text:
(a) The Legislature hereby recognizes the need to adopt uniform statewide standards for the purpose of storing and recording public records in electronic media or in a cloud computing storage service.

(b) In order to ensure that uniform statewide standards remain current and relevant, the Secretary of State, in consultation with the Department of Technology, shall approve and adopt appropriate uniform statewide standards by using standards that are accredited by the American National Standards Institute or other applicable industry-recognized standards making body, including the International Organization for Standardization TR 15801:2017 or successor standard, for storing and recording public records in electronic media or in a cloud computing storage service.

(c) (1) The standards specified in subdivision (b) shall include a requirement that a trusted system be utilized. For this purpose and for purposes of Sections 25105, 26205, 26205.1, 26205.5, 26907, 27001, 27322.2, 34090.5, and 60203, Section 102235 of the Health and Safety Code, and Section 10851 of the Welfare and Institutions Code, “trusted system” means a combination of technologies, policies, and procedures for which there is no plausible scenario in which a public record retrieved from or reproduced by the system could differ substantially from the public record that is originally stored.

(2) For a state agency that stores and records public records pursuant to this section, the uniform statewide standards specified in subdivision (b) shall include a definition of “trusted system” that combines the various elements of trusted systems specified in this section.

(d) (1) A cloud computing storage service that complies with International Organization for Standardization ISO/IEC 27001:2013, or other applicable industry-recognized standards relating to techniques and information security management, and that provides administrative users with controls to prevent stored public records from being overwritten, deleted, or altered, shall be considered a trusted system.

(2) Notwithstanding paragraph (1), all public records stored or recorded in electronic media or in a cloud computing service by a state agency shall comply with a trusted system as defined in the uniform statewide standards adopted pursuant to subdivision (b).

(e) A trusted system using cloud computing storage service shall also comply with applicable standards articulated in the State Administrative Manual and the Statewide Information Management Manual. This requirement applies to state agencies and does not apply to local government entities, except to local government entities that have a system interconnection or data exchange with a state agency, or that contract with a state agency, for the development, use, or maintenance of an information system, product, solution, or service.

(f) (1) A state agency, prior to establishing an information technology system interconnection or data exchange with a local government entity or otherwise partnering with a local government entity for the development, use, or maintenance of an information technology system, product, or service, shall first enter into a written agreement with that local government entity for the purpose of establishing mutually agreeable terms that protect relevant public records.

(2) The requirements of paragraph (1) shall apply prospectively, after the effective date of this subdivision, to new agreements of the types specified and to existing agreements of the types specified when they are considered for renewal.

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

(1) “Cloud computing” has the same definition as the term is defined by the National Institute of Standards and Technology Special Publication 800-145, or a successor publication, and includes the service and deployment models referenced therein.

(2) “Public records” includes permanent and nonpermanent documents.

(3) “State agency” has the same meaning as that term is defined in Section 11000.

(h) The Secretary of State shall ensure that microfilming, electronic data imaging, and photographic reproduction are done in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute for recording of public records or any other applicable and comparable industry standard.

(i) Nothing in this section shall prohibit a local government entity from adopting applicable standards articulated in the Secretary of State’s uniform statewide standards for Trustworthy Electronic Document or Record Preservation, the State Administrative Manual, or the Statewide Information Management Manual for purposes of utilizing a trusted system as defined in subdivision (c).

(j) This section shall take effect on January 1, 2026.

history: (History: Repealed (in Sec. 1) and added by Stats. 2019, Ch. 41, Sec. 2. (AB 212) Effective January 1, 2020. Section operative January 1, 2026, by its own provisions.)

article: 2. Duties


kind: section

code: GOV

text: The Secretary of State shall file in the Secretary’s office descriptions of seals in use by the different state officers and furnish those officers with new seals whenever required.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 46. (AB 378) Effective January 1, 2022.)

division: 3. EXECUTIVE DEPARTMENT

chapter: 3. Secretary of State

article: 2. Duties

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 2. Duties


text: On or before the 15th day of September in each even numbered year, the Secretary of State shall report to the Governor a detailed account of all of the Secretary of State’s official actions since the Secretary’s previous report. The report shall be accompanied with a detailed statement, under oath, of the manner in which all appropriations for the Secretary’s office have been expended.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 47. (AB 378) Effective January 1, 2022.)

title: 2. GOVERNMENT OF THE STATE OF CALIFORNIA

article: 2. Duties


text:
The Secretary of State shall compile and maintain a complete list of all districts for which certificates or copies of orders, ordinances or resolutions declaring districts formed or organized have been filed. This list shall contain the name of each district, the date of formation, and the county or counties in which the district is located.

The list of districts, and all certificates, maps, or copies of orders, ordinances or resolutions filed with the Secretary of State in connection with the formation, change of boundaries, merger, consolidation, or dissolution of districts, shall be open to inspection by the public.

history: (History: Added by Stats. 1963, Ch. 457.)

article: 2. Duties


text:
The Secretary of State shall, upon the request of the proponents of an initiative measure which is to be submitted to the voters of the state, review the provisions of the initiative measure after it is prepared prior to its circulation. In conducting the review, the Secretary of State shall do both of the following:

(a) Analyze and comment on the provisions of the measure with respect to form and language clarity.

(b) Request and obtain a statement of fiscal impact from the Legislative Analyst.

The Legislative Analyst shall furnish the Secretary of State with a statement of fiscal impact with respect to the initiative measure within 25 working days after being requested to do so by the Secretary of State pursuant to subdivision (b).

In the preparation of the statement of fiscal impact, the Legislative Analyst may use the fiscal estimate or the opinion prepared pursuant to Section 9005 of the Elections Code.

The review performed pursuant to this section shall be for the purpose of suggestion only and shall not have any binding effect on the proponents of the initiative measure.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 37. Effective January 1, 1995.)

article: 2. Duties


text:
The Secretary of State shall post on the Secretary’s Internet Web site and include in the pamphlet developed pursuant to Section 9018 of the Elections Code, information describing the following services that are available to the proponents of a proposed initiative measure.

(a) The Legislative Counsel’s cooperation in preparing an initiative measure pursuant to Section 10243.

(b) The Secretary’s review of prepared initiatives prior to circulation pursuant to Section 12172.

history: (History: Added by Stats. 2014, Ch. 168, Sec. 1. (AB 2439) Effective January 1, 2015.)

article: 2. Duties


text:
(a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.

(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officer’s duties.

(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled, and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1.

(d) The Secretary of State may adopt regulations to ensure the uniform application and administration of state election laws.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 169. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 2. Duties


text: Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, the Secretary of State shall include on the secretary’s Internet Web site information designed to educate the public regarding, and encourage participation in, the federal decennial census.

history: (History: Added by Stats. 2018, Ch. 652, Sec. 4. (AB 2592) Effective January 1, 2019.)

article: 2. Duties


text:
(a) It is the intent of the Legislature to affirm and inform every Californian of their right and obligation to participate in the federal decennial census freely and without fear of fraud, intimidation, or harm.

(b) The Secretary of State may work with the California Census Office and the California Complete Count Committee to promulgate a California Census Bill of Rights and Responsibilities no later than February 1, 2020. The Census Bill of Rights and Responsibilities shall affirm the rights of all Californians to all of the following:

(1) To participate in the federal decennial census free of threat or intimidation.

(2) To confidentiality of the information provided in the census form.

(3) To respond to the census by means of the their chosen modality, either electronically, on paper, or by telephone.

(4) To request language assistance.

(5) To verify the identity of a census worker.

(c) The Secretary of State shall translate the California Census Bill of Rights in languages other than English, consistent with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

(d) The California Census Office may make the California Census Bill of Rights available on its internet website and available for inclusion on city and county census internet websites and census questionnaire assistance center internet websites.

history: (History: Added by Stats. 2019, Ch. 831, Sec. 1. (AB 1563) Effective January 1, 2020.)

article: 2. Duties


text:
(a) The Secretary of State’s office shall develop a program to utilize electronic communications and enhance the availability and accessibility of information on statewide candidates and ballot initiatives. This includes making information available online as well as through other information processing technology.

(b) The Secretary of State may electronically send all of the following election information to a voter:

(1) The date of the election.

(2) The voter registration deadline.

(3) Other information that assists the voter in registering to vote or casting a ballot.

(4) Information contained within the state voter information guide pursuant to Section 9082.7.

(c) The Secretary of State may send the information identified in subdivision (b) using one or both of the following methods:

(1) By electronic mail if the Secretary of State has the voter’s email address and provides the voter with an opportunity to opt out of receiving communications.

(2) By text message to the voter’s electronic device if the voter has consented to receiving text messages and the voter has been provided with an opportunity to opt out of receiving communications.

history: (History: Amended by Stats. 2017, Ch. 656, Sec. 6. (AB 606) Effective January 1, 2018.)

article: 2. Duties


text:
(a) The Secretary of State shall administer, protect, develop, and interpret the Secretary of State and State Archives Building Complex located in Sacramento in the area bounded by 10th, 11th, O, and P Streets for the use, education, and enjoyment of the public, including uses to advance civic education and civic engagement by all Californians.

