or a state-certified nonpublic nonsectarian school or agency.

(d) Local education agencies shall provide necessary space and equipment for the provision of occupational therapy and physical therapy in the most efficient and effective manner.

(e) The department shall also be responsible for providing the services of a home health aide when the local education agency considers a less restrictive placement from home to school for a pupil for whom both of the following conditions exist:

(1) The California Medical Assistance Program provides a life-supporting medical service via a home health agency during the time in which the pupil would be in school or traveling between school and home.

(2) The medical service provided requires that the pupil receive the personal assistance or attention of a nurse, home health aide, parent or guardian, or some other specially trained adult in order to be effectively delivered.

history: (History: Amended by Stats. 2012, Ch. 28, Sec. 1. (AB 1494) Effective June 27, 2012.)

title: 1. GENERAL


citation: GOV § 7577

text:
(a) The State Department of Rehabilitation and the State Department of Education shall jointly develop assessment procedures for determining client eligibility for State Department of Rehabilitation services for disabled pupils in secondary schools to help them make the transition from high school to work. The assessment procedures shall be distributed to local education agencies.

(b) The State Department of Rehabilitation shall maintain the current level of services to secondary school pupils in project work ability and shall seek ways to augment services with funds that may become available.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 73. Effective September 21, 1992.)

title: 1. GENERAL


citation: GOV § 7578

text: The provision of special education programs and related services for disabled children and youth residing in state hospitals shall be ensured by the State Department of Developmental Services, the State Department of State Hospitals, and the Superintendent of Public Instruction in accordance with Chapter 8 (commencing with Section 56850) of Part 30 of the Education Code.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 8. (AB 1488) Effective September 22, 2012.)

title: 1. GENERAL


citation: GOV § 7579

text:
(a) Prior to placing a disabled child or a child suspected of being disabled in a residential facility, outside the child’s home, a court, regional center for the developmentally disabled, or public agency other than an educational agency, shall notify the administrator of the special education local plan area in which the residential facility is located. The administrator of the special education local plan area shall provide the court or other placing agency with information about the availability of an appropriate public or nonpublic, nonsectarian special education program in the special education local plan area where the residential facility is located.

(b) Notwithstanding Section 56159 of the Education Code, the involvement of the administrator of the special education local plan area in the placement discussion, pursuant to subdivision (a), shall in no way obligate a public education agency to pay for the residential costs and the cost of noneducational services for a child placed in a licensed children’s institution or foster family home.

(c) It is the intent of the Legislature that this section will encourage communication between the courts and other public agencies that engage in referring children to, or placing children in, residential facilities, and representatives of local educational agencies. It is not the intent of this section to hinder the courts or public agencies in their responsibilities for placing disabled children in residential facilities when appropriate.

(d) Any public agency other than an educational agency that places a disabled child or a child suspected of being disabled in a facility out of state without the involvement of the school district, special education local plan area, or county office of education in which the parent or guardian resides, shall assume all financial responsibility for the child’s residential placement, special education program, and related services in the other state unless the other state or its local agencies assume responsibility.

history: (History: Amended by Stats. 2002, Ch. 585, Sec. 3. Effective January 1, 2003.)

title: 1. GENERAL


text:
(a) Prior to the discharge of any disabled child or youth who has an active individualized education program from a public hospital, proprietary hospital, or residential medical facility pursuant to Article 5.5 (commencing with Section 56167) of Chapter 2 of Part 30 of the Education Code, a licensed children’s institution or foster family home pursuant to Article 5 (commencing with Section 56155) of Chapter 2 of Part 30 of the Education Code, or a state hospital or developmental center, the following shall occur:

(1) The operator of the hospital or medical facility, or the agency that placed the child in the licensed children’s institution or foster family home, shall, at least 10 days prior to the discharge of a disabled child or youth, notify in writing the local educational agency in which the special education program for the child is being provided, and the receiving special education local plan area where the child is being transferred, of the impending discharge.

(2) The operator or placing agency, as part of the written notification, shall provide the receiving special education local plan area with a copy of the child’s individualized education program, the identity of the individual responsible for representing the interests of the child for educational and related services for the impending placement, and other relevant information about the child that will be useful in implementing the child’s individualized education program in the receiving special education local plan area.

(b) Once the disabled child or youth has been discharged, it shall be the responsibility of the receiving local educational agency to ensure that the disabled child or youth receives an appropriate educational placement that commences without delay upon his or her discharge from the hospital, institution, facility, or foster family home in accordance with Section 56325 of the Education Code. Responsibility for the provision of special education rests with the school district of residence of the parent or guardian of the child unless the child is placed in another hospital, institution, facility, or foster family home in which case the responsibility of special education rests with the school district in which the child resides pursuant to Sections 56156.4, 56156.6, and 56167 of the Education Code.

(c) Special education local plan area directors shall document instances where the procedures in subdivision (a) are not being adhered to and report these instances to the Superintendent of Public Instruction.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 20. (AB 1847) Effective January 1, 2015.)

title: 1. GENERAL


text: It is the intent of the Legislature that any disabled individual who has an active individualized education program and is being discharged from a state developmental center or state hospital be discharged to the community as close as possible to the home of the individual’s parent, guardian, or conservator in keeping with the individual’s right to receive special education and related services in the least restrictive environment.

history: (History: Added by Stats. 1993, Ch. 939, Sec. 18. Effective October 8, 1993.)

title: 1. GENERAL


text:
(a) In accordance with Section 1415(b)(2)(B) of Title 20 of the United States Code, a local educational agency shall make reasonable efforts to ensure the appointment of a surrogate parent not more than 30 days after there is a determination by the local educational agency that a child needs a surrogate parent. A local educational agency shall appoint a surrogate parent for a child in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations under one or more of the following circumstances:

(1) (A) The child is adjudicated a dependent or ward of the court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code upon referral of the child to the local educational agency for special education and related services, or if the child already has a valid individualized education program, (B) the court specifically has limited the right of the parent or guardian to make educational decisions for the child, and (C) the child has no responsible adult to represent him or her pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055 of the Education Code.

