FrankGoortani/open-us-law huggingface dataset:
Cal. RTC § 24273.5 — California Code / Code rtc / Division 2 / Part 11 / Chapter 6 / Article 1 / Section 24273.5
Section 24273.5
Status: in_force

(a) Noncash patronage allocations from farmers’ cooperative and mutual associations (whether paid in capital stock, revolving fund certificates, retain certificates, certificates of indebtedness, letters of advice or in some other manner that discloses the dollar amount of such noncash patronage allocations) may, at the election of the taxpayer, be considered as income and included in gross income for the taxable year in which received.

(b) If a taxpayer exercises the election provided for in subdivision (a), the amount included in gross income shall be the face amount of such allocations.

(c) If a taxpayer elects to exclude noncash patronage allocations from gross income for the taxable year in which received, such allocations shall be included in gross income in the year that they are redeemed or realized upon.

(d) If a taxpayer exercises the election provided for in subdivision (c), the face amount of such noncash patronage allocations shall be disclosed in the return made for the taxable year in which such noncash patronage allocations were received.

(e) If a taxpayer exercises the election provided for in subdivision (a) or (c) for any taxable year, then the method of computing income so adopted shall be adhered to with respect to all subsequent taxable years unless with the approval of the Franchise Tax Board a change to a different method is authorized.

(f) If a taxpayer has made the election provided for in subdivision (c), then (1) the statutory period for the assessment of a deficiency for any taxable year in which the amount of any noncash patronage allocations are realized shall not expire prior to the expiration of four years from the date the Franchise Tax Board is notified by the taxpayer (in any manner as the Franchise Tax Board may by regulation prescribe) of the realization of gain on such allocations; and (2) that deficiency may be assessed prior to the expiration of the four-year period, notwithstanding the provisions of Section 19057 or the provisions of any other law or rule of law which would otherwise prevent such assessment.
Cal. LAB § 5308 — California Code / Code lab / Division 4 / Part 4 / Chapter 1 / Section 5308
Section 5308
Status: in_force

The appeals board has jurisdiction to determine controversies arising out of insurance policies issued to self-employing persons, conferring benefits identical with those prescribed by this division.

The appeals board may try and determine matters referred to it by the parties under the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, with respect to controversies arising out of insurance issued to self-employing persons under the provisions of this division. Such controversies may be submitted to it by the signed agreement of the parties, or by the application of one party and the submission of the other to its jurisdiction, with or without an express request for arbitration.

The State Compensation Insurance Fund, when the consent of the other party is obtained, shall submit to the appeals board all controversies susceptible of being arbitrated under this section.

In acting as arbitrator under this section, the appeals board has all the powers which it may lawfully exercise in compensation cases, and its findings and award upon such arbitration have the same conclusiveness and are subject to the same mode of reopening, review, and enforcement as in compensation cases. No fee or cost shall be charged by the appeals board for arbitrating the issues presented under this section.
Cal. HSC § 80000 — California Code / Code hsc / Division 45 / Part 2 / Chapter 9 / Article 1 / Section 80000
Section 80000
Status: in_force

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

(a) “Fund” means the Orphan Share Reimbursement Trust Fund established pursuant to Section 80020.

(b) “Orphan share” means the share of liability for the costs of response action that is attributable to the activities of persons who are defunct or insolvent, as determined pursuant to Section 80070.
Cal. HSC § 129985 — California Code / Code hsc / Division 107 / Part 7 / Chapter 1 / Article 6 / Section 129985
Section 129985
Status: in_force

(a)  Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter or whenever the department or its authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition or a violation of any applicable building standards that makes the building or premises unsafe, dangerous, or hazardous, the department or its authorized representatives may enter the building or premises at any reasonable time to make an inspection or to perform any authorized duty. Prior to an entry authorized by this section, the authorized representatives of the department shall first present proper identification and credentials and request entry. In the event that the building or premises are unoccupied, there shall be a reasonable effort made to locate the owner or other person or persons having control or charge of the building or premises in order to request an entry. If a request for entry is refused, the department or its authorized representatives shall have recourse to any remedy prescribed by law to secure entry.

