reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5 - Indemnification of Victims of Crime › ARTICLE 6 - Administration › Section 13966.

13966. The board may do all of the following to recover moneys owed to the Restitution Fund:
(a) File a civil action against the liable person for the recovery of the amount of moneys owed. This action shall be filed within one year of either of the following events, or within three years of either of the following events if the liable person was overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in paragraph (1) of subdivision (a) of Section 13965:
(1) The mailing or personal service of the notice of the moneys owed if the person affected does not file an appeal with the board or person designated by the board.
(2) The mailing of the decision of the board if the person affected does not initiate a further appeal.
(b) (1) Initiate proceedings for a summary judgment against the liable person. However, this subdivision shall apply only where the board has found, pursuant to Section 13965, that the overpayment may not be waived. The board may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county from which the overpayment of benefits was paid or in the county in which the claimant resides, a certificate containing all of the following:
(A) The amount due, plus interest from the date that the initial determination of the moneys owed was made.
(B) A statement that the board has complied with all the provisions of this chapter prior to the filing of the certificate.
(C) A request that the judgment be entered against the liable person in the amount set forth in the certificate.
(2) The clerk, immediately upon the filing of the certificate, shall enter a judgment for the state against the liable person in the amount set forth in the certificate.
(Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13970.

13970. Direct action on the part of private citizens in preventing the commission of crimes against the person or property of others, or in apprehending criminals, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe, benefits the entire public. In recognition of the public purpose served, the state may indemnify such citizens, their surviving spouses, their surviving children, and any persons dependent upon such citizens for their principal support in appropriate cases for any injury, death, or damage sustained by such citizens, their surviving spouses, their surviving children, and any persons dependent upon such citizens for their principal support as a direct consequence of such meritorious action to the extent that they are not compensated for the injury, death, or damage from any other source. A claim shall be denied if an award has been made under Article 1 (commencing with Section 13960) of this chapter for the same incident.
(Amended by Stats. 1976, Ch. 1436.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13971.

13971. As used in this article, “private citizen” means any person other than a peace officer, fireman, lifeguard, or person whose employment includes the duty to protect the public safety acting within the course and scope of such employment.
(Amended by Stats. 2015, Ch. 569, Sec. 12. (AB 1140) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13972.

13972. (a) If a private citizen incurs personal injury or death or damage to his or her property in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe, the private citizen, his or her surviving spouse, his or her surviving children, a person dependent upon the citizen for his or her principal support, any person legally liable for the citizen’s pecuniary losses, or a public safety or law enforcement agency acting on behalf of any of the above may file a claim with the California Victim Compensation Board for indemnification to the extent that the claimant is not compensated from any other source for the injury, death, or damage. The claim shall generally show all of the following:
(1) The date, place, and other circumstances of the occurrence or events that gave rise to the claim.
(2) A general description of the activities of the private citizen in prevention of a crime, apprehension of a criminal, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe.
(3) The amount or estimated amount of the injury, death, or damage sustained for which the claimant is not compensated from any other source, insofar as it may be known at the time of the presentation of the claim.
(4) Any other information that the California Victim Compensation Board may require.
(b) A claim filed under subdivision (a) shall be accompanied by a corroborating statement and recommendation from the appropriate state or local public safety or law enforcement agency.
(Amended by Stats. 2016, Ch. 31, Sec. 119. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13973.

13973. (a) Upon presentation of a claim pursuant to this chapter, the California Victim Compensation Board shall fix a time and place for the hearing of the claim, and shall mail notices of the hearing to interested persons or agencies. The board shall receive recommendations from public safety or law enforcement agencies, and evidence showing all of the following:
(1) The nature of the crime committed by the apprehended criminal or prevented by the action of the private citizen, or the nature of the action of the private citizen in rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe, and the circumstances involved.
(2) That the actions of the private citizen substantially and materially contributed to the apprehension of a criminal, the prevention of a crime, or the rescuing of a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe.
(3) That, as a direct consequence, the private citizen incurred personal injury or damage to property or died.
(4) The extent of the injury or damage for which the claimant is not compensated from any other source.
(5) Any other evidence that the board may require.
(b) If the board determines, on the basis of a preponderance of the evidence, that the state should indemnify the claimant for the injury, death, or damage sustained, it shall approve the claim for payment. In no event shall a claim be approved by the board under this article in excess of ten thousand dollars ($10,000).
(c) In addition to any award made under this chapter, the board may award, as attorney’s fees, an amount representing the reasonable value of legal services rendered a claimant, but in no event to exceed 10 percent of the amount of the award. No attorney shall charge, demand, receive, or collect for services rendered in connection with any proceedings under this chapter any amount other than that awarded as attorney’s fees under this section. Claims approved under this chapter shall be paid from a separate appropriation made to the California Victim Compensation in the Budget Act and as the claims are approved by the board.
(Amended by Stats. 2016, Ch. 31, Sec. 120. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13974.