(b) The Secretary of State may enter into an operating agreement with the California Museum for History, Women and the Arts, an existing California nonprofit public benefit corporation, tax exempt under Section 501(c)(3) of the United States Internal Revenue Code, or its successor. Under the operating agreement with the Secretary of State, the corporation shall operate a museum located in the Secretary of State and State Archives Building Complex, including development, administration, interpretation, and management of the museum and related public services, and acquiring and managing funding for the museum’s programs and services. The operating agreement shall provide for support by the Secretary of State, consistent with subdivision (a) and Section 12221, including integration of State Archives artifacts, collections, and programs in museum exhibits and programs.

(c) The governing board of the corporation shall include the Secretary of State or an Assistant Secretary of State designated by the Secretary of State and the Director of Parks and Recreation or the Director of Parks and Recreation’s designee as ex officio voting members of the board. The board shall be the governing authority for operations funded through moneys received by the museum. The board shall submit an audit report annually to the Secretary of State. The Secretary of State shall submit copies of the annual audit reports to the Director of Finance, the Chair of the Joint Legislative Audit Committee, and the Chair of the Joint Legislative Budget Committee. No funds raised or assets acquired by the corporation shall be used for purposes inconsistent with support of the museum and the operating agreement.

(d) No later than January 10 of each year, the corporation shall submit the corporation business plan for the following fiscal year to the Director of Finance and the Chair of the Joint Legislative Budget Committee for review and comment. The executive director of the corporation shall also submit, not less than 30 days prior to adoption by the governing board of the corporation, proposed formal amendments to the corporation business plan to the Director of Finance and the Chair of the Joint Legislative Budget Committee for review and comment.

(e) Fees charged to members of the public for copying, reproduction, and other services provided by the Secretary of State shall be at a level consistent with the costs of providing these services. The Secretary of State may establish an agreement with the corporation to provide these services and collect moneys for providing these services.

(f) Notwithstanding any other provision of law, the California Museum for History, Women and the Arts, or its successor, is a private nonprofit corporation and shall not be considered a state, local, or other public body for any purpose.

(g) The Legislature encourages the governing board of the corporation to conduct its meetings in an open manner, establish a board membership that is representative and reflective of California’s rich history, and work cooperatively with the Secretary of State to ensure public input, confidence, and accountability in the museum’s use of its resources and the protection of California’s priceless archives, collections, and artifacts.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 48. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text: The Secretary of State shall keep a fee book. There shall be entered in the book all fees, commissions, and compensation of whatever nature or kind that are earned, collected, or charged, with the date, name of payer, paid or not paid, and the nature of the service in each case. The book shall be verified annually by the Secretary of State’s affidavit entered therein.

history: (History: Added by Stats. 1999, Ch. 1000, Sec. 46. Effective January 1, 2000.)

article: 2. Duties


text:
(a) Commencing July 1, 1992, all fees collected by the Secretary of State’s office pursuant to the Business and Professions Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Food and Agricultural Code, Harbors and Navigation Code, and this code, excluding Section 81008 of this code, shall be paid into the Secretary of State’s Business Fees Fund which was created by former Section 12181 and is hereby continued in existence in the State Treasury for the administration of that portion of the Secretary of State’s functions under these codes.

(b) It is the intent of the Legislature that moneys deposited into the Secretary of State’s Business Fees Fund shall be used to support the programs from which fees are collected. It is further the intent of the Legislature that fees shall be sufficient to cover the costs of these programs and shall be expended, commencing in the 1992-93 fiscal year, to the extent that appropriations are made in the annual Budget Act. Of the fees collected, and any interest earned thereon, in excess of the authority of the Secretary of State to expend pursuant to the annual Budget Act, up to one million dollars ($1,000,000) may remain in the Secretary of State’s Business Fee Fund. Any additional excess fees and interest earned shall be transferred to the General Fund at the end of each fiscal year.

At least weekly, all fees collected by the Secretary of State shall be paid into the State Treasury.

history: (History: Amended by Stats. 2002, Ch. 1117, Sec. 4. Effective January 1, 2003.)

article: 2. Duties


text: For services performed in the Secretary’s office, the Secretary of State shall charge and collect the fees fixed in this article.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 49. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text: No Member of the Legislature or state officer shall be charged for a search relative to matters appertaining to the duties of the Member’s or officer’s office, nor shall a Member of the Legislature or state officer be charged a fee for a certified copy of a law or resolution passed by the Legislature relative to the Member’s or officer’s official duties.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 50. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text:
(a) Except for copies of documents on file prepared pursuant to Section 12182, the fee for preparing a copy of any law, resolution, record, or other document on file in the office of the Secretary of State, is one dollar ($1) for the first page, and fifty cents ($0.50) for each additional page.

(b) Except for copies of documents on file prepared pursuant to subdivision (a), the Secretary of State shall provide compilations, indexes, extracts, or summaries of information, including computer information, contained in the public records of the Secretary of State at a charge sufficient to recover costs. Except where a fee or charge is prescribed by statute, the fee or charge imposed pursuant to this subdivision shall not exceed ten dollars ($10) per inquiry.

(c) The Secretary of State may enter into contracts to provide information and copies and access to information, including direct access to computer information. The contracts may include reasonable conditions for access to information. The amounts payable pursuant to these contracts shall be sufficient to recover costs.

(d) The Secretary of State may require persons and firms regularly using the research facilities of the Secretary of State to use those research facilities only pursuant to a contract under subdivision (c).

(e) All fees, reimbursements, and contract amounts pursuant to this section shall be accounted as Secretary of State expenditure reimbursements.

(f) Fees for special handling pursuant to Section 12182 are in addition to amounts pursuant to this section.

history: (History: Amended by Stats. 2012, Ch. 494, Sec. 54. (SB 1532) Effective January 1, 2013.)

article: 2. Duties


text: The fee for attesting each patent for land issued by the Governor is one dollar ($1) for each 160 acres, or fraction thereof.

history: (History: Added by Stats. 1999, Ch. 1000, Sec. 51. Effective January 1, 2000.)

article: 2. Duties


text:
The fee for attesting each commission, passport, or other document signed by the Governor is ten dollars ($10).

A fee shall not be charged for attesting pardons, extradition papers, military commissions, and commissions issued to nonsalaried state officers other than notaries public.

history: (History: Added by Stats. 1999, Ch. 1000, Sec. 52. Effective January 1, 2000.)

article: 2. Duties


text: The Secretary of State’s office may adopt rules and regulations as necessary to carry out this article, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.

history: (History: Repealed and added by Stats. 1999, Ch. 1000, Sec. 54. Effective January 1, 2000.)

article: 3. Business Programs

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 3. Business Programs


text: The Secretary of State’s office may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, false, or fraudulent purpose, to promote or conduct an illegitimate object or purpose, or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity.

history: (History: Added by Stats. 2011, Ch. 269, Sec. 8. (AB 75) Effective January 1, 2012.)

article: 3. Business Programs


text:
(a) The Secretary of State shall charge and collect fees as provided in this article and may also by regulation establish fees to be charged and collected for copying and special handling in connection with filing documents, issuing of certificates, and other services performed by the office.

(b) Except as provided in subdivision (c), the fees shall approximate the estimated cost of copying and special handling.

(c) Fees charged for preclearance of documents and expedited filings may be in different amounts, that shall not exceed one thousand dollars ($1,000). Those fees may be charged only if the special handling does not cause disruption or delay in the process of normal handling of documents.

(d) Copying and special handling fees shall be paid into the Secretary of State’s Business Fees Fund.

(e) The preclearance or expedited filing of documents by the Secretary of State or the Secretary’s employees pursuant to this section shall be considered discretionary pursuant to Section 820.2.

(f) This section shall become operative commencing July 1, 2014.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 51. (AB 378) Effective January 1, 2022.)

article: 3. Business Programs


text: The Secretary of State shall establish by regulation an application, examination, and commission fee that shall not exceed the amount necessary to cover the costs of commissioning notaries public and the enforcement of laws governing notaries public. The fee shall not exceed one hundred dollars ($100) per commission.

history: (History: Added by Stats. 1999, Ch. 1000, Sec. 54. Effective January 1, 2000.)

article: 3. Business Programs


text:
The Secretary of State shall charge and collect the following fees for certification:

(a) Certification of a document: Five dollars ($5).

(b) Certificate of status or filing: Five dollars ($5).

(c) Certificate of information: Ten dollars ($10) if the request is communicated in writing, and five dollars ($5) if the request is communicated by another medium authorized by a rule adopted by the office of the Secretary of State.

history: (History: Amended by Stats. 2000, Ch. 1003, Sec. 53. Effective January 1, 2001. Operative July 1, 2001, by Sec. 56 of Ch. 1003.)

article: 3. Business Programs


text:
(a) The Secretary of State shall charge and collect a fee of one hundred fifty dollars ($150) from an entity for its conversion made pursuant to Chapter 11.5 (commencing with Section 1150) of Division 1 of Title 1 of the Corporations Code.

