citation: GOV § 8345

text:
(a) The Department of General Services shall apply for federal funds made available through the federal Community Access to Emergency Defibrillation Act of 2002 (Public Law 107-188) for the purchase of automated external defibrillators to be located within state-owned and leased buildings.

(b) Subject to the receipt of federal funds for this purpose, the Department of General Services shall, in consultation with the Emergency Medical Services Authority, the American Red Cross, and the American Heart Association, develop and adopt policies and procedures relative to the placement and use of automated external defibrillators in state-owned and leased buildings and ensure that training is consistent with Section 1797.196 of the Health and Safety Code and the regulations adopted pursuant to that section. In these consultations, the department may consider all of the following:

(1) Whether the public has access to the state-owned or leased building.

(2) Placement within the building that maximizes access to the device.

(3) The manufacturer’s and the medical community’s directions regarding placement and use of the device.

(4) The appropriate oversight and maintenance of the device at a particular location.

(5) Whether to require those who are trained to use the automated external defibrillators pursuant to Emergency Medical Services Authority standards to receive cardiopulmonary resuscitation training.

(c) The policies and procedures adopted pursuant to this section shall be consistent with Section 3400 of Title 8 of the California Code of Regulations.

history: (History: Added by renumbering Section 8455 by Stats. 2017, Ch. 561, Sec. 69. (AB 1516) Effective January 1, 2018.)

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.4. Automated External Defibrillators in State Buildings


kind: section

code: GOV

citation: GOV § 8350

text: This chapter shall be known, and may be cited, as the Drug-Free Workplace Act of 1990.

history: (History: Added by Stats. 1990, Ch. 1170, Sec. 1.)

division: 1. GENERAL

chapter: 5.5. Drug-Free Workplace

article: 1. Definitions

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.5. Drug-Free Workplace > 1. Definitions


citation: GOV § 8351

text:
As used in this chapter:

(a) “Drug-free workplace” means a site for the performance of work done in connection with a specific grant or contract described in Article 2 (commencing with Section 8355) of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.

(b) “Employee” means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the grant or contract described in Article 2 (commencing with Section 8355) .

(c) “Controlled substance” means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. Sec. 812).

(d) “Grantee” means the department, division, or other unit of a person or organization responsible for the performance under the grant.

(e) “Contractor” means the department, division, or other unit of a person or organization responsible for the performance under the contract.

title: 2. GOVERNMENT OF THE STATE OF CALIFORNIA

article: 1. Definitions


citation: GOV § 8355

text:
(a) Every person or organization awarded a contract or a grant for the procurement of any property or services from any state agency shall certify to the contracting or granting agency that it will provide a drug-free workplace by doing all of the following:

(1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying the actions that will be taken against employees for violations of the prohibition.

(2) Establishing a drug-free awareness program to inform employees about all of the following:

(A) The dangers of drug abuse in the workplace.

(B) The person’s or organization’s policy of maintaining a drug-free workplace.

(C) Any available drug counseling, rehabilitation, and employee assistance programs.

(D) The penalties that may be imposed upon employees for drug abuse violations.

(3) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

(b) (1) The certification requirement set forth in subdivision (a) does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less.

(2) The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases.

history: (History: Amended by Stats. 2005, Ch. 381, Sec. 1. Effective January 1, 2006.)

article: 2. State Contractors and Grantees

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.5. Drug-Free Workplace > 2. State Contractors and Grantees


citation: GOV § 8356

text:
(a) Each contract or grant awarded by a state agency may be subject to suspension of payments under the contract or grant or termination of the contract or grant, or both, and the contractor or grantee thereunder may be subject to debarment, in accordance with the requirements of this article, if the contracting or granting agency determines that any of the following has occurred:

(1) The contractor or grantee has made a false certification under Section 8355.

(2) The contractor or grantee violates the certification by failing to carry out the requirements of subdivisions (a) to (c), inclusive, of Section 8355.

(b) The Department of General Services shall establish and maintain a list of individuals and organizations whose contracts or grants have been canceled due to failure to comply with this chapter. This list shall be updated monthly and published each month. No state agency shall award a contract or grant to a person or organization on the published list until that person or organization has complied with this chapter.

(c) Every state agency that directly awards grants without review by the Department of General Services shall immediately notify the department of any individual or organization that has an award canceled on the basis of violation of this chapter.

article: 2. State Contractors and Grantees


citation: GOV § 8357

text: This chapter shall not be construed to require any contractor or grantee to ensure that other businesses with which it subcontracts also provide drug-free workplaces.

article: 2. State Contractors and Grantees


citation: GOV § 8400

text:
As used in this chapter, except as otherwise provided:

(a) “Director” means the Director of the Governor’s Office of Service and Community Engagement.

(b) “Office” means the Governor’s Office of Service and Community Engagement established in this article.

history: (History: Repealed and added by Stats. 2024, Ch. 41, Sec. 30. (SB 164) Effective June 29, 2024.)

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.6. Governor’s Office of Service and Community Engagement > 1. Establishment and Functions of the Governor’s Office of Service and Community Engagement


citation: GOV § 8401

text:
(a) The Governor’s Office of Service and Community Engagement is hereby established in state government in the Governor’s office. The office shall be under the direct control of a Director of the Governor’s Office of Service and Community Engagement, who shall be responsible to the Governor.

(b) The Governor’s Office of Service and Community Engagement shall engage Californians in service, volunteering, and civic action to tackle our state’s most pressing challenges.

(c) The Governor shall appoint the Director of the Governor’s Office of Service and Community Engagement, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consultant services in connection with the work of the office.

(d) The salary of the Director of the Governor’s Office of Service and Community Engagement shall be fixed pursuant to Section 12001.

history: (History: Added by Stats. 2024, Ch. 41, Sec. 30. (SB 164) Effective June 29, 2024.)

chapter: 5.6. Governor’s Office of Service and Community Engagement

article: 1. Establishment and Functions of the Governor’s Office of Service and Community Engagement


citation: GOV § 8402

text:
The work of the office shall be organized within the following offices or programs:

(a) CaliforniaVolunteers.

(b) The Office of Community Partnerships and Strategic Communications.

(c) The California Youth Empowerment Commission established by the California Youth Empowerment Act (Chapter 3.4 (commencing with Section 8261)).


citation: GOV § 8403

text:
Commencing on July 1, 2024, each of the following shall occur:

(a) The Governor’s Office of Service and Community Engagement in the office of the Governor, succeeds to, and is vested with, all the duties and responsibilities of the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, related to the administration or implementation of the programs or offices set within the Office of Service and Community Engagement pursuant to Section 8402.

(b) All books, documents, and records, including, but not limited to, outreach campaign supplies and print materials, of the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, pertaining to functions transferred to the Office of Service and Community Engagement under this chapter shall be transferred to the Governor’s Office of Service and Community Engagement.

(c) Any action by or against the Governor’s Office of Land Use and Climate Innovation and any of its predecessors, including the Governor’s Office of Planning and Research, pertaining to matters vested in the Governor’s Office of Service and Community Engagement under this chapter, shall not abate but shall continue in the name of the Governor’s Office of Service and Community Engagement and shall be transferred to the Governor’s Office of Service and Community Engagement as soon as reasonably feasible.

(d) No contract, license, or other agreement to which the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, is a party related to any of the programs or offices within the Governor’s Office of Service and Community Engagement pursuant to Section 8402, shall be void or voidable by reason of this chapter, but shall continue in full force and effect under the terms of the contract, with the Governor’s Office of Service and Community Engagement assuming all of the rights, obligations, liabilities, and duties of the Governor’s Office of Land Use and Climate Innovation under the contract, license, or other agreement.

(e) Notwithstanding subdivisions (a) to (d), inclusive, the Governor’s Office of Land Use and Climate Innovation, by contract or other agreement, may provide contracting, administrative, and other services to the Governor’s Office of Service and Community Engagement and may receive funds on its behalf.