(2) No parent for the child can be identified.

(3) The local educational agency, after reasonable efforts, cannot discover the location of a parent.

(b) When appointing a surrogate parent, the local educational agency, as a first preference, shall select a relative caretaker, foster parent, or court-appointed special advocate, if any of these individuals exists and is willing and able to serve. If none of these individuals is willing or able to act as a surrogate parent, the local educational agency shall select the surrogate parent of its choice. If the child is moved from the home of the relative caretaker or foster parent who has been appointed as a surrogate parent, the local educational agency shall appoint another surrogate parent if a new appointment is necessary to ensure adequate representation of the child.

(c) For purposes of this section, the surrogate parent shall serve as the child’s parent and shall have the rights relative to the child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 of Title 34 (commencing with Section 300.1) of the Code of Federal Regulations. The surrogate parent may represent the child in matters relating to special education and related services, including the identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter.

(d) The surrogate parent is required to meet with the child at least one time. He or she may also meet with the child on additional occasions, attend the child’s individualized education program team meetings, review the child’s educational records, consult with persons involved in the child’s education, and sign any consent relating to individualized education program purposes.

(e) As far as practical, a surrogate parent should be culturally sensitive to his or her assigned child.

(f) The surrogate parent shall comply with federal and state law pertaining to the confidentiality of student records and information and shall use discretion in the necessary sharing of the information with appropriate persons for the purpose of furthering the interests of the child.

(g) The surrogate parent may resign from his or her appointment only after he or she gives notice to the local educational agency.

(h) The local educational agency shall terminate the appointment of a surrogate parent if (1) the person is not properly performing the duties of a surrogate parent or (2) the person has an interest that conflicts with the interests of the child entrusted to his or her care.

(i) Individuals who would have a conflict of interest in representing the child, as specified in Section 300.519(d) of Title 34 of the Code of Federal Regulations, shall not be appointed as a surrogate parent. “An individual who would have a conflict of interest,” for purposes of this section, means a person having any interests that might restrict or bias his or her ability to advocate for all of the services required to ensure that the child has a free appropriate public education.

(j) Except for individuals who have a conflict of interest in representing the child, and notwithstanding any other law or regulation, individuals who may serve as surrogate parents include, but are not limited to, foster care providers, retired teachers, social workers, and probation officers who are not employees of the State Department of Education, the local educational agency, or any other agency that is involved in the education or care of the child.

(1) A public agency authorized to appoint a surrogate parent under this section may select a person who is an employee of a nonpublic agency that only provides noneducational care for the child and who meets the other standards of this section.

(2) A person who otherwise qualifies to be a surrogate parent under this section is not an employee of the local educational agency solely because he or she is paid by the local educational agency to serve as a surrogate parent.

(k) The surrogate parent may represent the child until (1) the child is no longer in need of special education, (2) the minor reaches 18 years of age, unless the child chooses not to make educational decisions for himself or herself, or is deemed by a court to be incompetent, (3) another responsible adult is appointed to make educational decisions for the minor, or (4) the right of the parent or guardian to make educational decisions for the minor is fully restored.

(l) The surrogate parent and the local educational agency appointing the surrogate parent shall be held harmless by the State of California when acting in their official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious.

(m) The State Department of Education shall develop a model surrogate parent training module and manual that shall be made available to local educational agencies.

(n) Nothing in this section may be interpreted to prevent a parent or guardian of an individual with exceptional needs from designating another adult individual to represent the interests of the child for educational and related services.

(o) If funding for implementation of this section is provided, it may only be provided from Item 6110-161-0890 of Section 2.00 of the annual Budget Act.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 99. Effective January 1, 2008.)

title: 1. GENERAL


text:
(a) In accordance with Section 1415(b)(2)(A) of Title 20 of the United States Code, in the case of a child who is a ward of the state, the surrogate parent described in Section 7579.5 may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of Section 7579.5.

(b) In the case of an unaccompanied homeless youth as defined in Section 725(6) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)), the local educational agency shall appoint a surrogate parent in accordance with Section 7579.5 and Section 300.519(f) of Title 34 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 100. Effective January 1, 2008.)

title: 1. GENERAL


citation: GOV § 7580

text: Prior to licensing a community care facility, as defined in Section 1502 of the Health and Safety Code, in which a disabled child or youth may be placed, or prior to a modification of a community care facility’s license to permit expansion of the facility, the State Department of Social Services shall consult with the administrator of the special education local plan area in order to consider the impact of licensure upon local education agencies.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 77. Effective September 21, 1992.)

title: 1. GENERAL


citation: GOV § 7581

text: The residential and noneducational costs of a child placed in a medical or residential facility by a public agency, other than a local education agency, or independently placed in a facility by the parent of the child, shall not be the responsibility of the state or local education agency, but shall be the responsibility of the placing agency or parent.