(b)  Whenever the owner, occupant, or other person having control or charge of the building or premises is presented with a proper inspection warrant or other authorization prescribed by law to secure entry and a request for entry is made, the owner, occupant, or other person having control or charge of the building or premises shall promptly permit the entry of the authorized representatives of the department for the purpose of inspection and examination authorized by this chapter.
Cal. PROB § 1802 — California Code / Code prob / Division 4 / Part 3 / Chapter 1 / Article 1 / Section 1802
Section 1802
Status: in_force

Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a person who voluntarily requests the appointment and who, to the satisfaction of the court, establishes good cause for the appointment.
Cal. WAT § 12 — California Code / Code wat / Section 12
Section 12
Status: in_force

The masculine gender includes the feminine and the neuter.
Cal. RTC § 5363 — California Code / Code rtc / Division 1 / Part 10 / Chapter 3 / Section 5363
Section 5363
Status: in_force

In assessing aircraft, the county assessor shall determine the market value of the aircraft in accordance with standards and guides to the market value of aircraft prescribed by the board. In determining the market value of aircraft the assessor shall not take into account the existence of any custom or common method, if any, in arriving at the market value of any class or classes of aircraft.
Cal. HSC § 116820 — California Code / Code hsc / Division 104 / Part 12 / Chapter 5 / Article 2 / Section 116820
Section 116820
Status: in_force

Any person who violates any provision of this article, violates any order of the local health officer pursuant to this article, or knowingly files a false statement or report required by the local health officer pursuant to this article is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this article or of any order of the local health officer beyond the time stated for compliance of the order shall be a separate offense.
Cal. HSC § 116033 — California Code / Code hsc / Division 104 / Part 10 / Chapter 5 / Article 5 / Section 116033
Section 116033
Status: in_force

(a) Except as provided in subdivision (b), persons providing aquatic instruction, including, but not limited to, swimming instruction, water safety instruction, water contact activities, and competitive aquatic sports, at a public swimming pool shall possess current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department. In addition, these persons shall be certified in standard first aid and cardiopulmonary resuscitation (CPR). All these persons shall meet these qualifications by January 1, 1991. Persons who only disseminate written materials relating to water safety are not persons providing aquatic instruction within the meaning of this section. The requirements of this section shall be waived under either of the following circumstances:

(1) When one or more aquatic instructors possessing the current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or the equivalent, are in attendance continuously during periods of aquatic instruction.

(2) When one or more lifeguards meeting the requirements of Section 116028 are in attendance continuously during periods of aquatic instruction.

(b) If there is a staffing shortage where a local public agency pool operator, acting in good faith, is unable to maintain required staffing levels to maintain regular operating hours, the local public agency may use qualified lifeguard personnel, as defined in subdivision (c), to provide lifeguard services at a public swimming pool, if both requirements are met:

(1) The public agency is recognized by the United States Lifesaving Association (USLA) as a certified agency capable of administering an ongoing training program.

(2) The legislative body of the public agency makes a finding by resolution stating the use of qualified lifeguard personnel is needed for a time period no longer than 12 months in order to maintain regular operating hours of public swimming pools.

(c) As used in this section, “qualified lifeguard personnel” means a public agency lifeguard who has received and maintains USLA training from a certified agency, is certified in standard first aid and cardiopulmonary resuscitation, and has received additional public swimming pool-specific crossover training, provided by personnel certified by a national training agency, including treatment of spinal injuries, floatation device use techniques, pool extraction and extrication techniques, and submerged rescue techniques.
Cal. FAC § 43061 — California Code / Code fac / Division 17 / Chapter 2 / Article 15 / Section 43061
Section 43061
Status: in_force

(a) The board of supervisors of a county may require registration and establish a schedule of annual registration fees to be paid by any person who acts as a wholesaler of fresh fruit and vegetables under any license required under Chapter 7 (commencing with Section 56101) of Division 20, and who maintains an office or salesroom or conducts that business in the county.

(b) Any funds derived under this section shall be used only for the enforcement of wholesale inspections of fruits and vegetables pursuant to this division.