13974. The California Victim Compensation Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying into effect this article.
(Amended by Stats. 2016, Ch. 31, Sec. 121. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13974.1.

13974.1. (a) The California Victim Compensation Board shall use the applicable provisions of this article to establish a claim and reward procedure to reward persons providing information leading to the location of any child listed in the missing children registry compiled pursuant to former Section 11114 of the Penal Code or maintained pursuant to the system maintained pursuant to Sections 14203 and 14204 of the Penal Code.
(b) Awards shall be made upon recommendation of the Department of Justice in an amount of not to exceed five hundred dollars ($500) to any one individual. However, as a condition to an award, in any particular case, an amount equal to or greater in nonstate funds shall have been first offered as a reward for information leading to the location of that missing child.
(c) The Missing Children Reward Fund is abolished and any remaining balance is transferred to the Restitution Fund. The California Victim Compensation Board shall make awards pursuant to this section from the Restitution Fund, using the appropriation authority provided in Section 13964.
(Amended by Stats. 2016, Ch. 31, Sec. 122. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 5.5 - Indemnification of Citizens Benefiting the Public › Section 13974.2.

13974.2. Any reference to Article 2 (commencing with Section 13970) of Chapter 5, as it read on December 31, 2002, shall be construed to refer to this chapter.
(Added by Stats. 2002, Ch. 1141, Sec. 13. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4 - CALIFORNIA VICTIM COMPENSATION BOARD › CHAPTER 6 - Victims of Crime Recovery Center › Section 13974.5.

13974.5. (a) The California Victim Compensation Board shall enter into an interagency agreement with the University of California, San Francisco, to establish a victims of crime recovery center at the San Francisco General Hospital for the purpose of providing comprehensive and integrated services to victims of crime, subject to conditions set forth by the board.
(b) This section shall not apply to the University of California unless the Regents of the University of California, by appropriate resolution, make this section applicable.
(c) This section shall only be implemented to the extent that funding is appropriated for that purpose.
(Amended by Stats. 2016, Ch. 31, Sec. 123. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13975.

13975. There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun.
(Repealed and added by Stats. 2013, Ch. 352, Sec. 250. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13976.

13976. The agency is under the supervision of an executive officer known as the Secretary of Transportation. He or she shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor.
The annual salary of the secretary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of this code.
As used in this part, “agency” and “secretary” refer to the Transportation Agency and the Secretary of Transportation, respectively, unless the context otherwise requires.
(Amended by Stats. 2013, Ch. 352, Sec. 252. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13977.

13977. Before entering upon the duties of his office the secretary shall execute an official bond to the state in the penal sum of fifty thousand dollars ($50,000) conditioned upon the faithful performance of his duties.
(Amended by Stats. 1969, Ch. 138.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13978.

13978. The secretary has the power of general supervision over, and is directly responsible to the Governor for, the operations of each department, office, and unit within the agency. The secretary may issue such orders as the secretary deems appropriate to exercise any power or jurisdiction, or to assume or discharge any responsibility, or to carry out or effect any of the purposes vested by law in any department in the agency.
(Amended by Stats. 1980, Ch. 1153.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13978.2.

13978.2. The Secretary of Transportation shall advise the Governor on, and assist the Governor in establishing, major policy and program matters affecting each department, office, or other unit within the agency, and shall serve as the principal communication link for the effective transmission of policy problems and decisions between the Governor and each such department, office, or other unit.
(Amended by Stats. 2013, Ch. 352, Sec. 253. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13978.4.

13978.4. The Secretary of Transportation shall exercise the authority vested in the Governor in respect to the functions of each department, office, or other unit within the agency, including the adjudication of conflicts between or among the departments, offices, or other units; and shall represent the Governor in coordinating the activities of each such department, office, or other unit with those of other agencies, federal, state, or local.
(Amended by Stats. 2013, Ch. 352, Sec. 254. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13979.

13979. The secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in the matters of public interest related to the agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work.
(Amended by Stats. 1969, Ch. 138.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13979.1.