title: 1. GENERAL


citation: GOV § 7582

text: Assessments and therapy treatment services provided under programs of the State Department of Health Care Services, or its designated local agencies, rendered to a child referred by a local education agency for an assessment or a disabled child or youth with an individualized education program, shall be exempt from financial eligibility standards and family repayment requirements for these services when rendered pursuant to this chapter.

history: (History: Added by Stats. 2012, Ch. 28, Sec. 2. (AB 1494) Effective June 27, 2012. Note: A previous Section 7582 was repealed by Stats. 2012, Ch. 23, effective June 27, 2012.)

title: 1. GENERAL


citation: GOV § 7584

text: As used in this chapter, “disabled youth,” “child,” or “pupil” means individuals with exceptional needs as defined in Section 56026 of the Education Code.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 79. Effective September 21, 1992.)

title: 1. GENERAL


citation: GOV § 7585

text:
(a) Whenever a department or local agency designated by that department fails to provide a related service or designated instruction and service required pursuant to Section 7575, and specified in the pupil’s individualized education program, the parent, adult pupil, if applicable, or a local educational agency referred to in this chapter, shall submit a written notification of the failure to provide the service to the Superintendent of Public Instruction or the Secretary of California Health and Human Services.

(b) When either the Superintendent or the secretary receives a written notification of the failure to provide a service as specified in subdivision (a), a copy shall immediately be transmitted to the other party. The Superintendent, or his or her designee, and the secretary, or his or her designee, shall meet to resolve the issue within 15 calendar days of receipt of the notification. A written copy of the meeting resolution shall be mailed to the parent, the local educational agency, and affected departments, within 10 days of the meeting.

(c) If the issue cannot be resolved within 15 calendar days to the satisfaction of the Superintendent and the secretary, they shall jointly submit the issue in writing to the Director of the Office of Administrative Hearings, or his or her designee, in the Department of General Services.

(d) The Director of the Office of Administrative Hearings, or his or her designee, shall review the issue and submit his or her findings in the case to the Superintendent and the secretary within 30 calendar days of receipt of the case. The decision of the director, or his or her designee, shall be binding on the departments and their designated agencies who are parties to the dispute.

(e) If the meeting, conducted pursuant to subdivision (b), fails to resolve the issue to the satisfaction of the parent or local educational agency, either party may appeal to the director, whose decision shall be the final administrative determination and binding on all parties.

(f) Whenever notification is filed pursuant to subdivision (a), the pupil affected by the dispute shall be provided with the appropriate related service or designated instruction and service pending resolution of the dispute, if the pupil had been receiving the service. The Superintendent and the secretary shall ensure that funds are available for the provision of the service pending resolution of the issue pursuant to subdivision (e).

(g) This section does not prevent a parent or adult pupil from filing for a due process hearing under Section 7586.

(h) The contract between the State Department of Education and the Office of Administrative Hearings for conducting due process hearings shall include payment for services rendered by the Office of Administrative Hearings which are required by this section.

history: (History: Amended by Stats. 2011, Ch. 43, Sec. 40. (AB 114) Effective June 30, 2011.)

title: 1. GENERAL


citation: GOV § 7586

text:
(a) All state departments, and their designated local agencies, shall be governed by the procedural safeguards required in Section 1415 of Title 20 of the United States Code. A due process hearing arising over a related service or designated instruction and service shall be filed with the Superintendent of Public Instruction. Resolution of all issues shall be through the due process hearing process established in Chapter 5 (commencing with Section 56500) of Part 30 of Division 4 of the Education Code. The decision issued in the due process hearing shall be binding on the department having responsibility for the services in issue as prescribed by this chapter.

(b) Upon receipt of a request for a due process hearing involving an agency other than an educational agency, the Superintendent of Public Instruction shall immediately notify the state and local agencies involved by sending a copy of the request to the agencies.

(c) All hearing requests that involve multiple services that are the responsibility of more than one state department shall give rise to one hearing with all responsible state or local agencies joined as parties.

(d) No public agency, state or local, may request a due process hearing pursuant to Section 56501 of the Education Code against another public agency.

title: 1. GENERAL


citation: GOV § 7587

text: By January 1, 1986, each state department named in this chapter shall develop regulations, as necessary, for the department or designated local agency to implement this act. All regulations shall be reviewed by the Superintendent of Public Instruction prior to filing with the Office of Administrative Law, in order to ensure consistency with federal and state laws and regulations governing the education of disabled children. The directors of each department shall adopt all regulations pursuant to this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. For the purpose of the Administrative Procedure Act, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. These regulations shall not be subject to the review and approval of the Office of Administrative Law and shall not be subject to automatic repeal until the final regulations take effect on or before June 30, 1997, and the final regulations shall become effective immediately upon filing with the Secretary of State. Regulations adopted pursuant to this section shall be developed with the maximum feasible opportunity for public participation and comments.

history: (History: Amended by Stats. 1996, Ch. 654, Sec. 4. Effective January 1, 1997.)

title: 1. GENERAL


citation: GOV § 7591

text:
(a) The amount of fifteen million dollars ($15,000,000) is appropriated, subject to subdivision (b), from the General Fund to the Trade and Commerce Agency for a loan for allocation over three years in three equal amounts to that nonprofit organization currently named the San Diego National Sports Training Foundation, for purposes of developing and constructing, with the participation and advice of the United States Olympic Committee, a California Olympic Training Center.