(c) The maximum fee that may be established pursuant to this section shall be determined at the discretion of the board of supervisors of a county and shall not exceed five hundred dollars ($500).
Cal. BPC § 4080 — California Code / Code bpc / Division 2 / Chapter 9 / Article 5 / Section 4080
Section 4080
Status: in_force

All stock of any dangerous drug or dangerous device or of shipments through a customs broker or carrier shall be, at all times during business hours, open to inspection by authorized officers of the law.
Cal. PRC § 9062 — California Code / Code prc / Division 9 / Chapter 2 / Article 2 / Section 9062
Section 9062
Status: in_force

The chief shall assist in the formation, organization and operation of resource conservation districts.
Cal. FIN § 1022 — California Code / Code fin / Division 1.1 / Chapter 2 / Section 1022
Section 1022
Status: in_force

Upon the filing of an application the commissioner shall make or cause to be made a careful investigation and examination relative to the following:

(a) The character, reputation, and financial standing of the organizers or incorporators and their motives in seeking to organize the proposed bank or trust company.

(b) The need for banking or trust facilities or additional banking or trust facilities, as the case may be, giving particular consideration to the adequacy of existing banking or trust facilities and the need for further banking or trust facilities.

(c) The character, financial responsibility, banking or trust experience, and business qualifications of the proposed officers of the bank or trust company.

(d) The character, financial responsibility, business experience, and standing of the proposed stockholders and directors.

(e) Other facts and circumstances bearing on the proposed bank or trust company and its relation to the locality as in the opinion of the commissioner may be relevant.
Cal. FAC § 77547 — California Code / Code fac / Division 22 / Part 2 / Chapter 18 / Article 3 / Section 77547
Section 77547
Status: in_force

Any vacancy on the commission occurring by the failure of any person elected or appointed to or serving on the commission as a member or alternate member to continue in his or her position because of a change in his or her status thereby making the person ineligible to serve, or because of the death, removal, resignation, or disqualification of a member, shall be filled for the unexpired portion of the term by a majority vote of the remaining members of the commission. That person shall possess all of the same qualifications set forth in this article as is required for the person whose office he or she is to occupy.
Cal. FAC § 41207.5 — California Code / Code fac / Division 16 / Chapter 3 / Article 5 / Section 41207.5
Section 41207.5
Status: in_force

(a) The committee shall be advisory to the director on all matters pertaining to this chapter and certification of the quality of grapes used for processing pursuant to Section 40531 and shall make recommendations concerning the inspection and certification services rendered, including the annual budget and fees necessary to provide adequate inspection services. All recommendations for budgets and assessment fees shall be submitted to the director on or before May 1 of each year.

(b) The committee’s primary goal shall be to recommend to the director objective criteria and inspection procedures for all quality conditions that have an effect on the acceptance of, or on the amount of the purchase price of, fresh grapes for wine and byproduct purposes.

(c) This section shall become operative on January 1, 1996.
Cal. SHC § 703 — California Code / Code shc / Division 1 / Chapter 3 / Article 2.5 / Section 703
Section 703
Status: in_force

Whenever the department requires a publicly owned utility to relocate within a freeway any utility facility lawfully maintained in any freeway which was not a state highway at the time such utility facility was originally installed therein, the department shall pay the cost of such relocation.

Whenever the department requires a privately owned utility to relocate within a freeway any utility facility used solely to supply water, which facility is lawfully maintained in any freeway which was not a state highway at the time such utility facility was originally installed therein, the department shall pay the cost of such relocation.

Whenever the department requires a privately owned utility to relocate within a freeway any utility facility, other than one used solely to supply water, which facility is lawfully maintained in any freeway which was not a state highway at the time such utility facility was originally installed therein, and it is established by the utility that it is not under express contractual obligation to relocate such facility at its own expense, the department shall pay the cost of such relocation.

A permit containing a contractual obligation which was accepted by the utility for maintenance or minor improvement of the facility after such road became a state highway shall not constitute a contractual obligation within the meaning of this section.

Publicly owned sewers and fire hydrants and any street lighting structure, whether publicly or privately owned, in any freeway shall be relocated, where necessary, at the expense of the department.
Cal. VEH § 34505.8 — California Code / Code veh / Division 14.8 / Section 34505.8
Section 34505.8
Status: in_force

(a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.

(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.

(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).

