FrankGoortani/open-us-law huggingface dataset:
Cal. LAB § 2750.5 — California Code / Code lab / Division 3 / Chapter 2 / Article 1 / Section 2750.5
Section 2750.5
Status: in_force

There is a rebuttable presumption affecting the burden of proof that a worker performing services for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, or who is performing such services for a person who is required to obtain such a license is an employee rather than an independent contractor. Proof of independent contractor status includes satisfactory proof of these factors:

(a) That the individual has the right to control and discretion as to the manner of performance of the contract for services in that the result of the work and not the means by which it is accomplished is the primary factor bargained for.

(b) That the individual is customarily engaged in an independently established business.

(c) That the individual’s independent contractor status is bona fide and not a subterfuge to avoid employee status. A bona fide independent contractor status is further evidenced by the presence of cumulative factors such as substantial investment other than personal services in the business, holding out to be in business for oneself, bargaining for a contract to complete a specific project for compensation by project rather than by time, control over the time and place the work is performed, supplying the tools or instrumentalities used in the work other than tools and instrumentalities normally and customarily provided by employees, hiring employees, performing work that is not ordinarily in the course of the principal’s work, performing work that requires a particular skill, holding a license pursuant to the Business and Professions Code, the intent by the parties that the work relationship is of an independent contractor status, or that the relationship is not severable or terminable at will by the principal but gives rise to an action for breach of contract.

In addition to the factors contained in subdivisions (a), (b), and (c), any person performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall hold a valid contractors’ license as a condition of having independent contractor status.

For purposes of workers’ compensation law, this presumption is a supplement to the existing statutory definitions of employee and independent contractor, and is not intended to lessen the coverage of employees under Division 4 and Division 5.
Cal. WAT § 24628.5 — California Code / Code wat / Division 11 / Part 8 / Chapter 4 / Article 2 / Section 24628.5
Section 24628.5
Status: in_force

Warrants payable at a future time or times may also be issued to obtain funds or property for any lawful purpose of the district.
Cal. FIN § 1327 — California Code / Code fin / Division 1.1 / Chapter 10 / Article 1 / Section 1327
Section 1327
Status: in_force

(a) Any person who willfully and knowingly makes, circulates, or transmits to another or others, any statement or rumor, written, printed, or by word of mouth, which is untrue in fact and is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any bank doing business in this state, or who knowingly counsels, aids, procures, or induces another to start, transmit, or circulate any such statement or rumor, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than one year, or both.

(b) The provisions of Section 329 shall not apply to this section.
Cal. BPC § 10087 — California Code / Code bpc / Division 4 / Part 1 / Chapter 2 / Article 1 / Section 10087
Section 10087
Status: in_force

(a) In addition to acting pursuant to the authority provided under Sections 10086, 10176, and 10177, the commissioner may, after appropriate notice and opportunity for a hearing, by order, suspend, bar from any position of employment, management, or control, or bar from participation in an examination for licensure, for a period not exceeding 36 months, a real estate salesperson or real estate broker, or an unlicensed person issued an order under Section 10086, if the commissioner finds either of the following:

(1) That the suspension or bar is in the public interest and that the person has committed or caused a violation of this division or rule or order of the commissioner, which violation was either known or should have been known by the person committing or causing it or has caused material damage to the public.

(2) That the person has been convicted of or pleaded nolo contendere to any crime, or has been held liable in any civil action by final judgment, or any administrative judgment by any public agency, if that crime or civil or administrative judgment involved any offense involving dishonesty, fraud, or deceit, or any other offense reasonably related to the qualifications, functions, or duties of a person engaged in the real estate business in accordance with the provisions of this division.

(b) Within 15 days from the date of a notice of intention to issue an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code). If no hearing is requested within 15 days after the mailing or service of that notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing.

(c) Upon receipt of a notice of intention to issue an order pursuant to this section, the person who is the subject of the proposed order is immediately prohibited from engaging in any business activity involving real estate that is subject to regulation under this division.