(b) The loan allocations provided for by this section shall be made no earlier than December 31, of 1990, 1991, and 1992, and shall be made only if the San Diego National Sports Training Foundation is able and willing by each of those dates to provide the sum of five million dollars ($5,000,000), for purposes of developing and constructing, with the participation and advice of the United States Olympic Committee, a California Olympic Training Center.

(c) Notwithstanding any other provision of law, any outstanding loan balance and any accrued interest that exist on the operative date of the act adding this subdivision shall not be required to be repaid.

history: (History: Amended by Stats. 2010, Ch. 719, Sec. 25. (SB 856) Effective October 19, 2010.)

title: 1. GENERAL

chapter: 28. Olympic Training Center

path: 1. GENERAL > 7. MISCELLANEOUS > 28. Olympic Training Center


text: The Secretary of Trade and Commerce shall remove any lien placed in connection with a loan authorized pursuant to Section 7591 by January 1, 1999. In requiring the removal of the lien placed on property owned by the United States Olympic Committee, the Legislature does not intend to relieve the San Diego National Sports Training Foundation from its obligation to repay the loan made pursuant to Section 7591.

history: (History: Added by Stats. 1998, Ch. 328, Sec. 11. Effective August 21, 1998.)

title: 1. GENERAL


citation: GOV § 7592

text: There is in the General Fund the California Olympic Training Account. The account shall consist of those revenues derived from the additional vehicle registration fees provided for in Section 5023 of the Vehicle Code and shall be annually transferred to the General Fund by the Controller.

history: (History: Amended by Stats. 2010, Ch. 719, Sec. 26. (SB 856) Effective October 19, 2010.)

title: 1. GENERAL


citation: GOV § 7593

text: The Legislature finds and declares that the federal Selective Service System registration program is considered to be in the national interest because it helps to ensure necessary readiness for mobilization in the event of any future national emergency.

history: (History: Added by Stats. 1989, Ch. 496, Sec. 1.)

title: 1. GENERAL

chapter: 29. Selective Service Cooperation

path: 1. GENERAL > 7. MISCELLANEOUS > 29. Selective Service Cooperation


text:
All state agencies shall cooperate with the United States Selective Service System in efforts to publicize the necessity of, and requirements for, compliance with the federal military Selective Service Act (50 U.S.C. Sec. 451 et seq.).

Any actions to implement this chapter shall be mutually agreed to by the state agency and the United States Selective Service System prior to implementation of this chapter. Any costs incurred by a state agency in implementing this chapter shall be reimbursed by the United States Selective Service System.

title: 1. GENERAL


text:
(a) October 15, 2013, and every October 15 thereafter, is hereby designated as Pacific Leatherback Sea Turtle Conservation Day.

(b) The Legislature encourages California public schools to include Pacific leatherback sea turtles in their teaching lessons and curriculum whenever possible.

(c) The Legislature encourages state and federal agencies, nongovernmental agencies, fishers, coastal tour operators, and other interested stakeholders to establish and participate in a statewide, voluntary Pacific leatherback sea turtle watch to record sightings of the Pacific leatherback sea turtle in California and West Coast waters.

(d) The Legislature encourages state and federal agencies to build cooperative relationships with the Western Pacific island nations where Pacific leatherback sea turtles return to nest in order to increase awareness and conservation of this critically endangered species.

(e) The Legislature urges state and federal agencies to take proactive conservation measures and prevent further threats to Pacific leatherback sea turtles and their habitats.

history: (History: Added by Stats. 2012, Ch. 591, Sec. 3. (AB 1776) Effective January 1, 2013.)

title: 1. GENERAL

chapter: 29.5. Pacific Leatherback Sea Turtle

path: 1. GENERAL > 7. MISCELLANEOUS > 29.5. Pacific Leatherback Sea Turtle


citation: GOV § 7594

text: The last week of August commencing in 1991, is hereby designated as California’s Salute to Youth Achievement Week. The purpose of California’s Salute to Youth Achievement Week shall be to salute those youths who have made outstanding contributions to their cities and communities. The Governor and Legislature shall annually issue such proclamations and resolutions as they may deem appropriate drawing public attention to this week, and encouraging the private sector and state and local agencies to initiate activities and events to salute those youths who have made outstanding contributions to their cities and communities.

history: (History: Added by Stats. 1990, Ch. 397, Sec. 1.)

title: 1. GENERAL

chapter: 30. Youth Achievement

path: 1. GENERAL > 7. MISCELLANEOUS > 30. Youth Achievement


text: The first week in January, commencing in 1995, is hereby designated as Braille Literacy Week. The purpose of California’s Braille Literacy Week shall be to heighten citizen awareness of the great importance of braille and the great need to continue to provide braille reading materials for blind and visually impaired persons. The Governor and the Legislature shall annually issue proclamations and resolutions as they deem appropriate drawing public attention to this week in order to encourage the private sector and state and local agencies to initiate activities recognizing blind and visually impaired persons.

history: (History: Added by Stats. 1994, Ch. 104, Sec. 1. Effective January 1, 1995.)

title: 1. GENERAL

chapter: 30.5. Braille Week

path: 1. GENERAL > 7. MISCELLANEOUS > 30.5. Braille Week


citation: GOV § 7595

text: All state agencies which provide over-the-counter information and services directly to the public shall provide those services during the customary lunch hours of 11:30 a.m. to 1:30 p.m. on those days that the offices are open to the public. This section shall not apply to any state office which has three or less full-time employees who are not peace officers at an office on any single day.

history: (History: Added by Stats. 1990, Ch. 1506, Sec. 1.)

title: 1. GENERAL

chapter: 31. Public Offices Hours

path: 1. GENERAL > 7. MISCELLANEOUS > 31. Public Offices Hours


citation: GOV § 7596

text:
As used in this chapter, the following terms have the following meanings:

(a) “Public building” means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district.