(f) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the Governor’s Office of Service and Community Engagement by this chapter shall be transferred to the Governor’s Office of Service and Community Engagement for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure the proper implementation of the transfer of duties, powers, and responsibilities from the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, to the Governor’s Office of Service and Community Engagement, as described in this chapter.


citation: GOV § 8405

text: CaliforniaVolunteers, as established by Executive Order S-24-06, is hereby established in the Governor’s Office of Service and Community Engagement.

article: 2. CaliforniaVolunteers

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.6. Governor’s Office of Service and Community Engagement > 2. CaliforniaVolunteers


citation: GOV § 8406

text:
The CaliforniaVolunteers shall engage Californians in service, volunteering, and civic action to tackle our state’s most pressing challenges. The CaliforniaVolunteers shall do the following:

(a) Administer the Youth Jobs Corps, Climate Action Corps, College Corps, and AmeriCorps California Programs.

(b) Promote the use of service members and volunteers in California, including in emergency response.

(c) Oversee the CaliforniaVolunteers Commission established in Article 3 (commencing with Section 8410).

article: 2. CaliforniaVolunteers


citation: GOV § 8407

text:
(a) CaliforniaVolunteers, as established by Executive Order S-24-06 and Section 8405, is authorized to form a nonprofit public benefit corporation or other entity exempt from income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code or Section 23701d of the Revenue and Taxation Code to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Grants or financial support received by the nonprofit public benefit corporation or other entity shall be used solely for the governmental purposes approved by CaliforniaVolunteers for activities within the scope of authority of CaliforniaVolunteers. No more than 10 percent of the grants and financial support received by the nonprofit public benefit corporation or other entity may be used to pay for the administrative costs of that nonprofit public benefit corporation or other entity.

(b) The mission of the nonprofit public benefit corporation or other entity is as follows:

(1) To support the funding of CaliforniaVolunteers programming and administrative costs.

(2) To support any priorities set forth by the Governor or the CaliforniaVolunteers Board of Commissioners.

article: 2. CaliforniaVolunteers


citation: GOV § 8410

text:
As used in this article:

(a) “Act” means the National and Community Service Trust Act, codified in Section 12501 et seq. of Title 42 of the United States Code.

(b) “Commission” means the Board of Commissioners under CaliforniaVolunteers, as named in subdivision (a) of Section 8411, which is the State Commission on National and Community Service for purposes of the act, including the requirements of Section 12638 of Title 42 of the United States Code, and the act’s implementing rules and regulations.

article: 3. CaliforniaVolunteers Commission

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.6. Governor’s Office of Service and Community Engagement > 3. CaliforniaVolunteers Commission


citation: GOV § 8411

text:
(a) There is continued into existence a Board of Commissioners under CaliforniaVolunteers.

(b) For purposes of fulfilling the requirements of the act, the commission shall do all of the following:

(1) Take all actions necessary to meet the requirements of the act and its implementing rules and regulations.

(2) Be responsible for the duties described in Section 12638(e) of Title 42 of the United States Code.

(3) Be appointed by the Governor and function pursuant to the requirements in Section 12638 of Title 42 of the United States Code.

(c) The commission may also do any of the following for purposes of supporting CaliforniaVolunteers:

(1) Advise and participate in the work of CaliforniaVolunteers, including, but not limited to, policy, communication and program decisionmaking, and special initiatives, by attending meetings and participating on committees, working groups, and task forces.

(2) Conduct outreach to specific constituencies, including, but not limited to, government, nonprofit, business, and labor, to seek these constituencies’ participation in and support of CaliforniaVolunteers activities and programs.

(3) Coordinate with other state agencies and volunteer service programs to ensure a comprehensive and integrated service system within the state.

(4) Promote community service throughout the state by representing CaliforniaVolunteers at service-related events and venues.

(5) Support programs funded by CaliforniaVolunteers by participating in site visits and speaking at launch or graduation activities.

article: 3. CaliforniaVolunteers Commission


citation: GOV § 8412

text:
(a) The Governor shall appoint 25 voting members to the commission as follows:

(1) In compliance with the act, the commission’s voting members shall include at least all of the following:

(A) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.

(B) An individual with expertise in promoting the involvement of older adults in service and volunteerism.

(C) A representative of community-based agencies or organizations within the state.

(D) The Superintendent of Public Instruction.

(E) A representative of local government.

(F) A representative of local labor organizations.

(G) A representative of business.

(H) An individual between 16 and 25 years of age, inclusive, who is a participant or supervisor of a service program for schoolage youth, or of a campus-based or national service program.

(I) A representative of a qualifying national service program.

(2) (A) Subject to subparagraph (B), the Governor shall appoint two voting members as follows:

(i) One representative recommended for appointment consideration by the President pro Tempore of the Senate.

(ii) One representative recommended for appointment consideration by the Speaker of the Assembly.

(B) For purposes of subparagraph (A), within 30 days from the date of receipt of names of recommended representatives from the President pro Tempore of the Senate or Speaker of the Assembly, the Governor shall appoint a representative or shall notify the President pro Tempore of the Senate or Speaker of the Assembly, as applicable, that the Governor rejects all recommended representatives and requests additional recommendations. Within 45 days from the date of receipt of a notice that all recommended representatives are rejected, the President pro Tempore of the Senate or Speaker of the Assembly, as applicable, shall nominate and send to the Governor the names of additional recommended representatives.

(3) The Governor shall appoint all other voting members to the commission in compliance with the act.

(b) (1) A representative of the Corporation for National and Community Service, as designated under Section 12651f(c) of Title 42 of the United States Code, shall serve as an ex officio, nonvoting member.

(2) The Governor may appoint to the commission other ex officio, nonvoting members in compliance with Section 12638 of Title 42 of the United States Code.

(c) The Governor may designate an honorary chairperson for the commission.

(d) (1) No more than 50 percent of the commission, plus one member, shall be from the same political party.

(2) Appointments made pursuant to this section shall also comply with all other requirements of Section 12638 of Title 42 of the United States Code.

(e) Voting members of the commission shall serve at the pleasure of the Governor for renewable terms of three years.

article: 3. CaliforniaVolunteers Commission


citation: GOV § 8413

text: Members of the commission shall serve without compensation, but may be reimbursed for travel expenses and receive a per diem as appropriate and in compliance with Section 12638 of Title 42 of the United States Code.

article: 3. CaliforniaVolunteers Commission


citation: GOV § 8415

text:
(a) It is the intent of the Legislature that through the creation of a single state entity to coordinate California’s most important statewide public awareness and community outreach campaigns, the state can realize more inclusive and effective outcomes while preventing equity gaps in statewide outreach. The office will use data-driven decisions to help the state make more informed resource allocations, targeted strategies, and rapid response efforts to better serve Californians, as well as help remove or reduce barriers that many small, community-based organizations face when attempting to partner with the state.

(b) The Legislature finds and declares all of the following:

(1) California is a uniquely diverse state that is home to a multitude of different communities with various needs and perspectives. The state’s diversity and size likewise present unique challenges in the statewide communication of critical information and resources in a timely and equitable manner.

(2) In light of the unprecedented scale of the challenges that California has faced in recent years and continues to face today, the state must be able to coordinate and communicate effectively with the full range of communities that it serves, particularly with those who are experiencing the greatest health and social inequities.

(3) The state must incorporate the lessons learned from recent statewide public education campaigns into future efforts if the state intends to effectively reach and engage Californians, including those experiencing the greatest health and social inequities.

(4) The creation of a single entity to coordinate the highest priority statewide public information and outreach campaigns can ensure that the state is more inclusive, equitable, coordinated, and effective in its most important communication efforts. Likewise, such an entity can serve to help reduce or remove barriers to entry that many small, community-based organizations face when attempting to partner with the state in these efforts. Similarly, such an entity can help inform and implement best practices for engaging media specializing in non-English language and culturally resonant content.

(5) It is the intent of the Legislature that the creation of the office within the Governor’s Office of Service and Community Engagement will serve not only to streamline partnership efforts with community-based organizations and media throughout the state, but also to use data-informed decisions to help prevent and address equity gaps in statewide outreach, resource allocations, targeted strategies, and rapid response efforts.