(b) This section shall become operative on January 1, 2005.

history: (History: Repealed (in Sec. 29) and added by Stats. 2002, Ch. 480, Sec. 30. Effective January 1, 2003. Section operative January 1, 2005, by its own provisions.)

article: 3. Business Programs


text: Upon the filing of any document pursuant to any provision of the Corporations Code for which there is a filing fee of twenty-five dollars ($25) or more, at the time of filing the Secretary of State shall provide a copy without charge.

history: (History: Amended by Stats. 2012, Ch. 494, Sec. 55. (SB 1532) Effective January 1, 2013.)

article: 3. Business Programs


text:
The fees for corporate filings are the following:

(a) Issuing a certificate of reservation of corporate name: Ten dollars ($10).

(b) Registering a corporate name for the calendar year pursuant to Section 2101 of the Corporations Code: Fifty dollars ($50).

(c) Filing articles of incorporation providing for shares: One hundred dollars ($100).

(d) Filing articles of incorporation not providing for shares: Thirty dollars ($30).

(e) Filing the statement and designation upon the qualification of a foreign, nonprofit, nonstock corporation, and of a foreign corporation organized for educational, religious, scientific, or charitable purposes, and not issuing shares: Thirty dollars ($30).

(f) Filing the statement and designation upon the qualification of any other foreign corporation not provided for in subdivision (e): One hundred dollars ($100).

(g) Filing the statement of information for every corporation pursuant to Sections 1502, 6210, 8210, 9660, and 12570 of the Corporations Code and Section 14101.6 of the Financial Code: Twenty dollars ($20).

(h) Filing the statement of information for every foreign corporation (other than a foreign association) qualified to transact intrastate business pursuant to Section 2117 of the Corporations Code: Twenty dollars ($20).

(i) Filing changes to any statement of information subject to subdivisions (g) and (h): No fee.

(j) Filing the statement pursuant to Section 1502.1 or 2117.1 of the Corporations Code: No fee.

(k) Filing for the merger of one corporation solely with one or more other corporations: One hundred dollars ($100).

(l) Filing for the merger of one or more corporations with one or more other types of business entities: One hundred fifty dollars ($150).

(m) Filing a certificate of amendment changing the status of a nonprofit corporation into a stock corporation: Seventy dollars ($70).

(n) Filing a certificate of election to dissolve a corporation, a certificate of dissolution of a corporation, or a certificate of surrender, or of change of address: No fee.

(o) Filing a statement of address by a foreign lending institution on or before June 30 of each year pursuant to Section 2104 of the Corporations Code: Fifty dollars ($50).

(p) Filing any other instrument by or on behalf of a corporation, unless another fee is specified by law: Thirty dollars ($30).

history: (History: Amended by Stats. 2011, Ch. 204, Sec. 18. (AB 657) Effective January 1, 2012.)

article: 3. Business Programs


text:
The general partnership filing fees are the following:

(a) Filing a statement of partnership: Seventy dollars ($70).

(b) Filing a statement of dissolution for the purposes of canceling a statement of partnership: No fee.

(c) Filing any other partnership statement pursuant to this chapter, unless another fee is specified by law or the law specifies that no fee is to be charged: Thirty dollars ($30).

article: 3. Business Programs


text:
The limited partnership filing fees are the following:

(a) Issuing a certificate of reservation of limited partnership name: ten dollars ($10).

(b) Filing a certificate of limited partnership of a limited partnership: seventy dollars ($70).

(c) Filing an application for registration as a foreign limited partnership: seventy dollars ($70).

(d) Filing a certificate of amendment to the certificate of limited partnership of a limited partnership: thirty dollars ($30).

(e) Filing a restated certificate of limited partnership of a limited partnership: thirty dollars ($30).

(f) Filing an amendment to the application for registration of a foreign limited partnership: thirty dollars ($30).

(g) Filing a certificate of correction for a limited partnership or a foreign limited partnership: thirty dollars ($30).

(h) Filing a certificate of revival for a limited partnership: thirty dollars ($30).

(i) Filing a certificate of merger solely with one or more other limited partnerships (not including the merger of one or more limited partnerships with one or more other business entities) the fee for filing a certificate of merger: seventy dollars ($70).

(j) Filing a certificate of merger of one or more limited partnerships with one or more other business entities: one hundred fifty dollars ($150).

(k) Filing a certificate of conversion of a limited partnership into a foreign other business entity or general partnership: thirty dollars ($30).

(l) Filing articles of organization or statement of partnership authority containing a statement of conversion of a limited partnership into a domestic limited liability company or a registered general partnership: seventy dollars ($70).

(m) Filing the substitute service of a limited partnership: fifty dollars ($50).

(n) Filing a certificate of cancellation for a limited partnership or a foreign limited partnership: no fee.

(o) Filing a statement of resignation as an agent for service of process: no fee.

(p) Filing any instrument by or on behalf of a limited partnership unless another fee is specified or the law specifies that no fee is to be charged: thirty dollars ($30).

history: (History: Repealed and added by Stats. 2006, Ch. 495, Sec. 34. Effective January 1, 2007.)

article: 3. Business Programs


text:
The limited liability partnership filing fees are the following:

(a) Filing a registration for a registered limited liability partnership: Seventy dollars ($70).

(b) Filing a registration for a foreign limited liability partnership: Seventy dollars ($70).

(c) Filing an amendment to the registration of a limited liability partnership registration: Thirty dollars ($30).

(d) Filing an amendment to the registration of a foreign limited liability partnership: Thirty dollars ($30).

(e) Filing a notice of change of status pursuant to subdivision (b) of Section 16954 of the Corporations Code: Thirty dollars ($30).

(f) Filing any other partnership statement for a limited liability partnership, unless another fee is specified by law or the law specifies that no fee is to be charged: Thirty dollars ($30).

article: 3. Business Programs


text:
The limited liability company filing fees are the following:

(a) Issuing a certificate of reservation of limited liability company name: Ten dollars ($10).

(b) Filing articles of organization of a limited liability company: Seventy dollars ($70).

(c) Filing an application for registration as a foreign limited liability company: Seventy dollars ($70).

(d) Filing a certificate of amendment to the articles of organization of a limited liability company: Thirty dollars ($30).

(e) Filing restated articles of organization of a limited liability company: Thirty dollars ($30).

(f) Filing an amendment to the application for registration as a foreign limited liability company: Thirty dollars ($30).

(g) Filing a certificate of correction for a limited liability company: Thirty dollars ($30).

(h) Filing a certificate of continuation for a limited liability company after a certificate of dissolution has been filed: Thirty dollars ($30).

(i) Filing a certificate of merger for a merger of a limited liability company with one or more other limited liability companies: Seventy dollars ($70).

(j) Filing a certificate of merger for a merger of one or more limited liability companies with one or more other business entities: One hundred fifty dollars ($150).

(k) Filing the statement of information of a limited liability company or of a foreign limited liability company pursuant to Section 17702.09 of the Corporations Code: Twenty dollars ($20).

(l) Filing changes to any statement of information: No fee.

(m) Filing a certificate of dissolution or a certificate of cancellation of articles of organization for purposes of the dissolution of a limited liability company: No fee.

(n) Filing a certificate of cancellation for purposes of the cancellation of registration of a foreign limited liability company: No fee.

(o) Filing any instrument by or on behalf of a limited liability company, unless another fee is specified by law or the law specifies that no fee is to be charged: Thirty dollars ($30).

history: (History: Amended by Stats. 2012, Ch. 419, Sec. 22. (SB 323) Effective January 1, 2013. Operative January 1, 2014, by Sec. 32 of Ch. 419.)

article: 3. Business Programs


text:
The miscellaneous business entity filing fees are the following:

(a) Foreign associations, as defined in Sections 170 and 171 of the Corporations Code:

(1) Filing the statement and designation upon the qualification of a foreign association pursuant to Section 2105 of the Corporations Code: One hundred dollars ($100).

(2) Filing an amended statement and designation by a foreign association pursuant to Section 2107 of the Corporations Code: Thirty dollars ($30).

(3) Filing a certificate showing the surrender of the right of a foreign association to transact intrastate business pursuant to Section 2112 of the Corporations Code: No fee.

(b) Unincorporated Associations:

(1) Filing a statement in accordance with Section 18200 of the Corporations Code as to principal place of office or place for sending notices or designating agent for service: Twenty-five dollars ($25).

(2) Insignia Registrations: Ten dollars ($10).

(c) Community Associations and Common Interest Developments:

(1) Filing a statement by a community association in accordance with Section 5405 or 6760 of the Civil Code to register the common interest development that it manages: An amount not to exceed thirty dollars ($30).