(1) “Inside a public building” includes all indoor areas of the building, except for covered parking lots and residential space. “Inside a public building” also includes any indoor space leased to the state, county, or city, except for covered parking lots and residential space.

(2) “Residential space” means a private living area, but it does not include common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multicomplex building such as a dormitory.

(3) (A) “Covered parking lot” means an area designated for the parking of vehicles that is enclosed or contains a roof or ceiling. “Covered parking lot” does not include lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the parking lot or a building to which it is attached.

(B) The application of this subparagraph shall not supersede or render inapplicable permitted smoking of tobacco products under this chapter within any other part of a covered parking lot not specifically listed in subparagraph (1).

(b) “State” or “state agency” means a state agency, as defined pursuant to Section 11000, the Legislature, the Supreme Court and the courts of appeal, and each campus of the California State University and the University of California.

(c) “Public employee” means an employee of a state agency or an employee of a county or city.

history: (History: Amended by Stats. 2006, Ch. 736, Sec. 1. Effective January 1, 2007.)

title: 1. GENERAL

chapter: 32. Smoking in Public Buildings

path: 1. GENERAL > 7. MISCELLANEOUS > 32. Smoking in Public Buildings


citation: GOV § 7597

text:
(a) No public employee or member of the public shall smoke a tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.

(b) This section shall not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.

(c) For purposes of this section, “smoke” and “smoking” have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

history: (History: Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 10. (SB 5 2x) Effective June 9, 2016.)

title: 1. GENERAL


text:
(a) The governing bodies of the California State University, the University of California, and each community college district have the authority to:

(1) Set enforcement standards for their local campuses.

(2) Impose a fine for a first, second, and third offense and for each subsequent offense. The amount of fines is to be determined by the local governing body. Funds shall be allocated to include, but not be limited to, the designated enforcement agency, education and promotion of the policy, and tobacco cessation treatment options. The civil penalty shall not exceed one hundred dollars ($100).

(b) If a campus adopts the enforcement and fine measures in subdivision (a), it shall, and the campuses of the University of California may, post signs stating their tobacco use policy on campus, as follows:

(1) The locations at which smoking or tobacco use is prohibited on campus.

(2) The locations at which smoking or tobacco use is permitted on campus.

(c) If a campus adopts the enforcement and fine measure in subdivision (a), it shall, and a campus of the University of California may, inform employees and students of the tobacco use policy and enforcement measures employed on their campus.

history: (History: Added by Stats. 2011, Ch. 617, Sec. 1. (AB 795) Effective January 1, 2012.)

title: 1. GENERAL


citation: GOV § 7598

text: Except as provided in Section 7597, a public employee or other person may smoke in any outdoor area of a public building unless otherwise prohibited by state law or local ordinance and a sign describing the prohibition is posted by the state, county, or city agency or other appropriate entity.

history: (History: Added by Stats. 2003, Ch. 342, Sec. 1. Effective January 1, 2004.)

title: 1. GENERAL


text:
(a) For the purposes of this section, the following definitions shall apply:

(1) “Electronically stored information” means data that is created, altered, communicated, and stored in digital form.

(2) “Metadata” means data bearing the record of and not the content of communication, including, but not limited to, the time, date, location, duration, origin, or subject of the communication, and the identity of the person, persons, group, or entity sending or receiving the message.

(b) The state shall not provide material support, participation, or assistance in response to a request from a federal agency or an employee of a federal agency to collect the electronically stored information or metadata of any person if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection of electronically stored information or metadata.

history: (History: Added by renumbering Section 7599 (as added by Stats. 2014, Ch. 861, Sec. 1) by Stats. 2023, Ch. 311, Sec. 1. (SB 883) Effective January 1, 2024.)

title: 1. GENERAL

chapter: 32.5. The 4th Amendment Protection Act

path: 1. GENERAL > 7. MISCELLANEOUS > 32.5. The 4th Amendment Protection Act


citation: GOV § 7599

text:
(a) A fund to be known as the “Safe Neighborhoods and Schools Fund” is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal year for carrying out the purposes of this chapter.

(b) For purposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered General Fund revenues which may be appropriated pursuant to Article XIIIB.

history: (History: Added November 4, 2014, by initiative Proposition 47, Sec. 4.)

title: 1. GENERAL

path: 1. GENERAL > 7. MISCELLANEOUS > 33. Creation of Safe Neighborhoods and Schools Fund


text:
Funding Appropriation.

(a) On or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings that accrued to the state from the implementation of the act adding this chapter (“this act”) during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this act. In making the calculation required by this subdivision, the Director of Finance shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year.

(b) Before August 15, 2016, and before August 15 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a).

(c) Moneys in the Safe Neighborhoods and Schools Fund shall be continuously appropriated for the purposes of this act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year.

title: 1. GENERAL

chapter: 33. Creation of Safe Neighborhoods and Schools Fund


text:
Distribution of Moneys from the Safe Neighborhoods and Schools Fund.

(a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse moneys deposited in the Safe Neighborhoods and Schools Fund as follows:

(1) Twenty‑five percent to the State Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime.

(2) Ten percent to the California Victim Compensation Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Section 13963.1 of the Government Code.

(3) Sixty‑five percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems.