(6) Work at the state level to coordinate high-priority public information and outreach campaigns is not intended to be a substitute for, and should be done in coordination with, similar efforts by cities, counties, cities and counties, and other governments.

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.6. Governor’s Office of Service and Community Engagement > 4. The Office of Community Partnerships and Strategic Communications


citation: GOV § 8416

text:
As used in this article:

(a) “Community-based organizations” means a public or private nonprofit organization of demonstrated effectiveness that represents a community or significant segments of a community and provides support and services to individuals in the community.

(b) “Executive officer” means the individual who manages the Office of Community Partnerships and Strategic Communications. The executive officer shall be appointed by the Governor and shall report to the director.

(c) “Intermediary” means a third-party governmental or private entity contracted by the office to perform grant and fund management and other services as required to manage and provide resources to the community-based organizations.

(d) “Office” means the Office of Community Partnerships and Strategic Communications.

article: 4. The Office of Community Partnerships and Strategic Communications


citation: GOV § 8417

text: The Office of Community Partnerships and Strategic Communications is hereby continued in existence in the Governor’s Office of Service and Community Engagement.


citation: GOV § 8418

text: Under the direction of the director, the executive officer shall initiate and execute campaigns related to the state’s highest priority public awareness and community outreach efforts.


citation: GOV § 8419

text:
(a) The Office of Community Partnerships and Strategic Communications is hereby established as an office within the Governor’s Office of Service and Community Engagement.

(b) The office shall serve as the manager of the state’s highest priority public awareness and community outreach efforts. In this role, the office shall do all of the following:

(1) Work with local community-based organizations and other partners statewide to engage Californians, including those experiencing the greatest health and social inequities, with culturally competent and relevant information with the goal of improving the quality of their lives and livelihoods. Similarly, work with media, including smaller outlets and platforms that reach these audiences.

(2) Work in partnership with select state entities to develop and execute multiple public awareness and outreach efforts simultaneously.

(3) Develop and support a network of community-based organizations, philanthropic organizations, and other partners to support the office’s core mission and goals.

(4) Create funding programs and opportunities that support both state and community outreach and communication needs and interests.

(5) Serve as a key informational resource to assist community-based organizations, local governments, philanthropic organizations, and other partners in obtaining relevant information from state entities as well as to share community insights and information with state partners related to campaigns overseen by the office.

(6) Collaborate with state agencies to review state contracting options for community-based organizations, philanthropic organizations, and other partners.

(7) Leverage and, as relevant, institutionalize the infrastructure, work, and lessons learned from the 2020 federal decennial census and COVID-19 public awareness and community engagement campaigns.

(8) Leverage the unique structure, expertise, relationships and powers of the Governor’s Office of Service and Community Engagement to more effectively achieve the goals and mission of the office.


citation: GOV § 8420

text:
(a) In the selection of its awareness and outreach campaigns, the office shall consider all of the following criteria:

(1) “Equity,” meaning the ability to target audiences that include Californians who are disproportionately impacted or experience the greatest health and social inequities.

(2) “Data-informed decisions,” meaning respective agencies and departments that have or can provide issue-specific data to inform strategy and evaluation.

(3) “Actionable areas,” meaning issues that have the opportunity to provide reliable and actionable information and resources that can empower impacted communities.

(4) “Risk severity and urgency,” meaning issues that present a threat or concern to the lives and livelihoods of the target audience.

(5) “Cross-agency coordination,” meaning issues that require coordination and collaboration across multiple agencies or departments.

(6) “Outcomes,” meaning issues that have clear, measurable goals.

(7) “Emergent matters,” meaning responsiveness to urgent, new, and emerging issues, including one-time investments.

(b) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for community partnerships or strategic communications.


citation: GOV § 8421

text:
(a) As part of its core objective of managing the state’s highest priority public awareness and community outreach efforts, and as informed by any guidelines and practices developed by it, the office shall prioritize streamlining partnerships between community-based organizations and the state, including identifying and working with state partners to eliminate barriers and structural challenges that may prevent community-based organizations from being able to engage in, and benefit from, partnerships with the state.

(b) In accordance with any adopted guidelines and criteria, the office shall administer, manage, and award grants to support the state’s public awareness and community outreach efforts. To implement this section, the office may do any of the following:

(1) Provide technical assistance for application preparation.

(2) Contract with an intermediary or third party to administer technical and financial assistance programs for the disbursement of grants and loans to support the state’s public awareness and community outreach efforts.

(3) Allow for the subgranting of awarded grants.

(4) Advance public-private partnerships with philanthropic organizations and coordinate with those partners to augment state public awareness and community outreach efforts.


citation: GOV § 8422

text: State agencies and departments collaborating with the office, upon request, shall share relevant data and statistical information that may improve the efficacy of current or future outreach efforts.


citation: GOV § 8450

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

(1) “Indian tribe” means a federally recognized Indian tribe and any department, division, subdivision, agency, or arm or instrumentality thereof.

(2) “Financial assistance” means grants, cooperative agreements, noncash contributions or donations of property, direct appropriations, food commodities, and other financial assistance provided by a public agency.

(3) “Public agency” has the same meaning as the term is defined in Section 7920.525.

(b) Notwithstanding any other law, any record that contains financial information provided by an Indian tribe to a public agency, as a condition of or requirement for receiving financial assistance shall be confidential, shall not be a public record, and shall not be open to public inspection.

(c) Each public agency agreement or contract with an Indian tribe related to financial assistance shall contain a provision stating that any financial information disclosed pursuant to the agreement or contract shall remain confidential, shall not be a public record, and shall not be open to public inspection.

(d) The Legislature finds and declares that the records described in subdivision (b) are records of a sovereign nation and are not subject to disclosure by private citizens or the state.

history: (History: Added by Stats. 2025, Ch. 132, Sec. 2. (AB 1004) Effective January 1, 2026.)

chapter: 5.7. Tribal Financial Information

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 5.7. Tribal Financial Information


citation: GOV § 8501

text:
There is in the state government the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, hereafter in this chapter referred to as the “commission.” The commission shall be composed of thirteen members as follows:

(a) Nine members of the public, appointed for terms of four years pursuant to this section. Not more than five of these members shall be registered as members of the same political party, and none shall hold public office in the executive branch of the state government.

Any public member who is absent for three consecutive regular meetings of the commission may be removed by the appointing authority unless the member is excused from those meetings by the chairperson of the commission. In the event of removal, or upon the resignation or death of the member, the respective appointing authority shall designate another person to fill the balance of the unexpired term.

(b) Five members shall be appointed by the Governor. However, the terms of these members shall be staggered so that the terms of three members shall commence on January 1, 1978, and the terms of two members shall commence on January 1, 1980. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.

(c) Two members of the public shall be appointed by the Senate Committee on Rules. However, the terms of these members shall be staggered so that the term of one member commences on January 1, 1979, and the term of the other member commences January 1, 1981. To achieve the staggering of terms, the Senate Committee on Rules shall designate the terms of the present members of the commission who have been appointed by the Senate Committee on Rules.

(d) Two members of the public shall be appointed by the Speaker of the Assembly. However, the terms of these members shall be staggered so that the term of one member commences January 1, 1979, and the term of the other member commences January 1, 1981. To achieve the staggering of terms, the Speaker of the Assembly shall designate the terms of the present members of the commission who have been appointed by the Speaker of the Assembly.

(e) Two Members of the Senate appointed by the Senate Committee on Rules. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the commission, registers with the same political party as the other member, the Senate Committee on Rules shall replace one of the members with a new member who is not registered with the same political party as the remaining member.

