reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.4.

6103.4. Section 6103 does not apply to any fee or charge for official services required by any of the following:
(a) The Environmental Laboratory Accreditation Act (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code).
(b) Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code.
(c) The California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code).
(d) The Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104 of the Health and Safety Code).
(e) Article 2 (commencing with Section 116800) and Article 3 (commencing with Section 116825) of Chapter 5 of Part 12 of Division 104 of the Health and Safety Code.
(f) Part 5 (commencing with Section 4999) of Division 2 of the Water Code.
(g) Division 7 (commencing with Section 13000) of the Water Code.
(Amended by Stats. 2015, Ch. 673, Sec. 1. (AB 1531) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.5.

6103.5. (a) Whenever a judgment is recovered by a public agency named in Section 6103, either as plaintiff or petitioner or as defendant or respondent, in any action or proceeding to begin, or to defend, which under the provisions of Section 6103 no fee for any official service rendered by the clerk of the court, including, but not limited to, the services of filing, certifying, and preparing transcripts, nor fee for service of process or notices by a sheriff or marshal has been paid, other than in a condemnation proceeding, quiet title action, action for the forfeiture of a fish net or nets or action for the forfeiture of an automobile or automobiles, the clerk entering the judgment shall include as a part of the judgment the amount of the filing fee, and the amount of the fee for the service of process or notices which would have been paid but for Section 6103, designating it as such. The clerk entering the judgment shall include as part of the judgment the amount of the fees for certifying and preparing transcripts if the court has, in its discretion, ordered those fees to be paid.
(b) When an amount equal to the clerk’s fees and the fees for service of process and notices is collected upon a judgment pursuant to subdivision (a), those amounts shall be due and payable to the clerk and the serving officer respectively. The clerk shall ascertain from the serving officer’s return the amount of fees he or she would have charged had it not been for the provisions of Section 6103. Remittances of the amounts so due shall be made within 45 days by the fiscal officer of the plaintiff or petitioner or respondent or defendant in the action or proceeding unless those fees have been collected by the levying officer and remitted to the court. No interest shall be computed or charged on the amount of the fee. If the judgment pursuant to subdivision (a) consists only of the amount of the filing fee, it shall be at the public agency’s discretion whether to seek collection. If the public agency determines not to seek collection of the filing fee, it shall notify the clerk and no further action as provided for in this section may be brought against the public agency.
(c) If the remittance is not received within 45 days of the filing of a partial satisfaction of judgment in an amount at least equal to the fees due to the clerk or a satisfaction of judgment has been filed, notwithstanding any other provision of law and except as provided in subdivision (b), the court may issue a writ of execution for recovery from the public agency of those fees plus the fees for issuance and execution of the writ plus a fee for administering this section.
(d) The superior court shall set a fee, not to exceed the actual costs of administering this section, up to a maximum of twenty-five dollars ($25), which shall be added to the writ of execution.
(Amended by Stats. 2002, Ch. 784, Sec. 124. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.6.

6103.6. Section 6103 does not apply to any fee or charge for official services established by a city or county ordinance as a reasonable and nondiscriminatory inspection fee to defray the costs of the inspection by such city or county of work done in, under, on or about any city or county street or highway, whether such work is done pursuant to franchise, statutory authority, or otherwise. Section 6103 does not apply to a reasonable and nondiscriminatory fee or charge established by a city or county ordinance to defray the costs of insuring such city or county against liability for injury or death to persons and damage to property resulting from such work in streets and highways. This section does not authorize a fee or charge for the mere issuance of a permit to do such work, nor does this section authorize the assessment against, or collecting of, any fee or charge from the State.
(Added by Stats. 1963, Ch. 1257.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.7.