(b) For each program set forth in paragraphs (1) to (3), inclusive, of subdivision (a), the agency responsible for administering the programs shall not spend more than 5 percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs.

(c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) to (3), inclusive, of subdivision (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public.

(d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by Section 7599.1 and the audit required by subdivision (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subdivision (a).

(e) The funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades 1 to 12, inclusive, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal justice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes.

(f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 62. (SB 836) Effective June 27, 2016. Note: This section was added on Nov. 4, 2014, by initiative Prop. 47.)

title: 1. GENERAL


text:
(a) A Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa may be established. The geography of the zone shall extend to the territories of the cities listed in subdivision (c) and the unincorporated areas of the County of Contra Costa north of State Highway 4. The board of directors may, by majority vote, change the geography of the Green Empowerment Zone.

(b) The purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector.

(c) The Green Empowerment Zone may include all of the following cities and the county upon the adoption of a resolution by the legislative body of each city and county that states the intent of the city or county to participate in the Green Empowerment Zone:

(1) The City of Antioch.

(2) The City of Benicia.

(3) The City of Brentwood.

(4) The City of Concord.

(5) The City of El Cerrito.

(6) The City of Hercules.

(7) The City of Martinez.

(8) The City of Oakley.

(9) The City of Pinole.

(10) The City of Pittsburg.

(11) The City of Richmond.

(12) The City of San Pablo.

(13) The City of Vallejo.

(14) The County of Contra Costa.

(d) The board of directors may vote to include additional jurisdictions in the membership of the Green Empowerment Zone.

(e) (1) The legislative body of a city or county listed in subdivision (c) may remove the land within its jurisdiction from the empowerment zone by adopting a resolution stating that it no longer wishes to participate.

(2) The resolution ending participation in the empowerment zone shall identify a final date for inclusion in the empowerment zone, which shall be no later than 60 days from the adoption of the resolution.

(3) Any benefits or incentives awarded before the adoption of a resolution removing the jurisdiction from the empowerment zone shall continue under the same terms and conditions as would have been applied if the jurisdiction were still in the empowerment zone for not fewer than two years.

history: (History: Amended by Stats. 2025, Ch. 213, Sec. 1. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)

title: 1. GENERAL

path: 1. GENERAL > 7. MISCELLANEOUS > 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa


text:
(a) The Green Empowerment Zone shall be governed by a board of directors composed of representatives from eight stakeholder groups who shall serve as voting directors and who shall participate in meetings and serve as liaisons with their appointing entities and related organizations, as follows:

(1) Fourteen local government directors, one from each of the cities and the county set forth in subdivision (c) of Section 7599.100 that have adopted a resolution expressing its intent to participate in the Green Empowerment Zone. Each city and county shall select one representative.

(2) (A) Five employer directors that represent large private employers in the fields of energy or manufacturing within the area of the Green Empowerment Zone or vested in the success of the Green Empowerment Zone, who are selected by the board.

(B) Employer size shall be based on data from the local workforce board and the boundaries of the empowerment zone at the time the director is selected.

(3) (A) Three state and regional directors, one from each of the following state or regional boards, commissions, or entities:

(i) The California Transportation Commission.

(ii) The California Workforce Development Board or a regional workforce development entity, as selected by the board of directors of the Green Empowerment Zone, that serves the Green Empowerment Zone.

(iii) The California Energy Commission.

(B) Each board, commission, or entity shall select a representative to the Green Empowerment Zone.

(4) Five small business and economic development directors who shall represent existing economic and business development organizations that serve the cities or the county listed in subdivision (c) of Section 7599.100. These small business and economic development representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board.

(5) Three directors from universities, laboratories, foundations, or nonprofit entities with specialized expertise and knowledge of green energy. These university, laboratory, foundation, and nonprofit representatives shall be selected by the board.

(6) Five directors representing the largest private sector organized labor organizations whose membership works in the cities and the county listed in subdivision (c) of Section 7599.100. Each union shall select its own representative to the Green Empowerment Zone board.

(7) Five directors representing workforce development and public and private educational entities that serve cities or the county listed in subdivision (c) of Section 7599.100, at least one of whom shall be a representative from the California State University and at least one of whom shall be a representative from the California Community Colleges. These workforce development and education representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board.

(8) Seven directors who live or work in the Green Empowerment Zone representing environmental or environmental justice organizations or interests, who shall be selected by the board.

(b) Confirmation of a nominee for membership on the board of directors shall be by majority vote of the sitting members of the board.

(c) Each member of the board shall have an alternate appointed by their appointing entity.

(d) All stakeholder group representatives on the board of directors shall serve a two-year term and may be reappointed by their appointing body for up to three additional terms.

(e) (1) No representative for a public stakeholder entity shall retain their seat on the board of directors after ceasing to hold the position that qualifies them to be an eligible representative for the board.

(2) (A) The board member’s eligibility from a private entity shall be determined by the board in consultation with the appointing entity if there is one.

(B) The board shall have an approved policy for making the determination before taking any action to determine the eligibility of a board member pursuant to this subparagraph.

(f) A vacancy on the board shall be filled for the unexpired term by the selection and appointment process used to appoint the director whose position has become vacant.

(g) (1) A director who fails to attend at least 50 percent of the board meetings in any 12-month period is subject to removal from the board.

(2) The board shall have an approved policy for making the determination before taking any action to determine the eligibility of a board member pursuant to this paragraph.

(h) Every Member of the Legislature and of the United States Congress that represents a city listed in subdivision (c) of Section 7599.100, or their appointed representative, shall be an ex officio voting member of the board of directors.