(d) The amendments to this section as added by the act that added this subdivision shall be operative on July 1, 2018.
Cal. INS § 1969 — California Code / Code ins / Division 2 / Part 1 / Chapter 1 / Article 5 / Section 1969
Section 1969
Status: in_force

When insurance is confined in its terms to an actual total loss, it does not cover a constructive total loss, but it does cover any loss which necessarily results in depriving the insured of the possession, at the port of destination, of the entire subject matter insured.
Cal. UIC § 1855 — California Code / Code uic / Division 1 / Part 1 / Chapter 7 / Article 6 / Section 1855
Section 1855
Status: in_force

(a) A civil action may be commenced at the request of the director in the name of the State of California to enjoin any individual or entity from conduct that, by solicitation, sale, or advertising, is inducing or otherwise attempting to persuade employers or employees, or potential employers or employees, to violate this code or to otherwise attempt to evade contributions or taxes provided for under this code by scheme, device, or similar activity. Any action under this section shall be brought in the Superior Court of the County of Sacramento or in the superior court of the county in which that individual or entity resides, has its principal place of business, or has engaged in conduct subject to penalty under this code.

(b) In any action under subdivision (a), the court may enjoin the person from engaging in the conduct or in any other activity specified in subdivision (a), if the court finds both of the following:

(1) That the person has engaged in any conduct specified in subdivision (a).

(2) That injunctive relief is appropriate to prevent recurrence of that conduct.

(c) For purposes of the civil action referred to in subdivisions (a) and (b), the court may issue without bond, a temporary restraining order upon the filing of a statement, certified by the director, which contains both of the following:

(1) That a determination has been made that the individual or entity is engaging in conduct described in subdivision (a), accompanied by a detailed description of the reasons for the determination.

(2) That the activity of the individual or entity will result in the nonpayment of contributions or taxes required under this code and that the contributions or taxes would be otherwise payable.

(d) The director shall provide the court clerk with an exact copy of the certified statement upon filing, which copy will be endorsed or certified by the court clerk and returned to the director, along with a certified copy of the court’s order. From the time of service of the endorsed or certified copy of the statement and order, that individual or entity shall be temporarily restrained from the activity set forth in the statement. That temporary restraining order will continue in effect unless dissolved after a hearing on a preliminary injunction in the Superior Court of Sacramento County or the county in which the individual or entity resides, has its place of business, or has engaged in the conduct specified in the statement. That hearing or preliminary injunction shall be held under the rules of the superior court.
Cal. INS § 1876.5 — California Code / Code ins / Division 1 / Part 2 / Chapter 12 / Article 6 / Section 1876.5
Section 1876.5
Status: in_force

As used in this article, “authorized governmental agency” and “insurer” have the same meaning as is given by Section 1874.1.
Cal. FIN § 14351 — California Code / Code fin / Division 5 / Chapter 3 / Article 4 / Section 14351
Section 14351
Status: in_force

(a) The amount of the annual assessment on any credit union holding a certificate authorizing it to act as a credit union shall be the greater of (1) two thousand dollars ($2,000) or (2) the sum of the products determined by multiplying (A) increments of the credit union’s total assets by (B) percentages of the base assessment rate, according to the following table:

Total Assets Percentage of Base
Assessment Rate
$0–$3,000,000 85.0%
$3,000,000–$6,000,000 25.0%
$6,000,000–$10,000,000 13.0%
$10,000,000–$100,000,000 12.5%
$100,000,000–$500,000,000 12.25%
$500,000,000–$1,000,000,000 12.0%
$1,000,000,000–$2,000,000,000 11.5%
$2,000,000,000–$5,000,000,000 8.0%
$5,000,000,000–$10,000,000,000 3.5%
Excess over $10,000,000,000 3.0%

(b) The base assessment rate for each annual assessment shall be fixed by the commissioner but shall not exceed two dollars and twenty cents ($2.20) per one thousand dollars ($1,000) of total assets.
Cal. VEH § 4003 — California Code / Code veh / Division 3 / Chapter 1 / Article 1 / Section 4003
Section 4003
Status: in_force

A permit, as described in Section 9258, may be issued by the department for operating any of the following vehicles, except a crane:

(a) A vehicle while being moved or operated unladen for one continuous trip from a place within this state to another place either within or without this state or from a place without this state to a place within this state.

(b) A vehicle while being moved or operated for one round trip to be completed within 60 days from one place to another for the purpose of participating as a vehicular float or display in a lawful parade or exhibition, provided that the total round trip does not exceed 100 miles.

The department may issue a quantity of permits under this subsection in booklet form upon payment of the proper fee for each permit contained in such booklet. Each permit shall be valid for only one vehicle and for only one continuous trip. Such permit shall be posted upon the windshield or other prominent place upon a vehicle and shall identify the vehicle to which it is affixed. When so affixed, such permit shall serve in lieu of California registration.