(d) Persons suspended or barred under this section are prohibited from participating in any business activity of a real estate salesperson or a real estate broker and from engaging in any real estate-related business activity on the premises where a real estate salesperson or real estate broker is conducting business. Persons suspended or barred under this section are also prohibited from participating in any real estate-related business activity of a finance lender, residential mortgage lender, bank, credit union, escrow company, title company, or underwritten title company. Persons suspended or barred from a position of employment, management, or control under this section are also barred from participating in examinations for licensure.
Cal. HSC § 7152.1 — California Code / Code hsc / Division 7 / Part 1 / Chapter 3.56 / Section 7152.1
Section 7152.1
Status: in_force

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

(1) More than 20,000 Californians are currently waiting for a lifesaving organ transplant, and over 17,000 of those individuals are waiting for a kidney transplant. Based on the current trend in organ donations, one in three of those waiting for a transplant will die. In 2009, 5,874 Americans died while waiting for a transplant.

(2) On a national level, the number of organ donors increased by 3 percent from the years 2008 to 2009, while the number of organ donors in California decreased by 2 percent during this same time period. In 2009, there were only 798 cadaveric donors and 734 living donors in California.

(3) A decrease in organ donors results in longer stays on the national organ transplant waiting list and, consequently, more deaths among those patients who are waiting.

(4) The national organ transplant waiting list, which is maintained by the United Network for Organ Sharing, is growing at the rate of approximately 40,000 persons per year. A name is added to this national database every 13 minutes.

(5) Since 2005, more than six million Californians have registered to donate their organs and tissue upon death.

(6) However, no registry exists in California for those individuals who wish to be an altruistic living organ donor.

(b) The use of anatomical gifts, and the donation of organs for the purpose of transplantation, are of great value to the citizens of California and may save or prolong the life, or improve the health of, extremely ill and dying individuals.

(c) It is the intent of the Legislature to increase the number of individuals who identify themselves as potential organ donors. It is further the intent of the Legislature to establish a statewide Altruistic Living Donor Registry to expedite the match between organ donors and recipients and to encourage charitable contributions to support the registry.
Cal. FAC § 8561 — California Code / Code fac / Division 4 / Part 5 / Chapter 4 / Section 8561
Section 8561
Status: in_force

The board shall give notice of the time and place fixed for the hearing upon the preliminary budget by publication in a newspaper of general circulation published and circulated in the district.
Cal. SHC § 27061 — California Code / Code shc / Division 16 / Part 3 / Chapter 4 / Section 27061
Section 27061
Status: in_force

If a majority of the registered voters voting at the election vote in favor of including the county or a specified part thereof in the district, the county or the part thereof approved for inclusion in the district, shall be included therein.
Cal. PRC § 4525.5 — California Code / Code prc / Division 4 / Part 2 / Chapter 8 / Article 2 / Section 4525.5
Section 4525.5
Status: in_force

“Rules” means the district forest practice rules adopted by the board.
Cal. FAC § 57512 — California Code / Code fac / Division 20 / Chapter 12 / Article 2 / Section 57512
Section 57512
Status: in_force

The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to this article.
Cal. RTC § 8258 — California Code / Code rtc / Division 2 / Part 2 / Chapter 8 / Article 1 / Section 8258
Section 8258
Status: in_force

(a) The board shall determine which taxpayer’s accounts are eligible for the managed audit program in a manner that is consistent with the efficient use of its auditing resources and the maximum effectiveness of the program.

(b) A taxpayer is not required to participate in the managed audit program.
Cal. HSC § 40304 — California Code / Code hsc / Division 26 / Part 3 / Chapter 5 / Article 1 / Section 40304
Section 40304
Status: in_force

From and after the date of the filing of certified copies of resolutions from two or more boards of supervisors desiring to create a regional district, the regional district shall begin to function and may exercise its powers.
Cal. WIC § 5892.5 — California Code / Code wic / Division 5 / Part 4.5 / Section 5892.5
Section 5892.5
Status: repealed

[Repealed (in Sec. 99) and added by Stats. 2023, Ch. 790, Sec. 100.   (SB 326)   Effective April 17, 2024.   Approved in Proposition 1 at the March 5, 2024, election.     Operative July 1, 2026, by its own provisions.]
(a) (1) The California Housing Finance Agency, with the concurrence of the State Department of Health Care Services, shall release unencumbered Behavioral Health Services Fund moneys dedicated to the Mental Health Services Act housing program upon the written request of the respective county.

(2) The county shall use these Behavioral Health Services Fund moneys released by the agency to provide housing interventions pursuant to Section 5830.

(b) For purposes of administering those funds released to a respective county pursuant to subdivision (a), the county shall comply with all of the requirements described in the Behavioral Health Services Act, including, but not limited to, Section 5664, Section 5963.02, subdivision (g) of Section 5892, and Section 5963.04.

(c) This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.