6103.7. Section 6103 does not apply to any fee or charge for official services established by a city, county, city and county, or district as a reasonable and nondiscriminatory inspection fee to defray the costs of the inspection by such city, county, city and county, or district of building construction work performed within the boundaries of such city, county, city and county, or district, whether such work is done pursuant to franchise, statutory authority, or otherwise. Section 6103 does not apply to a reasonable and nondiscriminatory fee or charge established by a city, county, city and county, or district ordinance to defray the costs of providing plan-checking services to any applicant, whether such plan-checking services are performed by the city, county, city and county, or district having jurisdiction over the construction or are contracted by such city, county, city and county, or district to an independent plan-checking firm. This section does not authorize a fee or charge for the mere issuance of a permit to do such work, nor does this section authorize the assessment against, or collecting of any fee or charge from, the state or its agencies when, and to the extent that, such inspection or services are otherwise required by law, to be, and are in fact, performed by another governmental agency.
(Amended by Stats. 1973, Ch. 692.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.8.

6103.8. (a) Sections 6103 and 27383 do not apply to any fee or charge for recording full releases executed or recorded pursuant to Section 7174 of the Government Code, Sections 4608 and 5003.7 of the Public Resources Code, and Sections 2194, 11496, 12494, and 32362 of the Revenue and Taxation Code, where there is full satisfaction of the amount due under the lien that is released.
(b) The fee for recording full releases listed in subdivision (a) shall be the amount prescribed in subdivision (a) of Section 27361.3.
(c) In the case of full releases recorded by the state taxing agency pursuant to Section 7174 of the Government Code, the recording agency shall be billed quarterly or, at the option of the agency, at more frequent intervals. All billing shall refer to the agency certificate number of the recorded releases.
(d) The fee for recording full releases for any document relating to an agreement to reimburse a county for public aid granted by the county shall be the amount prescribed in subdivision (a) of Section 27361.3.
(e) The fee for filing any release of judgment that was in favor of a government agency and recorded pursuant to Section 6103 or 27383 shall be the amount prescribed in subdivision (a) of Section 27361.3.
(f) Sections 6103 and 27383 do not apply to any fee or charge for recording a notice of state tax lien under subdivision (d) of Section 7171 or a certificate of release under subdivision (h) of Section 7174.
(g) The fee for recording a notice of state tax lien pursuant to subdivision (d) of Section 7171 and a certificate of release under subdivision (h) of Section 7174 shall be as permitted by Sections 27361, 27361.2, 27361.4, and 27361.8.
(h) In the case of recording a notice of state tax lien pursuant to subdivision (f) or a certificate of release pursuant to subdivision (f), the recording agency shall be billed quarterly or at the option of the agency at more frequent intervals. All billing shall refer to the agency notice or certificate number.
(Amended by Stats. 2021, Ch. 77, Sec. 7. (AB 137) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.9.

6103.9. (a) Notwithstanding any other provision of law, except as provided in this section, the local child support agency and the district attorney shall be exempt from the payment of any fees, including fees for service of process and filing fees, in any action or proceeding brought for the establishment of a child support obligation or the enforcement of a child or spousal support obligation.
(b) A court or county may be reimbursed for those direct costs related to the establishment of a child support obligation or the enforcement of a child or spousal support obligation which have been agreed to pursuant to a plan of cooperation. Any reimbursement pursuant to a plan of cooperation shall not include any amount which is payable as a filing fee.
(c) For purposes of this section, a “plan of cooperation” includes an agreement entered into by a court and the Administrative Office of the Courts of the California Judicial Council which provides for reimbursement for the cost of providing clerical and administrative support furnished by the court.
(Amended by Stats. 2000, Ch. 808, Sec. 95. Effective September 28, 2000.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.10.

6103.10. (a) Section 6103 does not apply to any fee or charges required to be paid to the Director of Toxic Substances Control or to the California Department of Tax and Fee Administration pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of, and Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, except as otherwise provided in subdivision (b) of Section 25205.1 of, and Section 25205.7 of, the Health and Safety Code.
(b) This section shall become operative on January 1, 2022.
(Amended by Stats. 2022, Ch. 258, Sec. 17. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.11.

6103.11. Section 6103 does not apply to any fee or charge for official services required by Title 7.3 (commencing with Section 66700).
(Added by Stats. 1976, Ch. 1309.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6103.12.