13979.1. With respect to coordinated planning and policy formulation in transportation and housing policies, the secretary shall be responsible for resolving significant policy conflicts among state, local, and federal housing plans and programs and state, local, or federal transportation plans and programs which impede effective implementation of state housing or state transportation policy.
(Added by Stats. 1980, Ch. 1066.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13979.2.

13979.2. (a) The secretary, on behalf of the agency, and any department, office, or other unit within the agency with the authority to implement transportation projects, may assume responsibilities under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and other federal environmental laws, pursuant to Section 327 of Title 23 of the United States Code, for any railroad, public transportation, or multimodal project.
(b)  Before assuming the responsibilities set forth in subdivision (a) through execution of a memorandum of understanding between the State of California and the federal government, the secretary shall submit a copy of the draft memorandum of understanding to the Joint Legislative Budget Committee. Execution of the memorandum of understanding shall occur no sooner than 30 days after the secretary provides the draft memorandum of understanding to the Joint Legislative Budget Committee, or whatever lesser time after that notification that the chair of the joint committee, or the chair’s designee, may determine.
(c) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of any responsibilities assumed pursuant to subdivision (a).
(d) In any action brought pursuant to the federal laws described in subdivision (a) for a project for which responsibilities have been assumed pursuant to subdivision (a), no immunity from suit may be asserted pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.
(e) No responsibility assumed pursuant to subdivision (a) may be delegated to any political subdivision of the state, such as a county, or its instrumentalities.
(f) This section does not affect the obligation of the secretary and all departments, offices, and other units within the agency to comply with state and federal law.
(g) Nothing in this section is intended to repeal or modify Section 820.1 of the Streets and Highways Code.
(h) This section shall not be construed as changing the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(i) This section shall remain in effect only until December 31, 2033, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 58, Sec. 1. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13980.

13980. For the purpose of administration, the secretary shall review the organization of the agency and report to the Governor on such changes as he deems necessary properly to segregate and conduct the work of the agency.
(Amended by Stats. 1969, Ch. 138.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13981.

13981. The secretary and any other officer or employee within the agency designated in writing by the secretary shall have the power of a head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2, Part 1, Division 3, Title 2 of the Government Code.
(Amended by Stats. 1969, Ch. 138.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13982.

13982. Whenever a power is granted to the secretary, the power may be exercised by such officer or employee within the agency as designated in writing by the secretary.
(Amended by Stats. 1969, Ch. 138.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13983.

13983. The secretary shall conduct a program relating to the medical aspects of traffic injury and accident control.
(Amended by Stats. 1969, Ch. 138.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 1 - General Duties and Powers › Section 13984.

13984. In order to ensure that Section 10240.3 of the Business and Professions Code and Sections 327, 22171, and 50333 of the Financial Code are applied consistently to all California entities engaged in the brokering, originating, servicing, underwriting, and issuance of nontraditional mortgage products, the secretary shall ensure that the Director of Consumer Affairs or the Commissioner of Real Estate and the Commissioner of Financial Protection and Innovation coordinate their policymaking and rulemaking efforts.
(Amended by Stats. 2022, Ch. 452, Sec. 185. (SB 1498) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2 - Intellectual Property › Section 13988.

13988. The Legislature finds and declares all of the following:
(a) The state is home to many of the world’s top research universities, national laboratories, and leading-edge high-technology companies that generate significant intellectual property.
(b) It is in the interest of the state to ensure that the results of state-funded research are promptly developed and protected and to make the research available in the public domain, where appropriate.
(c) The commercialization of technology developed with the investment of taxpayer dollars in the form of contracts, grants, and agreements could generate public benefit, including, but not limited to, state revenues, favorable pricing, revenue sharing, reinvestment into research, development of new technologies, the commercialization of the product of state-funded research, and the jobs created from these types of research.
(d) It is in the interest of the state to facilitate, promote, and enhance technology transfer programs that will facilitate the transfer of technology into the marketplace for the public benefit.
(e) The Legislature supports the use of efficient models to develop and streamline infrastructures, policies, and processes for the management of intellectual property developed under state funding in order to stimulate economic development in the state while, at the same time, minimizing costs of administering policies in this area.
(f) It is the intent of the Legislature that the rights of state agencies and departments to track and manage intellectual property created with any state funds shall be interpreted so as to promote the benefit to the public.
(g) It is the intent of the Legislature that the Department of General Services have access to information about intellectual property created by state employees and by state-funded research, consistent with state and federal laws and regulations governing access to this information.
(h) The Legislature recognizes that the licensing of or limitations on the use of intellectual property should accommodate free expression and, therefore, state agencies and departments should not develop policies or procedures to license or otherwise limit the use of the state’s intellectual property in expressive works created by nonstate employees or without state funding.
(Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2 - Intellectual Property › Section 13988.1.