(f) Two Members of the Assembly appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the commission, registers with the same political party as the other member, the Speaker of the Assembly shall replace one of the members with a new member who is not registered with the same political party as the remaining member.

history: (History: Amended by Stats. 1995, Ch. 682, Sec. 1. Effective October 10, 1995. Note: Section 8455 is in Chapter 5.4, which follows Section 8334.)

article: 1. Creation and Membership

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 6. The Milton Marks Commission on California State Government Organization and Economy > 1. Creation and Membership


citation: GOV § 8502

text: For the purposes of expenditures for the support of the commission, including the expenses of the members of the commission, the commission shall be deemed to be within the executive branch of state government, but the commission shall not be subject to the control or direction of any officer or employee of the executive branch except in connection with the appropriation of funds approved by the Legislature.

history: (History: Added by renumbering Section 8526 by Stats. 1967, Ch. 1625.)

chapter: 6. The Milton Marks Commission on California State Government Organization and Economy

article: 1. Creation and Membership


citation: GOV § 8503

text: The members of the commission shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.

history: (History: Added by renumbering Section 8502 by Stats. 1967, Ch. 1625.)

article: 1. Creation and Membership


citation: GOV § 8504

text: For the purposes of this chapter the Members of the Legislature serving as members of the commission shall be considered a joint committee of the two houses of the Legislature constituted and acting as an investigating committee, and as such shall have the powers and duties imposed on such committees by the Joint Rules of the Senate and Assembly.

history: (History: Added by renumbering Section 8503 by Stats. 1967, Ch. 1625.)

article: 1. Creation and Membership


citation: GOV § 8506

text: All vacancies in the commission membership shall be filled in the same manner in which original appointments were made.

history: (History: Added by renumbering Section 8507 by Stats. 1967, Ch. 1625.)

article: 1. Creation and Membership


citation: GOV § 8507

text: The commission shall select from among its members a chairman and vice chairman, who shall not be registered as members of the same political party.

history: (History: Added by renumbering Section 8504 by Stats. 1967, Ch. 1625.)

article: 1. Creation and Membership


citation: GOV § 8508

text: Six members of the commission shall constitute a quorum.

history: (History: Added by renumbering Section 8505 by Stats. 1967, Ch. 1625.)

article: 1. Creation and Membership


citation: GOV § 8521

text:
It is the purpose of the Legislature in creating the commission, to secure assistance for the Governor and itself in promoting economy, efficiency, and improved service in the transaction of the public business in the various departments, agencies, and instrumentalities of the executive branch of the state government, and in making the operation of all state departments, agencies, and instrumentalities, and all expenditures of public funds, more directly responsive to the wishes of the people as expressed by their elected representatives, by any or all of the following means:

(a) By adopting methods and procedures for reducing expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions.

(b) By eliminating duplication and overlapping of services, activities, and functions, and time-consuming or wasteful practices.

(c) By consolidating services, activities, and functions of a similar nature.

(d) By abolishing services, activities, and functions not necessary to the efficient conduct of government.

(e) By the elimination of unnecessary state departments and agencies, the creation of necessary new state departments and agencies, the reorganization of existing state departments and agencies, and the transfer of functions and responsibilities among state departments and agencies.

(f) By defining or redefining the duties and responsibilities of state officers.

(g) By revising present provisions for continuing or permanent appropriations of state funds of whatever kind for whatever purpose, by eliminating any such existing provisions, and by adopting new provisions.

history: (History: Added by Stats. 1961, Ch. 2038.)

article: 2. Purposes and Duties

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 6. The Milton Marks Commission on California State Government Organization and Economy > 2. Purposes and Duties


text:
The Legislature finds that our system of government is a complex structure of interlocking relationships among all levels of government for managing public funds and programs. Officials and employees who manage and administer these programs must be accountable for their activities to the public. The Legislature recognizes that governmental audits are an important cornerstone in the system of accountability expected by the people of California. One of the most important aspects of public accountability is whether the use of state funds and resources complies with the Legislature’s statutory mandates.

Under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, the State Auditor shall meet the needs of state government for periodic audits of organizations, programs, and services. The State Auditor shall conduct an independent audit for use by the executive and legislative branches of state government to promote sound fiscal and administrative policy for the government of the state, fulfill the condition for the receipt of billions of dollars in federal grant funds, and provide an independent financial audit report that is relied upon by underwriters, bond-rating companies, and potential investors.

history: (History: Amended by Stats. 1995, Ch. 682, Sec. 2. Effective October 10, 1995.)

article: 2. Purposes and Duties


citation: GOV § 8522

text: The commission, on its own motion, may, for the purpose of making reports and recommendations to assist the Legislature in respect to the matters listed in Section 8521, examine in detail the structure, organization, operation, and functions of every department, agency, and instrumentality in the executive branch of the state government, and all provisions of law and regulations pertaining thereto, and may examine all present provisions of law pertaining to continuing or permanent appropriations of public funds and the methods used in administering such provisions. The commission may make such recommendations to the Governor and to the Legislature at such time, or times as the commission deems necessary.

history: (History: Added by renumbering Section 8523 by Stats. 1967, Ch. 1625.)

article: 2. Purposes and Duties


text: The commission shall review final reports and make recommendations to the Legislature and the Governor concerning the results of state audits and the revenues and expenditures of the state, its departments, subdivisions, agencies, and other public entities.

history: (History: Added by Stats. 1993, Ch. 12, Sec. 6. Effective May 7, 1993.)

article: 2. Purposes and Duties


citation: GOV § 8523

text:
(a) The Governor shall submit to the commission for study and recommendation any reorganization plan which he intends to submit to the Legislature pursuant to authority vested in the Governor by the Legislature under Section 6 of Article V of the Constitution at least 30 days prior to submission of such plan to the Legislature. The commission shall make its report to the Governor and the Legislature within 30 days of the date on which the Governor submits any such plan to the Legislature. The commission may, on its own initiative, undertake a study of any reorganization proposal submitted to the Legislature and make reports to the Governor and the Legislature as it deems necessary.

(b) Prior to transmittal of a plan to the Commission on California State Government Organization and Economy pursuant to this section the Governor shall submit each plan to the Legislative Counsel in order that it may be submitted to the Legislature in the form and language suitable for enactment in the statutes at large. The Legislative Counsel shall prepare a digest of the plan which shall be printed commencing on the first page thereof.

It is the intent of the Legislature in requiring the use of statutory format language to insure that reorganization plans submitted to it express clearly and specifically the nature and purposes of the plan.

(c) Notwithstanding subdivision (a) of this section, the Governor may submit a reorganization plan directly to the Legislature if such plan is substantially identical to a plan previously submitted to the commission during the same legislative session.

history: (History: Added by Stats. 1974, Ch. 1242.)

article: 2. Purposes and Duties


citation: GOV § 8524

text: The commission may devise a basic test to determine what, if any, governmental activities should be granted continuing or permanent appropriations.

article: 2. Purposes and Duties


citation: GOV § 8525

text: The commission may submit to the Legislature and the Governor, at such time, or times, as the commission deems necessary, interim reports of its activities.

history: (History: Added by renumbering Section 8524 (as added by Stats. 1967, Ch. 1625) by Stats. 1979, Ch. 373.)

article: 2. Purposes and Duties


citation: GOV § 8541

text:
In carrying out its duties and responsibilities, the commission shall have all of the following powers:

(a) To meet at any time and place as it may deem proper.

(b) As a body or, on the authorization of the commission, as a subcommittee composed of one or more members, to hold hearings at any time and place as it may deem proper.

(c) To issue subpoenas to compel the attendance of witnesses and the production of books, records, papers, accounts, reports, and documents.

(d) To administer oaths.

(e) To employ, pursuant to laws and regulations governing state civil service, a secretary and any clerical, legal, and technical assistants as may appear necessary.

(f) To contract with any other agencies, public or private, as it deems necessary, for the rendition and affording of any services, facilities, studies and reports to the commission as will best assist it to carry out its duties and responsibilities.

(g) To cooperate with and to secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and to direct the sheriff of any county or any marshal to serve subpoenas, orders, and other process.

(h) To certify to the superior court of any county in which proceedings are held, the facts concerning the disobedience or resistance, by any person, of any lawful order, or the refusal of any person to respond to a subpoena, to take the oath or affirmation as a witness, or to be examined, or the misconduct of any person during a hearing; and to receive the assistance of the court in enforcing orders and process, in the manner prescribed by Article 12 (commencing with Section 11455.10) of Chapter 4.5 of Part 1 of Division 3.