(2) Filing an amended statement by a community association in accordance with Section 5405 or 6760 of the Civil Code: No fee.

history: (History: Amended by Stats. 2013, Ch. 605, Sec. 24. (SB 752) Effective January 1, 2014.)

article: 3. Business Programs


text:
The filing fees for a nonprofit mutual benefit ridesharing corporation are the following:

(a) Nonprofit mutual benefit corporation having as its sole purpose the operation of a single ridesharing vanpool vehicle designed for transporting at least seven persons, including the driver, under an arrangement in which ridesharing is incidental to another purpose of the driver: No fee.

(b) For purposes of this section ridesharing shall have the meaning specified in Section 522 of the Vehicle Code.

article: 3. Business Programs


text:
The trademark and service mark fees are the following:

(a) Filing an application for registration of a trademark: Seventy dollars ($70).

(b) Issuing a certificate of assignment of a trademark: Thirty dollars ($30).

(c) Filing a renewal for registration of a trademark: Thirty dollars ($30).

(d) Filing of a name, mark, or device used as a brand: Thirty dollars ($30).

(e) Issuing a certificate of filing of a laundry supply designation: Ten dollars ($10).

(f)Filing the registration of any name used by an organization: Ten dollars ($10).

(g) Issuing a certificate with the name of a farm, ranch, or villa: Ten dollars ($10).

article: 3. Business Programs


text:
The fees for filing liens pursuant to the Code of Civil Procedure and for filing financing statements and other Uniform Commercial Code filings are the following:

(a) Ten dollars ($10) if the record is communicated in writing and consists of one or two pages.

(b) Twenty dollars ($20) if the record is communicated in writing and consists of more than two pages.

(c) Five dollars ($5) if the record is communicated by another medium authorized by a rule adopted by the office of the Secretary of State.

(d) Two dollars ($2) if the record is a state tax lien certificate of release.

The Secretary of State shall collect a special handling fee for filing records in the manner provided in Section 12182.

Financing statements and other Uniform Commercial Code filings shall be submitted on national standard forms as approved by the office of the Secretary of State or on those national forms but lacking a space identified for the disclosure of the social security number of an individual.

history: (History: Amended by Stats. 2003, Ch. 235, Sec. 8. Effective January 1, 2004.)

article: 3. Business Programs


text:
(a) Special filing fees for joint powers agreements are the following:

(1) Filing a notice of a joint powers agreement: One dollar ($1).

(2) Filing an amendment of a joint powers agreement: One dollar ($1).

(3) Filing an executed copy of each agreement, lease, or equipment trust certificate for an agency that financed or refinanced transit equipment or transferred federal income tax benefits with respect to transit equipment pursuant to subdivision (a) of Section 6518: One dollar ($1).

(b) Special filing fees for athlete agents are the following:

(1) Filing an athlete agent disclosure statement: Thirty dollars ($30).

(2) Filing an amendment to an athlete agent disclosure statement: Twenty dollars ($20).

(c) Special filing fees for a durable power of attorney for health care are the following:

(1) Filing a durable power of attorney for health care registration: No fee.

(2) Filing an amendment to a durable power of attorney for health care: No fee.

(d) The special filing fee for registering a claim as successor in interest is ten dollars ($10).

(e) The special filing fee for issuing a certificate of official character is twenty dollars ($20).

article: 3. Business Programs


text:
The Secretary of State shall charge and collect, as applicable, fees for the following:

(a) Service of process, as provided in Section 15800 of the Corporations Code, for every partnership other than a foreign limited partnership subject to Article 9 (commencing with Section 15691) of Chapter 3 or Article 9 (commencing with Section 15909.01) of Chapter 5.5 of Title 2 of the Corporations Code or a commercial banking partnership established and transacting business in a place without the United States, which is domiciled without this state and has no regular place of business within the state: Fifty dollars ($50).

(b) Service of process for each registered limited liability partnership whose principal office is not in this state and each foreign limited liability partnership registered under Section 16959 of the Corporations Code: Fifty dollars ($50).

(c) Acceptance of copies of process against a corporation, firm, partnership, limited liability company, association, business trust, or natural person: Fifty dollars ($50), unless another fee is specified by law or the law specifies that no fee is to be charged.

(d) Filing a statement of resignation by an individual or entity previously designated as an agent for service of process by a limited liability company pursuant to the Corporations Code or the Financial Code: No fee.

history: (History: Amended by Stats. 2012, Ch. 419, Sec. 23. (SB 323) Effective January 1, 2013. Operative January 1, 2014, by Sec. 32 of Ch. 419.)

article: 3. Business Programs


text: As used in this article, “item” includes, but is not limited to, any paper, document, book, map, artifact, or other type of record.

history: (History: Amended by Stats. 2023, Ch. 145, Sec. 1. (AB 1759) Effective January 1, 2024.)

article: 4. State Archives

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 4. State Archives


text: The Secretary of State is the custodian of the public archives of the State.

history: (History: Added by Stats. 1945, Ch. 111.)

article: 4. State Archives


text: The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, description, and use of the archives.

history: (History: Amended by Stats. 2023, Ch. 145, Sec. 2. (AB 1759) Effective January 1, 2024.)

article: 4. State Archives


text: The Secretary of State shall receive into the archives an item that is required by law to be delivered to or filed with the Secretary of State.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 52. (AB 378) Effective January 1, 2022.)

article: 4. State Archives


text: The Secretary of State shall receive into the State Archives any official committee file transmitted pursuant to Section 9080 or rulemaking file transmitted pursuant to Section 11347.3. The Secretary of State may designate a time for the delivery of files in consideration of document processing or storage limitations. The Secretary of State shall not remove, alter, or destroy or otherwise dispose of any item contained in a file received pursuant to this section. Nothing in this section, or in Sections 9080 or 11347.3, shall prohibit the conversion of an official committee file or rulemaking file to another accessible format.

history: (History: Added by Stats. 1996, Ch. 928, Sec. 4. Effective January 1, 1997.)

article: 4. State Archives


text: The Secretary of State may receive into the archives an item that the Secretary of State deems to be of historical value.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 53. (AB 378) Effective January 1, 2022.)

article: 4. State Archives


text: The Secretary of State may at any time return to the state agency from which it was received an item in the archives which the Secretary of State does not deem to be of historical value.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 54. (AB 378) Effective January 1, 2022.)

article: 4. State Archives


text: With the consent of the Secretary of State, the governing body of a county or city may by order or resolution direct the transfer to the Secretary of State for inclusion in the State archives, of official items it deems have historic interest or value, and which are in the custody of any officer of the county or city. Accurate copies of the transferred items shall be substituted for the originals when the governing body deems necessary.

article: 4. State Archives


text: The Chief of Archives is responsible for the preservation and description of material deposited in the State Archives and shall make the material readily available for use.

history: (History: Amended by Stats. 2023, Ch. 145, Sec. 3. (AB 1759) Effective January 1, 2024.)

article: 4. State Archives


text: The Chief of Archives shall give an appropriate receipt for all material received by the Chief of Archives as a part of the archives.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 55. (AB 378) Effective January 1, 2022.)

article: 4. State Archives


text: The Secretary of State may maintain an item in an active file in the Secretary’s office for such time as the Secretary of State deems proper before transferring it to the archives.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 56. (AB 378) Effective January 1, 2022.)

article: 4. State Archives


text: The Secretary of State shall establish a Document Laboratory and a Record Processing Program to facilitate the preservation and description of the archives.

history: (History: Amended by Stats. 2023, Ch. 145, Sec. 4. (AB 1759) Effective January 1, 2024.)

article: 4. State Archives


text: In carrying out the provisions of this article, the Secretary of State shall consult with and give consideration to the recommendations of the California Historical Records Advisory Board, which for that purpose shall serve in an advisory capacity to the Secretary of State.

history: (History: Amended by Stats. 2014, Ch. 28, Sec. 18. (SB 854) Effective June 20, 2014.)

article: 4. State Archives


text: The Secretary of State shall utilize the California Historical Records Advisory Board to advise, encourage, and coordinate the activities of the county historical records commissions, either designated or appointed by the county boards of supervisors pursuant to Section 26490. The chairperson or the chairperson’s designee of each county historical records commission may attend an annual meeting, at state expense, to receive advice in the preservation of local government archives and public library collections of historical materials.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 57. (AB 378) Effective January 1, 2022.)

article: 4. State Archives


text: The Secretary of State shall conduct under the administration of the State Archives a regular governmental history documentation program to provide through the use of oral history a continuing documentation of state policy development as reflected in California’s legislative and executive history. The secretary may contract with oral history units affiliated with public or private nonprofit colleges, universities, or historical societies located in California to perform selected program activities. The secretary shall prescribe professional standards for the accomplishment and governance of the program.

history: (History: Amended by Stats. 2014, Ch. 28, Sec. 20. (SB 854) Effective June 20, 2014.)

article: 4. State Archives


text:
(a) The Secretary of State shall establish a Local Government Records Program to be administered by the State Archives to establish guidelines for local government records retention and to provide archival support to local agencies in this state.