[Amended (as amended by Stats. 2023, Ch. 790, Sec. 99) by Stats. 2024, Ch. 40, Sec. 49.   (SB 159)   Effective June 29, 2024.   Inoperative July 1, 2026, by its own provisions.    Repealed as of January 1, 2027, by its own provisions.    See later operative version added by Sec. 100 of Stats. 2023, Ch. 790.]
(a) (1) The California Housing Finance Agency, with the concurrence of the State Department of Health Care Services, shall release unencumbered Behavioral Health Services Fund moneys dedicated to the Mental Health Services Act housing program upon the written request of the respective county. The county shall use these Behavioral Health Services Fund moneys released by the agency to provide housing assistance to the target populations who are identified in Section 5600.3.

(2) For purposes of this section, “housing assistance” means each of the following:

(A) Rental assistance or capitalized operating subsidies.

(B) Security deposits, utility deposits, or other move-in cost assistance.

(C) Utility payments.

(D) Moving cost assistance.

(E) Capital funding to build or rehabilitate housing for homeless, mentally ill persons or mentally ill persons who are at risk of being homeless.

(b) For purposes of administering those funds released to a respective county pursuant to subdivision (a), the county shall comply with all of the requirements described in the Mental Health Services Act, including, but not limited to, Sections 5664, 5847, subdivision (h) of Section 5892, and 5899.

(c) If amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election, this section shall become inoperative on July 1, 2026, and as of January 1, 2027, is repealed.
Cal. RTC § 3103 — California Code / Code rtc / Division 1 / Part 5 / Chapter 6 / Section 3103
Section 3103
Status: in_force

An abstract or a copy of the judgment with respect to unsecured taxes shall be recorded, without fee, in the office of the county recorder of any county. From the time of the recording, the amount of the tax, penalty, and interest set forth constitutes a lien upon all property of the assessee in the county, owned by him or her or afterward, and before the lien expires, acquired by him or her. The lien has the force, effect, and priority of a judgment lien and continues for 10 years from the date of the recording unless sooner released or otherwise discharged. The lien imposed by this section shall not be valid insofar as personal property is concerned as against a purchaser for value without actual knowledge of the lien.
Cal. BPC § 5651 — California Code / Code bpc / Division 3 / Chapter 3.5 / Article 4 / Section 5651
Section 5651
Status: in_force

(a) The board shall by means of examination, ascertain the professional qualifications of all applicants for licenses to practice landscape architecture in this state and shall issue a license to every person whom it finds to be qualified on payment of the initial license fee prescribed by this chapter.

(b) The examination shall consist of a written examination. The written examination may be waived by the board if the applicant meets both of the following requirements:

(1) Is currently licensed by a United States jurisdiction, Canadian province, or Puerto Rico, has passed a written examination equivalent to that which is required in California at the time of application, and has submitted proof of job experience equivalent to that required of California applicants at the time of application.

(2) Has passed the California supplemental examination if, at the time of application, it is required of all California applicants.
Cal. FIN § 17310 — California Code / Code fin / Division 6 / Chapter 2.5 / Article 2 / Section 17310
Section 17310
Status: in_force

(a) It shall be the purpose of Fidelity Corporation to indemnify a member within the State of California against loss, subject to the limitations set forth in this chapter.

(b) Fidelity Corporation shall not be liable for any consequential damages sustained by a member, or by any other person, nor for any punitive damages whatsoever.

(c) The indemnification shall be provided by any of the following:

(1) A fund established by Fidelity Corporation pursuant to Section 17320.

(2) A fidelity bond or insurance policy to be approved by the commissioner.

(3) A combination of paragraphs (1) and (2) subject, however, to the maximum coverage specified in subdivision (b) of Section 17314.

(d) Fidelity Corporation shall provide a copy to all of its members and the commissioner of the fidelity bond or insurance policy as it is acquired or renewed, and Fidelity Corporation shall promptly provide a copy to any member or successor in interest, upon request.
Cal. VEH § 270 — California Code / Code veh / Division 1 / Section 270
Section 270
Status: in_force

“County” includes every county and city and county within this State.
Cal. WAT § 44952 — California Code / Code wat / Division 14 / Part 7 / Chapter 5 / Section 44952
Section 44952
Status: in_force

Revenue warrants shall bear interest at a rate or rates not exceeding 8 percent per annum, payable annually or semiannually or in part annually and in part semiannually, as the board may prescribe.
Cal. VEH § 23306 — California Code / Code veh / Division 11 / Chapter 13 / Article 3 / Section 23306
Section 23306
Status: in_force

(a) (1) An issuing agency that operates an electronic toll collection system that permits payment by a transponder or other electronic toll payment device shall, directly or through a third-party vendor, make the transponder or other electronic toll payment device available for acquisition online, by mail, and in person at a retail outlet, the office of an issuing agency or processing agency, as defined in Section 40253, or customer service center.