(i) A board chair and two deputy chairs shall be selected by a majority vote of the board. The chair and deputy chairs shall serve two-year terms and may be re-selected by a majority vote of the board for up to three additional terms. The chair and deputy chairs shall be chosen from among the following:

(1) One member shall be a Member of the Legislature who represents one or more of the cities or the county listed in subdivision (c) of Section 7599.100.

(2) One member shall be a representative from a local agency in a city or county listed in subdivision (c) of Section 7599.100.

(3) One member shall be a representative whose residence and place of employment is within one or more of the cities or the county listed in subdivision (c) of Section 7599.100.

(j) (1) The board shall meet at least four times per year.

(2) Additional meetings may be called at the discretion of the chair or of a majority of the executive committee.

(k) The members of the board of directors shall serve without compensation.

(l) The board shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

(m) A member of the board of directors, including the chair, shall, upon identifying a conflict of interest, or a potential conflict of interest, regarding a matter before the board of directors of the Green Empowerment Zone, immediately and before consideration of the matter, do all of the following:

(1) Provide written notice to the chair regarding the interest that gives rise to the conflict of interest or potential conflict of interest. In the case of the chair, written notice shall be given to one of the deputy chairs.

(2) Recuse themselves from discussing or voting on the matter.

(3) Leave the meeting room until after discussion, vote, and any other consideration of disposition of the matter is concluded.

(n) A member of the board of directors shall not use the name of the Green Empowerment Zone on any letterhead, business code, or identification badge unless the person has been authorized to do so by the board of directors.

history: (History: Amended by Stats. 2025, Ch. 213, Sec. 2. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)

title: 1. GENERAL

chapter: 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa


text:
The Green Empowerment Zone shall have the following duties:

(a) Identification of projects and programs that will best utilize public dollars and most quickly improve the economic vitality of the Northern Waterfront area of the County of Contra Costa, especially those that leverage federal, state, local, and private sector resources in a coordinated effort to support the development of the clean energy economy.

(b) Work with members of the state’s congressional delegation and federal official, including any relevant federal interagency task force, to gain federal support for projects identified by the zone as critical to the region‘s energy economy.

(c) Partner with the University of California, the California State University, community colleges, and the state’s other research and educational institutions, as well as private foundations, to provide guidance, advice, and encouragement in support of studies of particular interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa.

(d) Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse geographic regions, including the Northern Waterfront area of the County of Contra Costa, and determine whether alternative approaches can accomplish goals in less costly ways.

(e) Make recommendations to the Governor that would improve the economic well-being of the region and the quality of life of its residents.

(f) Create and maintain an internet website that is managed and updated by an entity designated by the board of directors.

history: (History: Added by Stats. 2021, Ch. 377, Sec. 1. (AB 844) Effective January 1, 2022. Repealed as of January 1, 2040, pursuant to Section 7599.105.)

title: 1. GENERAL


text:
(a) (1) The board shall appoint an executive committee, on or before January 1, 2026, that shall be composed of the chair, deputy chairs, and up to seven members of the board of directors approved by a majority vote.

(2) The committee shall develop metrics that shall be reported to the Legislature and state departments and agencies gauging the progress of the zone that shall include, but not be limited to, all of the following:

(A) The number of jobs gained and lost in each sector of the economy.

(B) The average wage of the jobs gained in each sector of the economy.

(C) The number and types of grants solicited and received by, or on behalf of, the zone.

(D) The type and amount of workforce training conducted in the zone, by whom it was provided, and the amount of capital investment attached to provision of that training.

(b) Commencing on July 1, 2026, and on or before January 1 of each year thereafter, the Green Empowerment Zone shall post the report described in subdivision (a) on its internet website and submit a letter to the Legislature informing the Legislature that the report has been posted.

history: (History: Amended by Stats. 2025, Ch. 213, Sec. 3. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)

title: 1. GENERAL


text:
For the purposes of this chapter, the following definitions apply:

(a) “Board” means the board of directors as described in Section 7599.101.

(b) “Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa,” “Green Empowerment Zone,” “empowerment zone,” or “zone” means a zone authorized and established pursuant to Section 7599.100.

history: (History: Added by Stats. 2025, Ch. 213, Sec. 5. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)

title: 1. GENERAL


text: This chapter shall remain in effect only until January 1, 2040, and as of that date is repealed.

history: (History: Added by renumbering Section 7599.104 by Stats. 2025, Ch. 213, Sec. 4. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, by its own provisions. Note: Repeal affects Chapter 34, commencing with Section 7599.100.)

title: 1. GENERAL


text: This chapter shall be known as the Online Marketplace Suspected Stolen Goods Act.

history: (History: Added by Stats. 2022, Ch. 855, Sec. 1. (AB 1700) Effective January 1, 2023.)

title: 1. GENERAL

path: 1. GENERAL > 7. MISCELLANEOUS > 35. Online Marketplace Suspected Stolen Goods Act


text:
For purposes of this chapter, the following shall apply:

(a) “Online marketplace” means any electronically based or accessed platform that may be accessed on an internet website or through an application, and that does both of the following:

(1) Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the state.

(2) Hosts one or more third-party sellers.

(b) “Regional property crimes task force” means a task force convened pursuant to Chapter 13 (commencing with Section 13899) of Title 6 of Part 4 of the Penal Code.