(b) The Secretary of State shall establish, publish, update, and maintain on a permanent basis guidelines for local government records retention. The Secretary of State may consult with appropriate professional organizations representing city, county, and special district records administrators regarding the establishment of these guidelines.

(c) The program shall be primarily responsible for the performance of the following functions:

(1) Publish the guidelines developed pursuant to subdivision (b) in paper form initially and on the Internet web site for the Secretary of State.

(2) Monitor and review changes in state laws and administrative regulations that pertain to local government records retention.

(3) Monitor practices and procedures in records administration that have bearing on local government records retention and management.

(4) Update published guidelines on a current and timely basis as changes occur.

(5) Make supporting information about state laws and administrative regulations that pertain to local government records retention available to local government agencies.

(6) Function as the liaison for the State Archives with appropriate professional organizations.

(7) Maintain communication with individual local government agencies.

(8) Consult and provide information and advice to local government agencies on archival and records management practices.

(9) Consult and provide information and advice to local government agencies on history and heritage.

history: (History: Amended by Stats. 2014, Ch. 28, Sec. 23. (SB 854) Effective June 20, 2014.)

article: 4. State Archives


text:
(a) Notwithstanding any provision of Division 10 (commencing with Section 7920.000) of Title 1, any provision of law that exempts from public disclosure any item in the custody of the State Archives shall not apply to that item 75 years after the item was created, irrespective of the origin of the item, the manner in which it was deposited with the State Archives, or any other condition or circumstance at the time the item was deposited.

(b) Subdivision (a) shall apply to any item currently in the custody of the State Archives and any item deposited in the State Archives after the effective date of this section.

(c) The State Archives shall notify any party who deposits any item in the State Archives after the effective date of this section of the provisions of subdivision (a).

(d) The Secretary of State’s internet website shall include a public notice stating that on or after January 1, 2005, all items 75 years old or older that are on deposit in the State Archives shall be accessible to the public.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 170. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 4. State Archives


text: Whenever an appropriation is made by the Legislature for the purpose, the Secretary of State shall compile, publish, and distribute a roster of the State and local public officials of California.

article: 5. Roster of Public Officials

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 5. Roster of Public Officials


text: The Secretary of State shall cause the roster to be printed and shall distribute copies free of charge, as follows: To the Governor, 50 copies; to the Lieutenant Governor, 30 copies; to each member of the Senate and to each member of the Assembly, 30 copies; to each elective State officer, each head of a State department, each county clerk, each public library upon request, each Governor and each Secretary of State of a State of the United States, one copy. The remaining copies may be distributed, singly and free of charge to any person requesting them.

article: 5. Roster of Public Officials


text: No more than 120 days after each general election, the governing body of each city, county, or city and county, or their delegated local entity, including, but not limited to, the office of the city clerk or the office of the county administrator, shall submit to the Secretary of State by electronic means an updated list of local elected or appointed officials for publication in the roster of public officials, as described in Section 12240.

history: (History: Added by Stats. 2025, Ch. 762, Sec. 1. (SB 482) Effective January 1, 2026.)

article: 5. Roster of Public Officials


text: For the purposes of this article, “termination document” means the certificate or other document required by the Corporations Code that is the last certificate or document filed with the Secretary of State to effect the final dissolution, surrender, or cancellation of the business entity.

history: (History: Added by Stats. 2006, Ch. 324, Sec. 1. Effective January 1, 2007.)

article: 6. Reinstatement of Business Entities

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 6. Reinstatement of Business Entities


text:
(a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following:

(1) The factual representations by a shareholder, member, partner, or other person that are contained in the termination document are materially false.

(2) The submission of the termination document to the Secretary of State for filing is fraudulent.

(b) If a court of competent jurisdiction orders reinstatement of a business entity to active status on any of the grounds stated in paragraph (1) or (2) of subdivision (a), the order for reinstatement shall state all of the following:

(1) The specific grounds for reinstatement.

(2) That if there is a conflict with the entity name under subdivision (b) of Section 201, subdivision (b) of Section 5122, subdivision (c) of Section 7122, subdivision (b) of Section 9122, subdivision (b) of Section 12302, subdivision (d) of Section 15901.08, subdivision (b) of Section 17701.08 of the Corporations Code, or related statutes, the reinstatement shall be conditioned upon the business entity concurrently submitting for filing an amendment to change its name to eliminate the conflict along with the certified copy of the order required by Section 12263.

(3) That the business entity shall be reinstated effective from the date of the filing of the court order with the Secretary of State.

(c) The court order for reinstatement may be obtained by submitting a petition to the superior court containing the legal and factual basis for reinstatement or as part of a civil action for damages or equitable relief. The Secretary of State shall not be made a party to the proceeding.

history: (History: Amended by Stats. 2014, Ch. 834, Sec. 50. (SB 1041) Effective January 1, 2015.)

article: 6. Reinstatement of Business Entities


text: If the Secretary of State determines that the name of a business entity that has been ordered by a court to be reinstated creates a conflict under subdivision (b) of Section 201, subdivision (b) of Section 5122, subdivision (c) of Section 7122, subdivision (b) of Section 9122, subdivision (b) of Section 12302, or subdivision (b) of Section 17701.08 of the Corporations Code or any related statute, the reinstatement shall be subject to the business entity filing an amendment to change its name to eliminate the conflict.

history: (History: Amended by Stats. 2012, Ch. 419, Sec. 24. (SB 323) Effective January 1, 2013. Operative January 1, 2014, by Sec. 32 of Ch. 419.)

article: 6. Reinstatement of Business Entities


text: Nothing in this article authorizes a court to order that any records of the Secretary of State be expunged. The Secretary of State shall file a certified copy of the order of the court reinstating the business entity with the records of the business entity, and the reinstatement shall be effective on the date the Secretary of State files the order. The Secretary of State shall notify the Franchise Tax Board of the reinstatement of the business entity.

article: 6. Reinstatement of Business Entities


text: The sole remedies for violations of the following provisions of this Act shall be fines of ten thousand dollars ($10,000.00) for each advertisement, contract or prospectus which violates this Act. The provisions are: Article 10 (commencing with Section 66799) of Chapter 3 of Title 7.3 of the Government Code; Sections 10195.1–10195.8 of the Insurance Code; Chapter 3.95 (commencing with Section 1599.85) of Division 2 of the Health and Safety Code; and Article 6 (commencing with Section 12261) of Chapter 3 of Part 2 of Division 3 of Title 2 of the Government Code. For purposes of this Act, multiple copies of the same advertisement, contract or prospectus shall count as one violation. Any person may bring an action in Superior Court to impose any fine pursuant to this Act. Fines shall be deposited to the General Fund of the State.

history: (History: Added November 8, 1988, by initiative Proposition 105, Sec. 7. Operative January 1, 1990, by Sec. 11. Invalidated in 1991 by court decision. Note: In the text, "Act" refers to Prop. 105.)

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 6.5. Violations of the Public’s Right to Know Act


text: This article shall be known, and may be cited, as the State Records Management Act.

history: (History: Added by Stats. 2014, Ch. 28, Sec. 24. (SB 854) Effective June 20, 2014.)

article: 7. State Records Management Act

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 3. Secretary of State > 7. State Records Management Act


text:
For the purposes of this article, the following terms shall have the following meanings:

(a) “Acquire” includes acquisition by gift, purchase, lease, eminent domain, or otherwise.

(b) “Archival value” means the ongoing usefulness or significance of a record based on the administrative, legal, fiscal, evidential, or historical information it contains, justifying its permanent preservation.

(c) “Public record plant” means the plant, or any part thereof, or a record therein, of a person engaged in the business of searching or publishing public records or insuring or guaranteeing titles to real property, including copies of public records or abstracts and memoranda taken from public records that are owned by or in possession of that person or that are used by that person in that person’s business.

(d) “Public use form” means a form used by the state to obtain or to solicit facts, opinions, or other information from the public or a private citizen, partnership, corporation, organization, business trust, or nongovernmental entity or legal representative thereof.

(e) “Record” has the same meaning as “public records” as defined in Section 7920.530 and includes, but is not limited to, a writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics. Library and museum materials made or acquired and preserved solely for reference or exhibition purposes and stocks of publications and of processed documents are not included within the definition of the term “record” as used in this article.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 66. (SB 1380) Effective January 1, 2023.)

article: 7. State Records Management Act


text:
(a) The Secretary of State shall establish and administer a records management program that will apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposal of state records.

(b) The duties of the Secretary of State shall include, but shall not be limited to:

(1) Establishing standards, procedures, and techniques for effective management of records.

(2) Obtaining from agencies biennial reports required for the administration of the program.