(i) To cooperate with every department, agency, or instrumentality in the state government; and to secure directly from every department, agency, or instrumentality full cooperation, access to its records, and access to any information, suggestions, estimates, data, and statistics it may have available.

(j) To authorize its agents and employees to absent themselves from the state where necessary for the performance of their duties.

(k) To do any and all other things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the powers expressly granted it, notwithstanding any authority expressly granted to any officer or employee of the executive branch of state government.

history: (History: Amended by Stats. 1995, Ch. 938, Sec. 11. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)

article: 3. Powers

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 6. The Milton Marks Commission on California State Government Organization and Economy > 3. Powers


citation: GOV § 8542

text:
With respect to the Bureau of State Audits, the commission shall do all of the following:

(a) Review reports completed by the bureau and make recommendations to the Legislature, the Governor, and the public concerning the operations of the state, its departments, subdivisions, agencies, and other public entities.

(b) Oversee the activities of the bureau to ensure its compliance with subdivision (d) of Section 8544.5 and Section 8546. The State Auditor shall report to the commission on its contracting activities, its affirmative action plan, and its compliance with provisions of the State Administrative Manual.

(c) Review the annual audit of the State Audit Fund.

history: (History: Added by Stats. 1993, Ch. 12, Sec. 7. Effective May 7, 1993.)

article: 3. Powers


citation: GOV § 8543

text:
(a) There is hereby created in state government the California State Auditor’s Office under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. In order to be free of organizational impairments to independence, the office shall be independent of the executive branch and legislative control.

(b) Notwithstanding any other law, any reference to the “Bureau of State Audits” or “bureau,” as used in a context to refer to the Bureau of State Audits, shall be deemed to refer to the “California State Auditor’s Office,” and any reference to the “State Auditor” or “auditor,” as used in a context to refer to the “State Auditor,” shall be deemed to refer to the “California State Auditor.”

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 5. (SB 1395) Effective January 1, 2013.)

chapter: 6.5. California State Auditor

article: 1. General Provisions

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 6.5. California State Auditor > 1. General Provisions


text: The duties of the California State Auditor’s Office are to examine and report annually upon the financial statements prepared by the executive branch of the state and to perform other related assignments, including performance audits, that are mandated by statute. For the purposes of this chapter “office” means the “California State Auditor’s Office,” unless the context clearly requires otherwise.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 6. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text:
(a) The head of the office is the California State Auditor, who shall be appointed by the Governor from a list of three qualified individuals nominated by the Joint Legislative Audit Committee by a vote of at least a majority of the committee membership from each house of the Legislature. The Joint Legislative Audit Committee shall select the three qualified individuals from a pool of candidates after conducting a comprehensive search for qualified individuals. The Joint Legislative Audit Committee shall provide at least 120 days’ notice that it is seeking applicants for nomination by providing notice in the Journals of the Senate and the Assembly and by advertising in appropriate newspapers and with nationally acknowledged professional journals and associations. Names for consideration by the Joint Legislative Audit Committee may be submitted by members of the Legislature, professional organizations, individuals, and other entities.

(b) The term of any individual appointed as the California State Auditor shall be four years. Any vacancy in the office of the California State Auditor shall be filled in the same manner provided by this subdivision for a full term.

(c) As the head of the office, the California State Auditor may establish constituent parts of the office to carry out the powers and duties of the office unless otherwise specified by law.

(d) The office has a Chief Deputy California State Auditor.

history: (History: Amended by Stats. 2017, Ch. 606, Sec. 1. (AB 32) Effective January 1, 2018.)

article: 1. General Provisions


text: The California State Auditor shall be chosen without reference to party affiliation and solely on the ground of fitness to perform the duties of the office of the California State Auditor. Prior to selection, the California State Auditor shall possess a combination of education and experience in auditing and management necessary to perform the duties of that office.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 8. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: In administering the fiscal policies of the California State Auditor’s Office, for each fiscal year, the office shall provide the Department of Finance with the office’s proposed budget and the Department of Finance shall include that proposed budget in the Governor’s Budget without modification.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 9. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: The Chief Deputy California State Auditor shall be appointed by the California State Auditor. The Chief Deputy California State Auditor shall carry out those duties prescribed by the California State Auditor and shall act for the California State Auditor when the California State Auditor is absent or unable to serve or when the office of the California State Auditor is vacant. The tenure of any incumbent Chief Deputy California State Auditor shall expire on any date that an individual is appointed California State Auditor, but any incumbent Chief Deputy California State Auditor may be reappointed pursuant to this section.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 10. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: The California State Auditor may be removed for cause at any time by concurrent resolution of the Legislature. A California State Auditor removed pursuant to this section may not be reappointed to that office.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 11. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text:
(a) The annual salary for the California State Auditor shall be equal to that of agency secretaries of the executive branch of government pursuant to Section 11550.

(b) The California State Auditor shall be repaid all actual expenses incurred or paid by him or her in the discharge of his or her duties.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 12. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


citation: GOV § 8544

text:
(a) Consistent with subdivision (i) of Section 8546, the California State Auditor may employ and fix the compensation, in accordance with Article VII of the California Constitution, of those professional assistants and technical, clerical, deputy state auditors, and other officers and employees as he or she deems necessary for the effective conduct of the work under his or her charge.

(b) In establishing and adjusting classes of positions, and establishing and adjusting salary ranges for each class of position, to provide for the continued ability to attract and maintain qualified individuals within the California State Auditor’s Office, consideration shall be given to the fact that the level of education, experience, knowledge, and ability required of the employees in the office is generally higher than that of state service generally, due to the unique duties and responsibilities imposed on the office and the relatively small number of employees.

(c) When fixing compensation for employees, the California State Auditor shall consider prevailing rates for comparable service in other public employment and private business.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 13. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text:
(a) (1) The California State Auditor shall require fingerprint images and related information from a prospective employee whose duties include or would include access to any of the following:

(A) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.

(B) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).

(C) Access to cash, checks, or other accountable items.

(2) Any services contract that is entered into, renewed, or amended on or after January 1, 2024, by the State Auditor shall include a provision requiring the contractor to permit the State Auditor to require fingerprint images and related information from the contractor and the contractor’s employees and subcontractors, whose duties include, or would include, access to the records, documents, information, or items specified in paragraph (1) pursuant to the contract, in order for the State Auditor to request criminal background checks on those individuals pursuant to subdivision (b).

(b) The California State Auditor shall submit to the Department of Justice fingerprint images of a prospective employee or contractor, or a contractor’s employee or subcontractor, that the California State Auditor obtains pursuant to subdivision (a), and related information required by the Department of Justice, for purposes of a state and federal level criminal history background check in accordance with subdivision (u) of Section 11105 of the Penal Code.

(c) The Department of Justice shall provide a state or federal response, or both if applicable, to the California State Auditor pursuant to subdivision (p) of Section 11105 of the Penal Code.

(d) The California State Auditor may investigate the criminal history of the following individuals to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items specified in paragraph (1) of subdivision (a):

(1) A prospective employee.