13988.1. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter:
(a) “Department” means the Department of General Services.
(b) “Databases” means compilations of data, typically generated from research, sometimes from one source, but often combined from many sources.
(c) “Expressive works” means a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work.
(d) “Intellectual property” means intangible assets that are subject to statutory protection under applicable patent, copyright, and trademark law. Intellectual property includes, but is not limited to, inventions, industrial designs, identifying marks and symbols, electronic publications, trade secrets, and literary, musical, artistic, photographic, and film works.
(e) “State funding” shall not include either of the following:
(1) Funding from the California Film and Television Tax Credit Program established pursuant to Sections 17053.85 and 23685 of the Revenue and Taxation Code and Chapter 7.75 (commencing with Section 5500) of Title 10 of the California Code of Regulations.
(2) Any fee, tax, fine, or penalty assessed, collected, or received by an air pollution control district or an air quality management district, including any fee, tax, fine, or penalty that is authorized by the state but is not remitted to a state agency. However, state funding shall include a fee, tax, fine, or penalty that is collected by an air pollution control district or an air quality management district that is remitted to a state agency, such as the State Air Resources Board.
(Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2 - Intellectual Property › Section 13988.2.

13988.2. (a) The department shall perform all of the following functions:
(1) Commencing January 1, 2015, and every three years thereafter, track intellectual property generated by state employees or with state funding.
(2) Develop a database that includes, but is not limited to, tracking intellectual property by category of protection, date of creation, owner of intellectual property, grantee, state agency or granting entity, sources of funding, and status of licensing, including invention utilization updates. Failure to include an item in the database does not create any presumption regarding ownership. Prior to January 1, 2018, the database shall include the summary of state-owned intellectual property found in the California State Auditor’s Report 2011-106 on intellectual property. After January 1, 2018, and every three years thereafter, the database shall be updated using information collected by the department pursuant to this section.
(3) Develop a sample maintenance plan of an inventory of intellectual property.
(4) Develop factors that state agencies should consider when deciding whether to sell their intellectual property or license it to others.
(5) Develop an outreach campaign informing state agencies of their rights and abilities concerning intellectual property created by their employees.
(6) Develop sample invention assignment agreements that state agencies can consider if they believe it is necessary to secure the rights to potentially patentable items created by their employees on worktime using state resources.
(7) Develop sample language for licenses or terms-of-use agreements that state agencies can use to limit the use of their intellectual property by others to only appropriate purposes.
(b) This section shall not apply to the use of expressive works created by nonstate employees or without state funding.
(Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2 - Intellectual Property › Section 13988.3.

13988.3. (a) Notwithstanding any other law, state agencies and departments may, upon request, share records and information related to intellectual property generated by state employees or with state funding with the department.
(b) Any employee or former employee of the department who has access to or knowledge of the records and information described in subdivision (a), shall not divulge or make known to any person not employed by the department in any manner not expressly permitted by law any particulars of these records or information that is restricted by law from public disclosure, or represents a first publication of research results, or information pertaining to patent rights that would not otherwise be publicly available.
(Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2 - Intellectual Property › Section 13988.4.

13988.4. (a) This chapter shall not apply to intellectual property or intellectual property related agreements administered by the Regents of the University of California, the subcontractors of the Regents of the University of California, and the Trustees of the California State University. This chapter shall apply to a funding agreement from a state agency for the performance of research, and these funding agreements shall be subject to the model contract provisions developed pursuant to Chapter 14.27 (commencing with Section 67325) of Part 40 of Division 5 of Title 3 of the Education Code.
(b) This chapter shall not apply to intellectual property agreements governed by the California Stem Cell Research and Cures Bond Act (Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106 of the Health and Safety Code).
(c) This chapter shall not apply to an intellectual property agreement entered into by the California Initiative to Advance Precision Medicine pursuant to subdivision (f) of Section 65057.
(Amended by Stats. 2016, Ch. 24, Sec. 28. (AB 1602) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2.5 - State-Funded Research › Section 13989.

13989. This act shall be known and may be cited as the California Taxpayer Access to Publicly Funded Research Act.
(Added by Stats. 2014, Ch. 789, Sec. 1. (AB 609) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2.5 - State-Funded Research › Section 13989.2.