(3) Reporting statewide compliance with this article to the Department of Finance at least every two years.

history: (History: Amended by Stats. 2019, Ch. 302, Sec. 1. (AB 469) Effective January 1, 2020.)

article: 7. State Records Management Act


text: Notwithstanding any other law, a record held in the State Records Center or by a state agency determined by the Secretary of State to have archival value and to be at risk of damage or loss, or in poor physical condition, shall be transferred to the State Archives at the direction of the Secretary of State with notification to the head of the agency not less than 10 days prior to the transfer. The Secretary of State shall enforce all statutory requirements regarding the confidentiality of records transferred to the State Archives pursuant to this section and shall make the records available to authorized individuals or the public, as determined by applicable law.

article: 7. State Records Management Act


text:
The head of a state agency shall do all of the following:

(a) Establish and maintain an active, continuing program for the economical and efficient management of the records and information collection practices of the agency. The program shall ensure that the information needed by the agency may be obtained with a minimum burden upon individuals and businesses, especially small business enterprises and others required to furnish the information. Unnecessary duplication of efforts in obtaining information shall be eliminated as rapidly as practical. Information collected by the agency shall, as far as is expedient, be collected and tabulated in a manner that maximizes the usefulness of the information to other state agencies and the public.

(b) Determine, with the concurrence of the Secretary of State, records essential to the functioning of state government in the event of a major disaster.

(c) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.

(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.

(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of State’s California Records and Information Management Program within 30 days of the appointment.

(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized.

history: (History: Amended by Stats. 2023, Ch. 145, Sec. 5. (AB 1759) Effective January 1, 2024.)

article: 7. State Records Management Act


text:
A Records Management Coordinator of an agency shall do all of the following:

(a) (1) Upon initial appointment as a Records Management Coordinator, attend a minimum of 12 hours of records management training classes offered by the Secretary of State within 12 months of appointment.

(2) After the initial 12 months, attend a minimum of 4 hours of biennial records management training offered by the Secretary of State.

(b) Coordinate the agency’s records management program.

(c) Act as liaison between the agency and the California Records and Information Management Program (CalRIM), State Records Center (SRC), and the State Records Appraisal Program (SRAP) within the State Archives Division of the Secretary of State.

(d) Respond to questions from CalRIM, SRC, and SRAP.

(e) Schedule CalRIM and SRAP training for agency staff who have records management duties.

(f) Review and approve agency records retention schedules before submission to CalRIM.

(g) Review and approve records retention schedules before submission to CalRIM.

(h) Review and approve agency destruction of records stored at the SRC.

(i) Facilitate annual disposition of agency records not stored at the SRC, including transfer of records to the SRC as well as destruction of records at the Document Destruction Center.

(j) Review and approve purchase or rental of filing equipment or shredders.

(k) Provide all requested reports, written justifications, requests for offsite storage approval, or any other retention schedule documentation to CalRIM or SRAP.

(l) Distribute announcements of records management activities.

(m) Notify the Secretary of State if a record is lost or destroyed before it has met the retention period specified on the agency’s approved retention schedule.

history: (History: Amended by Stats. 2023, Ch. 145, Sec. 6. (AB 1759) Effective January 1, 2024.)

article: 7. State Records Management Act


text:
(a) A record shall not be destroyed or otherwise disposed of by an agency of the state, unless it is determined by the Secretary of State that the record has no further administrative, legal, or fiscal value and the Secretary of State has determined that the record is inappropriate for preservation in the State Archives.

(b) The Secretary of State shall not authorize the destruction of a record subject to audit until the Secretary of State has determined that the audit has been performed.

(c) The Secretary of State shall not authorize the destruction of all or any part of an agency rulemaking file subject to Section 11347.3.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 59. (AB 378) Effective January 1, 2022.)

article: 7. State Records Management Act


text:
(a) The records of a state agency may be microfilmed, electronically data imaged, or otherwise photographically reproduced and certified upon the written authorization of the head of the agency. The microfilming, electronic data imaging, or photographic reproduction shall be made in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute or the Association for Information and Image Management, and as adopted by the Secretary of State, for recording of permanent records or nonpermanent records.

(b) The certification of each reproduction or set of reproductions shall be in accordance with the standards, or have the approval, of the Attorney General. The certification shall contain a statement of the identity, description, and disposition or location of the records reproduced, the date, reason, and authorization for the reproduction, and other information that the Attorney General requires.

(c) The certified reproductions shall be deemed to be original records for all purposes, including introduction in courts of law and state agencies.

article: 7. State Records Management Act


text: A person, other than a temporary employee, serving in the state civil service and employed by the Department of General Services in the California State Records and Information Management Program shall remain in the state civil service and is hereby transferred to the Secretary of State. The status, position, and rights of the person shall not be affected by the transfer and shall continue to be retained by the person pursuant to the State Civil Service Act.

article: 7. State Records Management Act


text: All equipment and records in the California State Records and Information Management Program in the Department of General Services are transferred to the Secretary of State.

article: 7. State Records Management Act


text: If a record of a state agency has been lost or destroyed by conflagration or other public calamity, the Secretary of State may acquire the right to reproduce any portion of a public record plant as is necessary for the purpose of restoring or replacing the record or its substance.

article: 7. State Records Management Act


text: The Treasurer may appoint one deputy treasurer at the annual salary as the Treasurer shall establish. The Treasurer may also designate and appoint, or terminate the designation and appointment of, an officer or employee of the Treasurer’s office, in addition to the deputy treasurer, to have the powers and liabilities of a deputy. The appointment or termination of appointment shall be effective upon signing by the Treasurer. The Treasurer may also appoint and fix the salaries, subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), of those officers and employees as may be necessary to carry out the duties of the office.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 60. (AB 378) Effective January 1, 2022.)

chapter: 4. Treasurer

article: 1. General

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 4. Treasurer > 1. General


text: Peace officers of the Department of the California Highway Patrol shall make routine inspections of the premises of the Treasurer’s office after normal working hours each day and on Saturdays, Sundays, and holidays.

history: (History: Amended by Stats. 2012, Ch. 227, Sec. 3. (SB 1578) Effective January 1, 2013.)

article: 1. General


text:
The Treasurer may contract for and secure insurance against the loss of securities and money in the Treasurer’s custody from any insurable risk whatsoever.

The amount of insurance obtained shall not exceed the daily average amount of cash and securities respectively, in the custody of the Treasurer in the preceding year.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 61. (AB 378) Effective January 1, 2022.)

article: 1. General


text: The Treasurer shall receive and keep in the vaults of the State Treasury or deposit in banks or credit unions all moneys belonging to the state, not required to be received and kept by some other person. Bonds, and other securities or investments belonging to the state, except those of the Public Employees’ Retirement System and the State Teachers’ Retirement System, shall be received by the Treasurer and kept in the vaults of the State Treasury or may be deposited by the State Treasurer for safekeeping with any federal reserve bank or any branch thereof, or with any trust company, or the trust department of any state or national bank located in a city designated as a reserve or central reserve city by the Board of Governors of the Federal Reserve System.

history: (History: Amended by Stats. 2001, Ch. 430, Sec. 7. Effective January 1, 2002.)

article: 2. Duties

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 4. Treasurer > 2. Duties


text: The Treasurer shall not receive money into the Treasury unless it is certified by the Controller as provided for in Section 12414.

history: (History: Amended by Stats. 1957, Ch. 1245.)

article: 2. Duties


text: The Treasurer shall endorse a memorandum receipt upon documents accompanying money transmitted for deposit into the Treasury.

article: 2. Duties


text: The Treasurer shall pay warrants drawn by the Controller, except warrants canceled pursuant to law.

history: (History: Amended by Stats. 1957, Ch. 1655.)

article: 2. Duties


text: The Treasurer may attach to or indorse upon warrants drawn by the Controller an order directing payment by any bank or credit union in which money of the state is on deposit. Upon presentation for payment, the person to whom it is paid shall receipt therefor in the manner customary in the payment of bank or credit union checks. The Treasurer shall deliver daily to the Controller all canceled warrants, taking the Controller’s receipt therefor.

history: (History: Amended by Stats. 2001, Ch. 430, Sec. 8. Effective January 1, 2002.)

article: 2. Duties


text: The Treasurer shall keep an account of all money received and disbursed.

article: 2. Duties


text: The Treasurer shall report daily to the Controller the amounts disbursed during the preceding day and the funds out of which the disbursements were paid.

history: (History: Amended by Stats. 1957, Ch. 1288.)

article: 2. Duties


text: On or before the fifteenth day of September in each even-numbered year, the Treasurer shall report to the Governor the exact balance in the treasury to the credit of the State, and a summary of the receipts and payments of the treasury during the two preceding fiscal years.

history: (History: Added by Stats. 1945, Ch. 111.)

article: 2. Duties


text:
(a) At the request of either house of the Legislature, or of a committee thereof, the Treasurer shall give written information as to the condition of the State Treasury, or upon a subject relating to the duties of the Treasurer’s office.