(c) “Third-party seller” means any individual or business entity, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a product in the state through an online marketplace.

title: 1. GENERAL

chapter: 35. Online Marketplace Suspected Stolen Goods Act


text:
(a) By January 1, 2023, the Attorney General shall establish an online marketplace suspected stolen goods reporting location on its internet website for individuals to report items found on online marketplaces that they suspect are stolen goods.

(b) The Attorney General shall provide information reported in subdivision (a) to the applicable local law enforcement agencies and regional property crimes task force.

title: 1. GENERAL


text:
(a) Beginning February 1, 2023, an online marketplace shall display on its electronically based or accessed platform a link to the online marketplace suspected stolen goods reporting location on the Attorney General’s internet website established in Section 7599.112.

(b) The display shall be clearly, conspicuously, and reasonably designed to be seen by all users of the platform.

title: 1. GENERAL


text:
(a) This chapter shall be known as the Funding for the Homelessness, Drug Addiction, and Theft Reduction Act.

(b) From moneys disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this act from any other source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other funds designated for substance abuse and mental health treatment.

(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi-Cal or Medicare programs or services, including, but not limited to, those described in clauses (iii) to (v), inclusive, of subparagraph (B) of paragraph (16) of subdivision (f) of Section 30025, for the defendant’s programs specified in Section 11395 of the Health and Safety Code. A county or local government may contract directly with the State Department of Health Care Services or any other applicable state agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

history: (History: Added November 5, 2024, by initiative Proposition 36, Sec. 14. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)

title: 1. GENERAL

path: 1. GENERAL > 7. MISCELLANEOUS > 36. Funding for the Homelessness, Drug Addiction, and Theft Reduction Act


citation: GOV § 7600

text:
It is the intent of the Legislature that:

(a) Specified state agencies be authorized to invest marketable securities by entering into security loan agreements;

(b) State agencies charged with such authority exercise prudence in making such agreements;

(c) Sound fiscal management be established with respect to transactions involving security agreements.

history: (History: Added by Stats. 1975, Ch. 1214.)

division: 8. SECURITIES OWNED BY STATE AGENCIES

title: 1. GENERAL

article: 1. General

path: 1. GENERAL > 8. SECURITIES OWNED BY STATE AGENCIES > 1. Investment of Securities Owned by State Agencies > 1. General


citation: GOV § 7601

text:
As used in this chapter:

(a) “Security loan agreement” means a written contract whereby a legal owner (the lender) agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan. The lender may terminate the contract upon not more than five business days’ notice as agreed, and the borrower may terminate the contract upon not less than two business days’ notice as agreed. The borrower shall provide collateral to the lender in the form of cash, or bonds, other interest-bearing notes and obligations of the United States or federal instrumentalities eligible for investment by a lending state agency.

Such collateral shall be in an amount equal to at least 102 percent of the market value of the loaned securities as agreed. The administrators of the funds involved shall monitor the market value of the loaned securities daily. The loan agreement shall provide for payment of additional collateral on a daily basis, or at such times as the value of the loaned securities increases, to agreed upon ratios. In no event shall the amount of the collateral be less than the market value of the loaned securities.

(b) “Marketable securities” means securities that are freely traded on recognized exchanges or marketplaces.

title: 1. GENERAL

chapter: 1. Investment of Securities Owned by State Agencies

article: 1. General


citation: GOV § 7602

text: A state agency which is authorized pursuant to Section 22312 of the Education Code and Sections 16481 and 20208.5 of the Government Code may enter into security loan agreements with broker-dealers and with any state or national banks for the purpose of prudently supplementing the income normally received from investments.

history: (History: Amended by Stats. 1982, Ch. 1194, Sec. 3.)

title: 1. GENERAL

article: 2. Security Loans

path: 1. GENERAL > 8. SECURITIES OWNED BY STATE AGENCIES > 1. Investment of Securities Owned by State Agencies > 2. Security Loans


citation: GOV § 7603

text: All loans of securities shall be made pursuant to one of the standardized security loan agreement forms, as developed by the administrators of the State Pooled Investment Account, as authorized by Section 16481, the Public Employees’ Retirement System, or the State Teachers’ Retirement System and as approved by the Commissioner of Financial Protection and Innovation.

history: (History: Amended by Stats. 2022, Ch. 452, Sec. 176. (SB 1498) Effective January 1, 2023.)

title: 1. GENERAL

article: 2. Security Loans


citation: GOV § 7604

text: In the event of a loss in the reacquisition of loaned securities, the responsible state agency shall make a written report of the loss to the Legislature and the State Auditor as soon as possible, but not later than 30 days after the incurrence of that loss.

history: (History: Amended by Stats. 2003, Ch. 107, Sec. 7. Effective January 1, 2004.)

title: 1. GENERAL

article: 2. Security Loans


citation: GOV § 7605

text: Each state agency which enters into security loan agreements shall (a) maintain detailed records of all security loans, (b) develop controls and reports to monitor the conduct of the transactions, and (c) publicize the net results of the security loan transaction separate from the results of other investment activities.

title: 1. GENERAL

article: 2. Security Loans


citation: GOV § 7900

text:
(a) The Legislature finds and declares that the purpose of this division is to provide for the effective and efficient implementation of Article XIIIB of the California Constitution.

(b) It is the intent of the Legislature that citizens be provided with timely information so that effective oversight can be accomplished at the local level.

history: (History: Added by Stats. 1980, Ch. 1205.)

division: 9. EXPENDITURE LIMITATIONS

title: 1. GENERAL

path: 1. GENERAL > 9. EXPENDITURE LIMITATIONS