13989.2. For the purposes of this chapter the following definitions shall apply:
(a) “Peer-reviewed manuscript” means a manuscript after it has been peer reviewed and in the form in which it has been accepted for publication in a scientific journal.
(b) “Research grant” means a grant to a researcher that is provided in whole or in part by a state agency.
(c) “State agency” has the same meaning as defined in Section 10295.1 of the Public Contract Code
(Amended by Stats. 2018, Ch. 296, Sec. 1. (AB 2192) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.5 - TRANSPORTATION AGENCY › CHAPTER 2.5 - State-Funded Research › Section 13989.4.

13989.4. The Legislature finds and declares all of the following:
(a) The state is home to many of the world’s top research universities, national laboratories, and leading-edge high-technology companies that generate significant intellectual property.
(b) It is in the interest of the state to ensure that the results of scientific research funded by a state agency are promptly developed and protected and to ensure free public Internet access to the results, where appropriate.
(c) The expansion of innovation with the investment of taxpayer dollars in the form of publicly funded grants could generate public benefit, including, but not limited to, reinvestment in research, development of new innovations, and jobs created from these types of research.
(Amended by Stats. 2018, Ch. 296, Sec. 2. (AB 2192) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.6 - STATE TRANSPORTATION BOARD › Section 13990.

13990. (a) The State Transportation Board and the State Transportation Board Office are hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of the State Transportation Board and the State Transportation Board Office.
(b) Any reference in any law or regulation to the State Transportation Board or the State Transportation Board Office shall be deemed to refer to the California Transportation Commission.
(c) The California Transportation Commission shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the State Transportation Board or the State Transportation Board Office.
(Repealed and added by Stats. 1977, Ch. 1106.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 1 - Legislative Intent › Section 13995.

13995. This chapter shall be known and may be cited as the California Tourism Marketing Act.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 2 - Definitions › Section 13995.20.

13995.20. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter.
(a) “Appointed commissioner” means a commissioner appointed by the Governor pursuant to paragraph (2) of subdivision (b) of Section 13995.40.
(b) “Assessed business” means a person required to pay an assessment pursuant to this chapter, and until the first assessment is levied, any person authorized to vote for the initial referendum. An assessed business shall not include a public entity or a corporation when a majority of the corporation’s board of directors is appointed by a public official or public entity, or serves on the corporation’s board of directors by virtue of being elected to public office, or both.
(c) “Commission” means the California Travel and Tourism Commission.
(d) “Director” means the Director of the Governor’s Office of Business and Economic Development.
(e) “Elected commissioner” means a commissioner elected pursuant to subdivision (d) of Section 13995.40.
(f) “Industry category” means the following classifications within the tourism industry:
(1) Accommodations.
(2) Restaurants and retail.
(3) Attractions and recreation.
(4) Transportation and travel services, other than passenger car rental.
(5) Passenger car rental.
(g) “Industry segment” means a portion of an industry category. For example, motor home rentals are an industry segment of the transportation and travel services industry category.
(h) “Maximum assessment” means a dollar amount, adopted by the commission, over which an assessed business shall not be required to pay. The commission may adopt differing amounts of maximum assessment for each industry category or industry segment.
(i) “Office” means the Office of Tourism, also popularly referred to as the Division of Tourism, within the Governor’s Office of Business and Economic Development.
(j) “Person” means an individual, public entity, firm, corporation, association, or any other business unit, whether operating on a for-profit or nonprofit basis.
(k) “Referendum” means any vote by mailed ballot of measures recommended by the commission and approved by the director pursuant to Section 13995.60, except for the initial referendum, which shall consist of measures contained in the selection committee report, discussed in Section 13995.30.
(l) “Selection committee” means the Tourism Selection Committee described in Article 3 (commencing with Section 13995.30).
(Amended by Stats. 2013, Ch. 353, Sec. 83. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.40.5.

13995.40.5.  Notwithstanding subdivision (d) of Section 13995.40, the number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category, except that no more than six commissioners shall be elected from the passenger car rental category.
(Amended by Stats. 2014, Ch. 401, Sec. 44. (AB 2763) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.41.

13995.41. The purpose of the commission is to increase the number of persons traveling to and within California.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.42.