(b) The Treasurer annually shall prepare a debt affordability report, to be presented to the Governor and the Legislature by October 1 of each year.

(1) The report is intended to be a framework for the Legislature to evaluate and establish priorities for bills that propose the authorization of additional state debt supported by the General Fund, excluding self-liquidating general obligation debt, during the budget year. The report may also be used to determine the amount to appropriate for debt service for the budget year.

(2) The report shall include the following information:

(A) A listing of authorized but unissued debt that the Treasurer intends to sell during the current year and the budget year and the projected increase in debt service as a result of those sales.

(B) A description of the market for state bonds.

(C) An analysis of the ratings of state bonds.

(D) A listing of outstanding debt supported by the General Fund.

(E) A listing of authorized but unissued debt that would be supported by the General Fund.

(F) A schedule of debt service requirements for the items included in subparagraph (D).

(G) Identification of pertinent debt ratios, such as debt service to General Fund revenues, debt to personal income, debt to estimated full-value of property, and debt per capita.

(H) A comparison of the debt ratios prepared for subparagraph (G) with the comparable debt ratios for the 10 most populous states.

(I) A description of the percentage of the state’s outstanding general obligation bonds constituting fixed rate bonds, variable rate bonds, bonds that have an effective fixed interest rate through a hedging contract, and bonds that have an effective variable interest rate through a hedging contract. The report shall also include, for each outstanding hedging contract, a description of the hedging contract, the outstanding notional amount, the effective date, the expiration date, the name and ratings of the counterparty, the rate or floating index paid by the state and the rate or floating index paid by the counterparty, and a summary of the performance of the state’s hedging contracts in comparison to the objectives for which the hedging contracts were executed.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 62. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text:
Notwithstanding any general or specific law to the contrary, whenever any law or whenever any state agency or officer requires that a pledge of money be made to secure the performance of an act or duty, the pledges shall first be approved by the governing or administrating state agency or officer and, upon the written order of the state agency or officer, shall be deposited with the Treasurer in accordance with Sections 16305 to 16305.7, inclusive.

All money deposited with the Treasurer pursuant to this section shall be held by the Treasurer subject to law and the written order or instructions of the state agency or official making or authorizing the deposit and the state shall be responsible for the safe return thereof.

history: (History: Amended by Stats. 1983, Ch. 751, Sec. 1.)

article: 2. Duties


text: The Treasurer is designated as an elected representative of the state to approve the issuance of bonds, notes, or other evidences of indebtedness, issued by or on behalf of the state, to the extent this approval is required by federal tax law. In the event the Treasurer is unavailable and the Treasurer’s office notifies the issuer of this fact, at the request of the Governor or the Governor’s designee, the Attorney General is designated as an elected representative of the state who may approve the issuance upon request by the issuer, to the extent this approval is required by federal tax law.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 63. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text:
(a) The Treasurer may act as trustee, registrar, paying agent, tender agent, custodian, depository, transfer agent, fiscal agent, or in any other fiduciary or representative capacity for any purpose permitted by law, and may accept and execute any trust business permitted by any law of this state or of the United States in connection with the authorization, issuance, sale, and delivery of any and all manner of lease, installment sale or purchase agreement, bond, note, bond anticipation note, certificate of participation, or other obligation or certificate evidencing an obligation of the state or any department, agency, board, commission, authority, or other entity of the state or of which the state is a member.

(b) When acting in any capacity authorized by subdivision (a), the Treasurer may exercise all powers that may be exercised by any private person, corporation, bank, trust company, or legal entity in this state.

(c) This section constitutes separate and complete authority for the Treasurer to act in accordance with the terms hereof, and is also additional and supplemental to any other law concerning the powers of the Treasurer.

history: (History: Added by Stats. 1989, Ch. 1366, Sec. 3. Effective October 2, 1989.)

article: 2. Duties


text:
(a) As soon as April 1, 2022, but no later than one year after the effective date of this chapter, the Treasurer, in consultation with the California Housing Finance Agency, the California Department of Housing and Community Development, and other relevant stakeholders, shall develop a framework for a program called the California Dream For All Program, in accordance with the goals and intent of this section, and submit a report outlining the framework for the program to the Legislature in accordance with Section 9795. The report shall include, but not be limited to, the structure of the program, the administering entity, the program’s financial structure, the type of financial assistance offered to homeowners, and analysis of the feasibility of establishing the program, financial risks to the State of California and the costs and benefits of the program compared to available alternatives and existing programs and how these costs and risks compare to the costs and risks to society of continuing current barriers to homeownership for working families and not combating systemic racism and inequities that have kept generations from building wealth and thriving in the middle class.

(b) The goals of the California Dream For All Program shall include, but not be limited to, all of the following:

(1) Making home ownership more affordable by reducing the cost of home ownership by up to 45 percent for lower and moderate-income Californians, including, but not limited to, Californians impacted by generational barriers to home ownership due to systemic racism, Californians that lost homes during the Great Recession and have not returned to home ownership, and Californians with substantial higher education student loan debt.

(2) Enabling homebuilders and sellers of existing homes to sell homes at a price that is ultimately affordable to lower and moderate-income Californians while also profitable for homebuilders and sellers of existing homes.

(3) Evolving the program over time to be self-sustaining utilizing private investments to create a self-sustaining model.

(4) Establishing a program to support first-time home buyers purchase a home in partnership with another entity, with the home buyer owning the majority share, with generally all the rights and responsibilities of homeownership, and the other entity owning a minority share, primarily as an investment.

(c) It is the intent of the Legislature that the California Dream For All Program include the following elements:

(1) Income limits for Californians and price limits for homes eligible for the program, both on a regional basis.

(2) Options for initial capitalization for the California Dream For All Fund.

(3) Ongoing state financial support limited to nominal administrative costs.

(4) Potential incentives to encourage private participation.

(5) An option for participating lower and moderate-income Californians with higher education student debt to mitigate the impact of the combined student debt and home mortgage debt burden.

(6) Notwithstanding any other provision of the program, a requirement that any home buyers assisted through the program be responsible for all maintenance costs, ad valorem property taxes and special taxes, and insurance requirements for the home.

(d) It is the intent of the Legislature that the California Dream For All program be enacted through statute as early as 2022 based on, but not limited to, the report required by this section.

history: (History: Added by Stats. 2021, Ch. 111, Sec. 1. (AB 140) Effective July 19, 2021.)

article: 2. Duties


text: The Controller may organize the Controller’s office into divisions and may, in conformity with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5) and the State Constitution, appoint deputy controllers, chiefs of divisions, and other subordinate officers and employees as may be necessary for the proper conduct of the office. In addition to deputy controllers that may hold title and office pursuant to the power of appointment vested in the Controller by Section 4 of Article VII of the State Constitution or pursuant to appointment of an established classification in the state civil service, the Controller may designate and appoint, or terminate the designation and appointment of, any officers or employees of the Controller’s office having status in other classifications in the state civil service, to act as deputy controllers while performing the duties of their established classifications. Appointments and terminations of appointments made pursuant to this section shall be effective when signed by the Controller.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 64. (AB 378) Effective January 1, 2022.)

chapter: 5. Controller

article: 1. General

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 5. Controller > 1. General


text: The Controller may designate any one or more of the Controller’s employees to administer oaths in respect to returns, reports, affidavits, or other documents that are required to be filed with the Controller.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 65. (AB 378) Effective January 1, 2022.)

article: 1. General


text: All deputy controllers, chiefs of divisions, assistant chiefs of divisions, attorneys, district managers, investigators, and financial data compiler in the State Controller’s Office shall be civil executive officers. The Controller may designate and appoint, or terminate the designation and appointment of, those other officers or employees of the Controller’s office to serve as civil executive officers while performing the duties of their established classifications in the state civil service; those appointments or terminations of appointments to be effective when filed by the Controller in writing in the office of the Secretary of State.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 66. (AB 378) Effective January 1, 2022.)

article: 1. General


text: For the purposes of Article 2 (commencing with Section 11180) of Chapter 2 of Part 1, the State Controller shall be deemed to be a head of a department and the Office of State Controller shall be deemed to be a department.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 107.)

article: 1. General


text: In addition to the positions authorized by subdivision (c) of Section 4 of Article VII of the California Constitution for the Controller, the Governor, with the recommendation of the Controller, shall appoint three deputies of the Controller’s office who shall be exempt from state civil service. Appointments to these exempt positions shall not result in any net increase in the expenditures of the Controller.

history: (History: Added by Stats. 2003, Ch. 228, Sec. 12. Effective August 11, 2003.)

article: 1. General


text: The Controller shall superintend the fiscal concerns of the state. The Controller shall audit all claims against the state, and may audit the disbursement of any state money, for correctness, legality, and for sufficient provisions of law for payment. Whenever, in the Controller’s opinion, the audit provided for by Chapter 4 (commencing with Section 925), Part 3, Division 3.6 of Title 1 of this code is not adequate, the Controller may make a field or other audit of any claim or disbursement of state money as may be appropriate to that determination.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 67. (AB 378) Effective January 1, 2022.)

article: 2. Duties

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 3. EXECUTIVE DEPARTMENT > 5. Controller > 2. Duties


text:
(a) The Controller shall receive every audit report prepared for any local agency, as defined in Section 53890, in compliance with the federal Single Audit Act of 1984 (31 U.S.C. Sec. 7501 et seq.) and required under any law to be submitted to any state agency, and shall, after ascertaining its compliance with that federal act, transmit the report to the designated state agency.