(2) At least one retail outlet, kiosk, or customer service center that offers the transponder or other electronic toll payment device associated with the issuing agency shall be located within the jurisdiction of the issuing agency.

(3) The issuing agency shall post on an internet website related to its electronic toll collection system locations where tolls may be paid with cash, and locations at which a transponder or other electronic toll payment device may be acquired.

(b) The price of the transponder or other electronic toll payment device shall not exceed the reasonable cost to the issuing agency based on the estimated cost to procure and distribute the device.

(c) As used in this article, “retail outlet” includes a store managed by the issuing agency, a cash payment location, or other locations not managed by the issuing agency.

(d) This section shall become operative on July 1, 2024.
Cal. HSC § 121290.9 — California Code / Code hsc / Division 105 / Part 4 / Chapter 13.7 / Section 121290.9
Section 121290.9
Status: in_force

The requirements of this chapter shall be implemented only after the Department of Finance makes a determination that nonstate funds in an amount sufficient to fully support the activities of the initiative have been deposited with the state. Thereafter, the requirements of this chapter shall be implemented only to the extent that nonstate funds are received for the purposes of this chapter.
Cal. WAT § 106.4 — California Code / Code wat / Division 1 / Chapter 1 / Section 106.4
Section 106.4
Status: in_force

(a) For the purposes of this section:

(1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code.

(2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code.

(3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code.

(4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code.

(5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code.

(b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility.

(c) This section does not apply to a residence that will be rebuilt because of a fire or natural disaster.

(d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
Cal. BPC § 1721.5 — California Code / Code bpc / Division 2 / Chapter 4 / Article 6 / Section 1721.5
Section 1721.5
Status: in_force

All funds received by the Treasurer pursuant to Section 1725 shall be placed in the State Dentistry Fund for the purposes of administering this chapter as it relates to dental assistants, registered dental assistants, registered dental assistants in extended functions, dental sedation assistant permitholders, and orthodontic assistant permitholders. Expenditure of these funds shall be subject to appropriation by the Legislature in the annual Budget Act.
Cal. BPC § 3041.1 — California Code / Code bpc / Division 2 / Chapter 7 / Article 3 / Section 3041.1
Section 3041.1
Status: in_force

An optometrist diagnosing or treating eye disease shall be held to the same standard of care to which physicians and surgeons and osteopathic physicians and surgeons are held. An optometrist shall consult with and, if necessary, refer to a physician and surgeon or other appropriate health care provider when a situation or condition occurs that is beyond the optometrists’s scope of practice. Consultations, referrals, and notifications required by this section shall be documented in the patient record.
Cal. MVC § 487 — California Code / Code mvc / Division 2 / Part 1 / Chapter 10 / Article 5 / Section 487
Section 487
Status: in_force

The department, subject to the approval of the National Guard Members’ Finance Committee, may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any bonds issued under this chapter. All provisions of this chapter applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale, or exchange thereof. The department, with the approval of the National Guard Members’ Finance Committee, may adopt a resolution or resolutions of issuance or supplemental resolutions authorizing the issuance of such refunding bonds and fixing the terms and conditions thereof.
Cal. LAB § 1156.6 — California Code / Code lab / Division 2 / Part 3.5 / Chapter 5 / Section 1156.6
Section 1156.6
Status: in_force

The board shall not direct an election in any bargaining unit which is represented by a labor organization that has been certified within the immediately preceding 12-month period or whose certification has been extended pursuant to subdivision (b) of Section 1155.2.
Cal. RTC § 60350 — California Code / Code rtc / Division 2 / Part 31 / Chapter 6 / Article 5 / Section 60350
Section 60350
Status: in_force

Any person against whom a determination is made by the board under Article 2 (commencing with Section 60301) and Article 3 (commencing with Section 60310) may petition for a redetermination within 30 days after the date the notice thereof is given to him or her. If a petition for redetermination is not filed within the 30-day period, the determination becomes final at the expiration of the period.