(2) A prospective contractor and the contractor’s employees and subcontractors.

history: (History: Added by Stats. 2023, Ch. 94, Sec. 1. (AB 956) Effective January 1, 2024.)

article: 1. General Provisions


text: Persons employed by the office pursuant to Section 8544.1 shall be allowed to enroll in the Public Employees’ Medical and Hospital Care Act contained in Part 5 (commencing with Section 22751) of Division 5 of Title 2.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 14. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: All persons employed by the office pursuant to Section 8544.1 who were members of the Public Employees’ Retirement System as of November 3, 1992, shall retain their existing classification within the system and shall be considered state miscellaneous members as defined in Section 20014.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 15. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: The permanent office of the California State Auditor shall be in Sacramento or within a two-mile radius of the State Capitol Building, where they shall be provided with suitable and sufficient offices. When in the California State Auditor’s judgment the conduct of the work requires, they may maintain offices at other places in the state.

history: (History: Amended by Stats. 2025, Ch. 91, Sec. 1. (SB 428) Effective January 1, 2026.)

article: 1. General Provisions


text:
(a) There is hereby established in the State Treasury the State Audit Fund. Notwithstanding Section 13340, the State Audit Fund is continuously appropriated for the expenses of the California State Auditor. There shall be appropriated annually in the Budget Act to the State Audit Fund, from the General Fund and the Central Service Cost Recovery Fund, the amount necessary to reimburse the State Audit Fund for the cost of audits and any other duties to be performed that are not directly reimbursed under subdivision (c), including for the cost of any other duties imposed on the office by statute. “Cost of audits or any other duties” means all direct and indirect costs of conducting the audits or other duties, and any other expenses incurred by the California State Auditor in fulfilling his or her statutory responsibilities.

(b) With regard to the funds appropriated pursuant to subdivision (a), upon certification by the California State Auditor of estimated costs on a monthly basis, the Controller shall transfer the amount thus certified from the General Fund or the Central Service Cost Recovery Fund, as applicable, to the State Audit Fund. The Controller shall thereafter issue warrants drawn against the State Audit Fund upon receipt of claims certified by the California State Auditor.

(c) To ensure appropriate reimbursement from federal and special funds for the costs of the duties performed pursuant to Section 8546.3, the California State Auditor may directly bill state agencies for the costs incurred, subject to the approval of the Director of Finance.

(d) To ensure adequate oversight of the operations of the office, the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy shall annually obtain the services of an independent public accountant to audit the State Audit Fund and the operation of the office to ensure compliance with state law, including Section 8546. The results of this audit shall be submitted to the commission and shall be a public record.

(e) To ensure that audits of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy are conducted in conformity with government auditing standards, any audit of the commission that is required or permitted by law shall be conducted by the independent public accountant selected pursuant to subdivision (d).

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 17. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: All unreimbursed expenditures of the office are defined as “administrative costs” defined in Section 11270.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 18. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


citation: GOV § 8545

text:
The California State Auditor shall not destroy any papers or memoranda used to support a completed audit sooner than three years after the audit report is released to the public. All books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 and shall be filed at any of the regularly maintained offices of the California State Auditor, except that none of the following items or papers of which these items are a part shall be released to the public by the California State Auditor, employees of the California State Auditor, or members of the commission:

(a) Personal papers and correspondence of any person providing assistance to the California State Auditor when that person has requested in writing that the person’s papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn or upon the order of the California State Auditor.

(b) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed.

(c) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit.

(d) Any survey of public employees that the California State Auditor determines should be kept confidential because the employees have expressed fear of retaliation by their employer if they respond to the survey.

(e) In accordance with Section 8545.1 and subdivision (b) of Section 8545.2, any paper, correspondence, record, document, or information the disclosure of which is restricted from release to the public by a statutory or constitutional provision, a rule that is consistent with a provision of that type, or a rule adopted pursuant to subdivision (i) of Section 18 of Article VI of the California Constitution.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 151. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 1. General Provisions


text:
(a) The California State Auditor, and any employee or former employee of the office, shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition includes, but is not limited to, the restrictions on the release of records, documents, or information set forth in Section 8545.

(b) Subdivision (a) also applies to either of the following:

(1) Any person or business entity that is contracting with or has contracted with the office and to the employees and former employees of that person or business entity.

(2) The officers and employees of and any person or business entity that is contracting with or has contracted with any state or local governmental agency or publicly created entity that has assisted the office in the course of any audit or investigation or that has received a draft copy of any report or other draft document from the office for comment or review.

(c) Any officer, employee, or person who discloses the particulars of any record, document, or other information in violation of this section is guilty of a misdemeanor.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 20. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text:
(a) Notwithstanding any other provision of law, the California State Auditor during regular business hours shall have access to and authority to examine and reproduce, any and all books, accounts, reports, vouchers, correspondence files, and all other records, bank accounts, and money or other property, of any agency of the state, including a commission, whether created by the California Constitution or otherwise, any local governmental entity, including any city, county, and school or special district, and any publicly created entity, for any audit or investigation. Any officer or employee of any agency or entity having these records or property in his or her possession, under his or her control, or otherwise having access to them, shall permit access to, and examination and reproduction thereof, upon the request of the California State Auditor or his or her authorized representative.

(b) For the purposes of access to and examination and reproduction of the records and property described in subdivision (a), an authorized representative of the California State Auditor is an employee or officer of the state or local governmental agency or publicly created entity involved and is subject to any limitations on release of the information as may apply to an employee or officer of the state or local governmental agency or publicly created entity. For the purpose of conducting any audit or investigation, the California State Auditor or his or her authorized representative shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity being audited or investigated to the same extent that employees or officers of that agency or public entity have access. No provision of law providing for the confidentiality of any records or property shall prevent disclosure pursuant to subdivision (a), unless the provision specifically refers to and precludes access and examination and reproduction pursuant to subdivision (a). Providing confidential information to the California State Auditor pursuant to this section, including, but not limited to, confidential information that is subject to a privilege, shall not constitute a waiver of that privilege. This subdivision does not apply to records compiled pursuant to Part 1 (commencing with Section 8900) or Part 2 (commencing with Section 10200) of Division 2.

(c) Any officer or person who fails or refuses to permit access and examination and reproduction, as required by this section, is guilty of a misdemeanor.

(d) For purposes of this section “confidentiality of records or property” means that the record or property may lawfully be kept confidential as a result of a statutory or common law privilege or any other provision of law.

history: (History: Amended by Stats. 2017, Ch. 406, Sec. 1. (AB 562) Effective January 1, 2018.)

article: 1. General Provisions


text: It is a misdemeanor for the California State Auditor or any employee of the California State Auditor to release any information received pursuant to Section 10850 of the Welfare and Institutions Code or that is otherwise prohibited by law to be disclosed.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 22. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text:
(a) In connection with any audit or investigation conducted by the California State Auditor, the California State Auditor, or his or her designee, may do any of the following:

(1) Administer oaths.

(2) Certify to all official acts.

(3) Issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, or documents, or for the making of oral or written sworn statements, in any interview conducted as part of an audit or investigation.

(b) Any subpoena issued under this section extends as process to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the California State Auditor or his or her designee. The person serving this process may receive compensation as allowed by the California State Auditor or his or her designee, not to exceed the fees prescribed by law for similar service.

(c) Notwithstanding Section 7470, 7474, or 7491, subpoenas issued under this section for financial records of financial institutions concerning customers of financial institutions or for information contained in those records shall not be subject to the requirement or conditions of Section 7474.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 23. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text:
(a) The superior court in the county in which any interview is held under the direction of the California State Auditor or his or her designee has jurisdiction to compel the attendance of witnesses, the making of oral or written sworn statements, and the production of papers, books, accounts, and documents, as required by any subpoena issued by the California State Auditor or his or her designee.

(b) If any witness refuses to attend or testify or produce any papers required by the subpoena, the California State Auditor or his or her designee may petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and answer questions under penalty of perjury or produce the papers required by the subpoena before the person named in the subpoena. The petition shall set forth all of the following:

(1) That due notice of the time and place of attendance of the person or the production of the papers has been given.

(2) That the person has been subpoenaed in the manner prescribed in Section 8545.4.

(3) That the person has failed and refused to attend or produce the papers required by subpoena before the California State Auditor or his or her designee as named in the subpoena, or has refused to answer questions propounded to him or her in the course of the interview under penalty of perjury.