(b) The audit report shall be submitted to the Controller within nine months after the end of the period audited or pursuant to applicable federal or state law.

(c) An audit report for any local agency submitted to the Controller pursuant to this section shall comply with the Government Auditing Standards issued by the Comptroller General of the United States.

(d) If a local agency does not submit the audit report required by this section to the Controller by the due date established in subdivision (b) of this section, the Controller may appoint a qualified certified public accountant or public accountant to complete the report and to obtain the information required. Any cost incurred by the Controller pursuant to this subdivision, including a contract with, or the employment of, the certified public accountant or public accountant, in completing the audit shall be borne by the local agency and shall be a charge against any unencumbered funds of the local agency.

(e) Before appointing a certified public accountant or public accountant pursuant to subdivision (d), the Controller shall first notify a local agency of its failure to submit the audit report and give the local agency a reasonable amount of time to submit the report.

(f) The Controller shall refer any matters of unprofessional conduct, as defined in Section 5100 of the Business and Professions Code, and multiple and repeated failures to disclose noncompliant acts to the California Board of Accountancy.

history: (History: Amended by Stats. 2012, Ch. 231, Sec. 1. (AB 1345) Effective January 1, 2013.)

article: 2. Duties


text:
(a) An audit for any local agency, including those submitted to the Controller pursuant to subdivision (a) of Section 12410.5, shall be made by a certified public accountant or public accountant, licensed by, and in good standing with, the California Board of Accountancy.

(b) Commencing with the 2013–14 fiscal year, a local agency shall not employ a public accounting firm to provide audit services to a local agency if the lead audit partner or coordinating audit partner having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local agency for six consecutive fiscal years. For purposes of calculating the six consecutive fiscal years, the local agency shall not take into account any time that a public accounting firm was employed by that local agency prior to the 2013–14 fiscal year. The Controller may waive this requirement if the Controller finds that another eligible public accounting firm is not available to perform the audit.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 68. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text: The Controller shall suggest plans for the improvement and management of the public revenues.

article: 2. Duties


text: The Controller shall keep and state all accounts in which the State is interested and keep a separate account under the head of each specific appropriation, showing at all times the undisbursed balance of the appropriation.

history: (History: Amended by Stats. 1961, Ch. 1298.)

article: 2. Duties


text:
The Controller shall:

(a) Account for expenditures as scheduled in the Budget Act. This accounting shall utilize the uniform code structure developed jointly by the Department of Finance and the Controller.

(b) Account for receipt of all federal funds and cross-reference such funds by federal and state activity utilizing the federal revenue accounting system developed by the Department of Finance pursuant to Section 13300.

(c) Report monthly on each department’s annual expenditure plan, comparing budget expenditures and actual expenditures as scheduled in the Budget Act and fund source.

(d) Report monthly on revenue with a comparison between actual and estimated revenue.

(e) Maintain a file of all records prepared or maintained by the Controller. The file shall be made available for purposes of the fiscal data system developed pursuant to subdivision (i) of Section 13337.

Reporting requirements under subdivisions (a) to (e), inclusive, of this section may be deemed satisfied upon making data available to the fiscal information system developed pursuant to subdivision (i) of Section 13337.

history: (History: Amended by Stats. 1984, Ch. 1286, Sec. 3.)

article: 2. Duties


text: The Controller shall keep an account between the State and the Treasurer and charge the Treasurer with the balance in the treasury when he comes into office and with all money received by him, and credit him with all warrants drawn on and paid by him.

article: 2. Duties


text: The Controller may require any person, presenting an account for settlement, to be sworn before him and to answer orally or in writing as to any facts relating to it.

article: 2. Duties


text: The Controller shall require all persons who have received any money belonging to the State and have not accounted for it to settle their accounts and may inspect the books of any person charged with the receipt, safekeeping, or disbursement of public money.

article: 2. Duties


text: The Controller may require all persons who have received money or securities, or have had the disposition or management of any property of the state of which an account is kept in the Controller’s office to render statements thereof to the Controller. Those persons shall render statements in the timeframe and format required by the Controller.

history: (History: Amended by Stats. 2021, Ch. 50, Sec. 69. (AB 378) Effective January 1, 2022.)

article: 2. Duties


text:
The Controller shall direct and superintend the collection of all money due the State, and institute suits in its name:

(a) For all official delinquencies in relation to the assessment, collection, and payment of the revenue.

(b) Against persons who by any means have become possessed of public money or property and fail to pay it over or deliver it.

(c) Against all debtors of the State.

If the action is commenced in a court of competent jurisdiction in Sacramento County such court is the proper court for trial, without regard to the residence of the defendants.

history: (History: Added by Stats. 1945, Ch. 111.)

article: 2. Duties


text:
The Controller shall state an account with any person who:

(a) Has received money or has money or other personal property which belongs to the State by escheat or otherwise, or has been intrusted with the collection, management, or disbursement of any money, bonds, or interest accruing therefrom, belonging to or held in trust by the State, and fails to render an account thereof to and make settlement with the Controller within the time prescribed by law, or when no particular time is specified, fails to render such account and make settlement.

(b) Fails to pay into the State treasury any money belonging to the State upon being required so to do by the Controller, within 20 days after such requisition.

In stating such an account, the Controller shall charge 25 per cent damages, and interest at the rate of 10 per cent annually from the time of the failure.

In any action based thereon a copy of such an account is prima facie evidence of the things therein stated. If the Controller can not for want of information state an account, he may in any action brought by him aver that fact, and allege generally the amount of money or other property which is due or belongs to the State.

article: 2. Duties


text:
(a) The Controller shall, under the authority to offset granted by Section 12419.5 and in conjunction with the Franchise Tax Board, develop a program to provide for multiple offsets with adjustable priorities and, when a joint return is filed, the ability to cross-match the liable person’s social security number.

(b) The Controller shall charge, by arrangement with the entities who elect to participate in the program, an amount sufficient to reimburse the Controller and the Franchise Tax Board for the costs of administration of the program. State agencies participating in the offset program may add the cost of collection, as determined by the Controller, to the amount due the agency.

history: (History: Added by Stats. 1984, Ch. 1581, Sec. 1. Effective September 30, 1984.)

article: 2. Duties


text:
The Controller shall offset delinquent accounts against personal income tax refunds that have been certified by the Franchise Tax Board, in the following priority:

(a) The nonpayment of child or family support accounts enforced by a local child support agency.

(b) The nonpayment of child or family support accounts enforced by someone other than a local child support agency.

(c) The nonpayment of spousal support accounts enforced by a local child support agency.

(d) The nonpayment of spousal support accounts enforced by someone other than a local child support agency.

(e) The nonpayment of penalties to the Restitution Fund.

(f) The benefit overpayment accounts administered by the Employment Development Department if no signed reimbursement agreement exists, or if two consecutive payments on a reimbursement agreement are delinquent at any time.

(g) The other offset accounts in the priority determined by the Controller.

history: (History: Amended by Stats. 2009, Ch. 578, Sec. 1. (SB 314) Effective January 1, 2010.)

article: 2. Duties


text:
(a) Notwithstanding any other provision of this article, the payments authorized pursuant to Section 8161 of the Welfare and Institutions Code shall not be used to offset any delinquent accounts.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Added by Stats. 2022, Ch. 51, Sec. 1. (AB 192) Effective June 30, 2022. Repealed as of January 1, 2027, by its own provisions.)

article: 2. Duties


text:
(a) Notwithstanding any other provision of this article, for taxable years beginning on or after January 1, 2024, the Controller shall not offset delinquent accounts against the personal income tax refunds of an individual who received the earned income tax credit under Section 17052 of the Revenue and Taxation Code, the young child tax credit under Section 17052.1 of the Revenue and Taxation Code, or the foster youth tax credit under Section 17052.2 of the Revenue and Taxation Code, for the taxable year.

(b) This section shall not apply to delinquent accounts for the nonpayment of child or family support.

history: (History: Amended by Stats. 2023, Ch. 55, Sec. 1. (SB 131) Effective July 10, 2023.)

article: 2. Duties


text: Notwithstanding any other provision of this article, the payments authorized pursuant to Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code shall not be used to offset any delinquent accounts.

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 3. (SB 242) Effective January 1, 2025.)

article: 2. Duties