13995.42. (a) The commission is a separate, independent California nonprofit mutual benefit corporation. Except as provided in Section 13995.43, the staff of the commission shall be employees solely of the commission, and the procedures adopted by the commission shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
(b) Not later than six months following the initial referendum, the commission shall adopt procedures concerning the operation of the commission in order to provide due process rights for assessed businesses.
(c) In the event that the commission fails to adopt the procedures described in subdivision (b) within the specified timeframe, the director shall adopt procedures for use by the commission until the commission adopts its own procedures. These procedures shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1), whether adopted by the commission or director.
(Amended by Stats. 2013, Ch. 352, Sec. 258. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.43.

13995.43. (a) The commission shall be administered by an executive director. That individual shall be a tourism industry marketing professional, recommended by a vote of the commissioners and approved by the Governor. The executive director shall serve at the pleasure of both the commissioners and the Governor.
(b) The executive director shall report to and receive overall guidance from the commission, and shall implement the commission’s tourism marketing plan. The executive director shall report to the director for day-to-day managerial and financial responsibilities.
(c) The executive director shall serve as the director of the office and shall be an exempt employee, employed by the state. Notwithstanding any other provision of law, the executive director may supervise both employees of the commission and employees of the office, notwithstanding the fact that the commission employees are employees solely of the commission.
(d) The salary and benefits of the executive director shall be determined by the commission, and approved by the director, based upon industry standards for a director of a marketing budget of similar size. The entire salary and all benefits of the executive director shall be paid from assessments.
(Amended by Stats. 2013, Ch. 352, Sec. 259. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.44.

13995.44. (a) (1) The commission shall annually provide to all assessed businesses, the chairperson of the Joint Legislative Budget Committee, and the chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review a report on the activities and budget of the commission including, but not limited to, income and expenses, the fund balance, a summary of the tourism marketing plan, and a report of progress in achieving the goals set forth in the plan. The portions of the report that pertain to the commission’s income and expenses and the fund balance, as well as those other portions that the commission may from time to time deem appropriate, shall be audited by independent accountants retained by the commission for this purpose. The commission shall also annually post the report on its internet website.
(2) The commission’s annual budget shall be subject to the review and approval of the director. However, any decision of the director related to the budget may be overridden by a vote of three-fifths or more of the commissioners then in office.
(b) The commission shall maintain a report on the percentage assessment allocation between industry categories and industry segments. The report shall also specify the reasons and methodology used for the allocations. This report shall be updated every time the assessment allocations are amended. The report shall be made available to any assessed business.
(Amended by Stats. 2021, Ch. 74, Sec. 19. (SB 151) Effective July 12, 2021.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.45.

13995.45. (a) The commission shall annually prepare, or cause to be prepared, a written marketing plan. In developing the plan, the commission shall utilize, as appropriate, the advice and recommendations of the industry marketing advisory committee or committees established pursuant to subdivision (a) of Section 13995.47. The commission may amend the plan at any commission meeting. All expenditures by the commission shall be consistent with the marketing plan.
(b) The plan shall promote travel to and within California, and shall include, but not be limited to, the following:
(1) An evaluation of the previous year’s budget and activities.
(2) Review of California tourism trends, conditions, and opportunities.
(3) Target audiences for tourism marketing expenditures.
(4) Marketing strategies, objectives, and targets.
(5) Budget for the current year.
(c) Before final adoption of the plan, the commission shall provide each known destination marketing organization in California notice of the availability of the proposed marketing plan and suitable opportunity, which may include public meetings, to review the plan and to comment upon it. The commission shall take into consideration any recommendations submitted by the destination marketing organizations, except that the final determination as to the nature, extent, and substance of the plan shall in all respects rest solely within the ultimate discretion of the commission, except as provided in subdivision (d).
(d) The final adoption of the plan shall be subject to the review and approval of the director. However, any decision of the director related to the plan may be overridden by a vote of three-fifths or more of the commissioners then in office.
(Amended by Stats. 2013, Ch. 352, Sec. 261. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.46.

13995.46. Commissioners and employees of the commission are not responsible individually in any way whatsoever to any person for liability for any good faith activity of the commission.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.47.

13995.47. (a) The commission shall establish one or more industry marketing advisory committees, which may include noncommissioners as members. The industry marketing advisory committees shall be structured so that, in the aggregate, they include, to the maximum extent feasible and reasonable, representation from every geographic region of the state and every segment of the state’s travel and tourism industry. The commission shall establish procedures for the operation of the industry marketing advisory committees that will provide appropriate opportunity for every geographic region of the state and every segment of the travel and tourism industry to offer advice and recommendations to the commission relative to the development of its written marketing plan pursuant to Section 13995.45.
(b) The commission may also establish from time to time any other committees it deems appropriate, and may appoint noncommissioners to the committees.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)