(c) Upon the filing of the petition, the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why he or she has not attended, answered questions under penalty of perjury, or produced the papers as required. A copy of the order shall be served upon him or her. If it appears to the court that the subpoena was regularly issued by the California State Auditor or his or her designee, the court shall enter an order that the person appear before the person named in the subpoena at the time and place fixed in the order and answer questions under penalty of perjury or produce the required papers. Upon failure to obey the order, the person shall be dealt with as for contempt of court.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 24. (SB 1395) Effective January 1, 2013.)

article: 1. General Provisions


text: Any officer, employee, or person who, with intent to deceive or defraud, commits obstruction of the California State Auditor in the performance of his or her official duties relating to an audit required by statute or requested by the Joint Legislative Audit Committee shall be subject to a fine not to exceed five thousand dollars ($5,000).

history: (History: Added by Stats. 2017, Ch. 406, Sec. 2. (AB 562) Effective January 1, 2018.)

article: 1. General Provisions


citation: GOV § 8546

text:
It is the intent of the Legislature that the California State Auditor’s Office have the independence necessary to conduct all of its audits in conformity with “Government Auditing Standards” published by the Comptroller General of the United States and the standards published by the American Institute of Certified Public Accountants, free from influence of existing state control agencies that could be the subject of audits conducted by the office. Therefore, all of the following exclusions apply to the office:

(a) Notwithstanding Section 19790, the California State Auditor shall establish an equal employment opportunity program that shall meet the criteria and objectives established by the State Personnel Board. The California State Auditor shall report annually to the State Personnel Board and the commission regarding the program.

(b) Notwithstanding Section 12470, the California State Auditor shall be responsible for maintaining its payroll system. In lieu of audits of the uniform payroll system performed by the Controller or any other department, the office shall contract pursuant to subdivision (e) of Section 8544.5 for an annual audit of its payroll and financial operations by an independent public accountant.

(c) Notwithstanding Section 13292, the California State Auditor is delegated the authority to establish and administer the fiscal and administrative policies of the office in conformity with the State Administrative Manual without oversight by the Department of Finance, the Department of Information Technology, or any other state agency.

(d) Notwithstanding Section 11032, the California State Auditor may approve actual and necessary traveling expenses for travel outside the state for officers and employees of the office.

(e) Notwithstanding Section 11033, the California State Auditor or officers and employees of the office may be absent from the state on business of the state upon approval of the California State Auditor or Chief Deputy California State Auditor.

(f) Sections 11040, 11042, and 11043 shall not apply to the California State Auditor’s Office. The California State Auditor may employ legal counsel under those terms that he or she deems necessary to conduct the legal business of, or render legal counsel to, the California State Auditor.

(g) The provisions and definitions of Article 2 (commencing with Section 11342.510) of Chapter 3.5 of Division 3 shall not be construed to include the California State Auditor’s Office. The California State Auditor may adopt regulations necessary for the operation of the office pursuant to the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3), but these regulations shall not be subject to the review or approval of the Office of Administrative Law.

(h) The California State Auditor shall be exempt from all contract requirements of the Public Contract Code that require oversight, review, or approval by the Department of General Services or any other state agency. The California State Auditor may contract on behalf of the State of California for goods and services that he or she deems necessary for the furtherance of the purposes of the office.

(i) (1) Subject to Article VII of the California Constitution, the California State Auditor is delegated the authority to establish and administer the personnel policies and practices of the California State Auditor’s Office in conformity with Part 2.6 (commencing with Section 19815) of Division 5 of Title 2 without oversight or approval by the Department of Human Resources.

(2) At the election of the California State Auditor, officers and employees of the office may participate in benefits programs administered by the Department of Human Resources subject to the same conditions for participation that apply to civil service employees in other state agencies. For the purposes of benefits programs administration only, the California State Auditor is subject to the determinations of the department. The California State Auditor’s Office shall reimburse the Department of Human Resources for the normal administrative costs incurred by the Department of Human Resources and for any extraordinary costs resulting from the inclusion of the office employees in these state benefit programs.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 25. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 6.5. California State Auditor > 2. Powers and Duties


text:
(a) The California State Auditor shall conduct financial and performance audits as directed by statute. The California State Auditor may conduct these audits of any state agency as defined by Section 11000, whether created by the California Constitution or otherwise, any local governmental agency, including any city, county, and school or special district, or any publicly created entity. However, the California State Auditor shall not audit the activities of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy or the Legislature to ensure compliance with government auditing standards.

(b) The California State Auditor shall conduct any audit of a state or local governmental agency or any other publicly created entity that is requested by the Joint Legislative Audit Committee to the extent that funding is available and pursuant to the priority established by the committee with respect to other audits requested by the committee. Members of the Legislature may submit requests for audits to the committee for its consideration and approval. Any audit request approved by the committee shall be forwarded to the California State Auditor as a committee request.

(c) The California State Auditor shall complete any audit in a timely manner and pursuant to the “Government Auditing Standards” published by the Comptroller General of the United States.

(d) The California State Auditor, after performing an audit pursuant to subdivision (a) or (b), may conduct additional followup audit work that is related to any findings and recommendations related to those audits.

(e) Immediately upon completion of the audit, the California State Auditor shall transmit a copy of the audit report to the commission. Not later than 24 hours after delivery to the commission, the California State Auditor shall deliver the report to the Legislature, appropriate committees or subcommittees of the Legislature, and the Governor. Once transmitted to these parties, the report shall be made available to the public.

history: (History: Amended by Stats. 2013, Ch. 189, Sec. 1. (AB 1218) Effective January 1, 2014.)

article: 2. Powers and Duties


text:
(a) The California State Auditor shall request that any state agency, as defined in Section 11000, whether created by the California Constitution or otherwise, any local governmental agency, including any city, county, city and county, school, or special district, or any publicly created entity, that is the subject of an audit or investigation conducted pursuant to this chapter provide updates on its progress in implementing the recommendations made by the California State Auditor, at intervals prescribed by the California State Auditor.

(b) Any state agency described in subdivision (a) shall provide the California State Auditor, in the form prescribed by the California State Auditor, with updates on implementation of recommendations as described in subdivision (a).

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 27. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text: The California State Auditor shall examine and report annually upon the financial statements otherwise prepared by the executive branch of the state so that the Legislature and the public will be informed of the adequacy of those financial statements in compliance with generally accepted accounting principles. In making that examination, the California State Auditor may make the audit examination of accounts and records, accounting procedures, and internal auditing performance that he or she determines to be necessary to disclose all material facts necessary to proper reporting in accordance with the federal Single Audit Act of 1984 (31 U.S.C. Sec. 7501 et seq.) and the purposes set forth in Section 8521.5.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 28. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text:
(a) The California State Auditor shall annually issue an auditor’s report based upon the general purpose financial statements included in the Controller’s annual report that is submitted to the Governor pursuant to Section 12460. The report shall be in accordance with the “Government Auditing Standards” published by the Comptroller General of the United States and the standards published by the American Institute of Certified Public Accountants.

(b) The California State Auditor, in the performance of this annual audit and any other audit or investigation undertaken by the office, may examine all the financial records, accounts, and documents of any state agency as defined by Section 11000.

(c) The California State Auditor shall rely, to the maximum extent possible, upon the audits performed by the Controller, the Department of Finance, internal auditors of state agencies, and independent contractors. The Director of Finance shall be responsible for coordinating and providing technical assistance to the internal auditors of state agencies. Nothing in this article is intended to reduce or restrict the operations of internal auditors whose review of internal financial and administrative controls of state agencies is essential for coordinated audits.

(d) State agencies receiving federal funds shall be primarily responsible for arranging for federally required financial and compliance audits. State agencies shall immediately notify the Director of Finance, the California State Auditor, and the Controller when they are required to obtain federally required financial and compliance audits. The Director of Finance, the California State Auditor, and the Controller shall coordinate the procurement by state agencies, including any negotiations with cognizant federal agencies, of federally required financial and compliance audits.

(e) To prevent duplication of the annual audit conducted by the California State Auditor pursuant to subdivision (a), except for those state agencies that are required by state law to obtain an annual audit, no state agency shall enter into a contract for a financial or compliance audit without prior written approval of the Controller and the Director of Finance, which approval shall state the reason for the contract and shall be filed with the California State Auditor at least 30 days prior to the award of the contract. No funds appropriated by the Legislature shall be encumbered for the purpose of funding any contract for an audit that duplicates the annual financial audit conducted by the California State Auditor.

(f) Notwithstanding any other provision of this article, nothing in this section shall be construed to limit, restrict, or otherwise infringe upon the constitutional or statutory authority of the Controller to superintend the fiscal concerns of the state.

(g) Except as provided in subdivision (b), notwithstanding any other provision of this article, nothing in this section shall be construed to limit, restrict, or otherwise infringe upon the statutory authority of the Director of Finance to supervise the financial and business policies of the state.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 29. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text:
(a) The California State Auditor may establish a high-risk government agency audit program for the purpose of identifying, auditing, and issuing reports on any agency of the state, whether created by the California Constitution or otherwise, as well as statewide issues, that the California State Auditor identifies as being at high risk for the potential of waste, fraud, abuse, and mismanagement or that has major challenges associated with its economy, efficiency, or effectiveness.

(b) In addition to identifying an agency as high risk on the basis of weaknesses identified in audit and investigative reports produced by the office, the California State Auditor may consult with the Legislative Analyst, the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, the Office of Inspector General within the Department of Corrections and Rehabilitation, the Department of Finance, and other state agencies that have oversight responsibilities over any other agency of the state, in identifying state agencies that are at high risk.

(c) The California State Auditor shall notify the Joint Legislative Audit Committee whenever it identifies a state agency as at high risk.

(d) The California State Auditor may issue audit reports with recommendations for improvement in state agencies, and for statewide issues, identified as at high risk not less than once every two years.

(e) The California State Auditor may require state agencies identified as high risk, or as responsible for all or a portion of a statewide issue identified as high risk, to periodically report to the auditor regarding the status of recommendations for improvement made by the California State Auditor or other state oversight agencies.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 30. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text: The California State Auditor, in connection with any audit or investigation conducted pursuant to this chapter, shall be deemed to be a department head for the purposes of Section 11189.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 31. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text:
Notwithstanding any other provision of law, every contract involving the expenditure of public funds in excess of ten thousand dollars ($10,000) entered into by any state agency, board, commission, or department or by any other public entity, including a city, county, city and county, or district, shall be subject to the examination and audit of the California State Auditor, at the request of the public entity or as part of any audit of the public entity, for a period of three years after final payment under the contract. Every contract shall contain a provision stating that the contracting parties shall be subject to that examination and audit. The failure of a contract to contain this provision shall not preclude the California State Auditor from conducting an examination and audit of the contract at the request of the public entity entering into the contract or as part of any audit of the public entity.

It is the intent of the Legislature that the Regents of the University of California include in contracts involving the expenditure of state funds in excess of ten thousand dollars ($10,000) a provision stating that the contracting parties shall be subject to the examination and audit of the California State Auditor, at the request of the regents or as part of any audit of the university, for a period of three years after final payment under the contract.

The examinations and audits under this section shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 32. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text: Unless the contrary is stated or clearly appears from the context, any reference to the Auditor General or the Office of the Auditor General in any statute or contract in effect on the effective date of this chapter, other than Chapter 4 (commencing with Section 10500), with respect to the performance of audits, shall be construed to refer to the California State Auditor and the California State Auditor’s Office, respectively.

history: (History: Amended by Stats. 2012, Ch. 281, Sec. 33. (SB 1395) Effective January 1, 2013.)

article: 2. Powers and Duties


text:
(a) The California State Auditor may establish a high-risk local government agency audit program for the purpose of identifying, auditing, and issuing reports on any local government agency, including, but not limited to, any city, county, special district, or any publicly created entity, whether created by the California Constitution or otherwise, that the California State Auditor identifies as being at high risk for the potential of waste, fraud, abuse, or mismanagement or that has major challenges associated with its economy, efficiency, or effectiveness.

(b) In addition to identifying a local government agency as high risk on the basis of weaknesses identified in audit and investigative reports produced by the office, the California State Auditor may review publicly available information and consult with the Controller, Attorney General, and other state agencies that have oversight responsibilities over any local government agency, in identifying local governments that are at high risk.

(c) The California State Auditor’s Office shall be responsible for the state costs associated with the high-risk local government agency audit program, shall conduct the program as funds permit, and shall only conduct the program to the extent that it does not interfere with duties related to mandated audits and requests from the Joint Legislative Audit Committee.

(d) (1) The California State Auditor shall notify the Joint Legislative Audit Committee whenever he or she identifies a local government as at high risk.

(2) The California State Auditor shall provide the Joint Legislative Audit Committee, at a public hearing of the committee, an annual update of all audits in progress.

(3) If a local government agency has taken significant corrective measures for deficiencies identified by the California State Auditor, that agency shall be removed from the high-risk local government agency audit program.

(e) Notwithstanding the requirements of Section 10231.5, if the California State Auditor establishes the program provided for in this section and the California State Auditor determines that a local government agency is at high risk, the California State Auditor shall issue audit reports at least once every three years with recommendations for improvement in the local government so identified.

(f) Audits conducted pursuant to this section shall be approved by the Joint Legislative Audit Committee.

(g) (1) The California State Auditor may conduct an initial assessment at a local government agency prior to conducting an audit, during which he or she may gather any publicly available information from a local government agency and any additional information, including any interviews, that the local government agency is willing to provide, for the purpose of identifying whether or not it is a high-risk local government agency.

(2) Before beginning an initial assessment at a local government agency, the California State Auditor shall notify the Joint Legislative Audit Committee in writing which local government agency will be assessed.

history: (History: Amended by Stats. 2018, Ch. 515, Sec. 1.5. (SB 1293) Effective January 1, 2019.)

article: 2. Powers and Duties


text:
(a) The California State Auditor shall conduct an audit of the County of Mendocino by January 1, 2026, which shall include, but not be limited to, all of the following.

(1) Any potential waste, fraud, abuse, and mismanagement.

(2) The county’s administration of elections in 2024.

(3) Contracting and procurement.

(b) Notwithstanding Section 10231.5, the California State Auditor shall report their findings to the Legislature, including the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Local Government, and the Senate Committee on Local Government, by January 1, 2026.

history: (History: Added by Stats. 2024, Ch. 41, Sec. 31. (SB 164) Effective June 29, 2024.)

article: 2. Powers and Duties


citation: GOV § 8547

text: This article shall be known and may be cited as the “California Whistleblower Protection Act.”

history: (History: Amended by Stats. 1999, Ch. 673, Sec. 1. Effective January 1, 2000.)

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 1. GENERAL > 6.5. California State Auditor > 3. California Whistleblower Protection Act


text: The Legislature finds and declares that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. The Legislature further finds and declares that public servants best serve the citizenry when they can be candid and honest without reservation in conducting the people’s business.

history: (History: Repealed and added by Stats. 1999, Ch. 673, Sec. 3. Effective January 1, 2000.)

article: 3. California Whistleblower Protection Act


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

(a) (1) “Employee” means either of the following:

(A) An individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature.

(B) A person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board.

(2) “Employee” includes a former employee who met the criteria of this subdivision during their employment.

(b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.

(c) (1) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of their employment, and that meets any of the following criteria:

(A) The activity is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, misuse of state expenditures, including allocations, loans, or grants, or willful omission to perform duty.

(B) The activity is in violation of an executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual.

(C) The activity is economically wasteful, involves gross misconduct, incompetency, or inefficiency.

(2) For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision.

(3) For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision.

(d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing.

(e) (1) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence either of the following circumstances:

(A) An improper governmental activity.

(B) A condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.

(2) “Protected disclosure” specifically includes a good faith communication to the California State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the California State Auditor’s Office in support of the allegation.

(3) “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance.

(f) (1) “State agency” is defined by Section 11000.

(2) “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, and the California State University for purposes of Sections 8547.3 to 8547.7, inclusive.

(3) Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 83. (AB 1170) Effective January 1, 2026.)


text:
(a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the rights conferred pursuant to this article.

(b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.

(c) Any employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party.

(d) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law.

history: (History: Amended by Stats. 1999, Ch. 673, Sec. 5. Effective January 1, 2000.)