6103.12. Section 6103 does not apply to any fee charged by a county clerk or county recorder, or clerk of the court, pursuant to Section 17980.1 or 17980.2 of the Health and Safety Code.
(Added by Stats. 1990, Ch. 192, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6104.

6104. Whenever an oath or affidavit is necessary in order that the State or any political subdivision thereof may recover funds or property due the State or political subdivision, no fee shall be charged for the taking of the oath.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6105.

6105. Whenever an oath or affidavit is necessary in order that a person may obtain charity or relief from any agency or department of the United States, the State or any political subdivision thereof, no fee shall be charged for the taking of the oath.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6106.

6106. Neither the State, nor any county or city, nor any public officer or body acting in his official capacity on behalf of the State, any county, or city, including notaries public, shall receive any fee or compensation for services rendered in an affidavit, or application relating to the securing of a pension, or the payment of a pension voucher, or any matter relating thereto.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6108.

6108. No officer of a county or judicial district shall charge or receive any fee or compensation for administering or certifying the oath of office or for filing or swearing to any claim or demand against any county in the State.
(Amended by Stats. 1951, Ch. 1553.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6109.

6109. Every officer of a county or judicial district, upon receiving any fees for official duty or service, may be required by the person paying the fees to make out in writing and to deliver to the person a particular account of the fees. The account shall specify for what the fees, respectively, accrued, and the officer shall receipt it. If the officer refuses or neglects to do so when required, he is liable to the person paying the fees in treble the amount so paid.
(Amended by Stats. 1951, Ch. 1553.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6110.

6110. Upon payment of the fees required by law, the officer shall perform the services required. For every failure or refusal to do so, the officer is liable upon his official bond.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2 - Fees › Section 6111.

6111. (a) On and after July 1, 2021, the unpaid balance of any court-imposed costs pursuant to Section 27712, subdivision (c) or (f) of Section 29550, and Sections 29550.1, 29550.2, and 29550.3, as those sections read on June 30, 2021, is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
(b) This section shall become operative on July 1, 2021.
(Added by Stats. 2020, Ch. 92, Sec. 11. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6150.

6150. Any officer of a county who is not specifically authorized by statute so to do may be authorized by the board of supervisors of the county to accept negotiable paper in payment for any license, permit, or fee, in payment of any other obligation owing to such county, or in payment of any trust deposit. Such authorization may be withdrawn at any time by the board of supervisors and may be given under such conditions as the board of supervisors by resolution shall establish. Any officer so authorized may, at his discretion, accept negotiable paper in payment for any license, permit, or fee, in payment of any other obligation owing to such county, or in payment of any trust deposit.
(Amended by Stats. 1980, Ch. 561.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6151.5.

6151.5. Any local officer, office, agency or unit which collects or receives taxes, fees, charges or any funds for public services may, when payment is acceptable in the form of a negotiable instrument, be paid by check, draft or money order payable to the office, agency, board or unit without including the name or names of the officer or persons then occupying the office.
(Added by Stats. 1974, Ch. 1162.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6152.

6152. The acceptance of negotiable paper pursuant to this chapter constitutes payment of any amount owing to a county as of the date of acceptance when, but not before, the negotiable paper is duly paid.
(Amended by Stats. 1980, Ch. 561.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6153.

6153. (a) If, pursuant to another provision of law, a bank account has been authorized for the use of the officer, he shall deposit in that account as soon as practicable any negotiable paper accepted by him pursuant to this chapter.
(b) If a bank account has not been authorized for the use of such officer, he shall deposit negotiable paper accepted pursuant to this chapter as soon as practicable in the county treasury, and the county treasurer shall handle such negotiable paper like any other negotiable paper accepted by him.
(Amended by Stats. 1961, Ch. 1096.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6154.

6154. Any negotiable paper redeemed by or charged back to the county treasurer by reason of nonpayment shall be returned to the officer who deposited it with him. Upon notification from the county treasurer a memorandum charging the officer who made the deposit and crediting the county treasurer shall be issued by the county auditor on the fund into which the original deposit was made.
(Added by Stats. 1955, Ch. 1471.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6155.

6155. If any negotiable paper is not paid on due presentment for any reason, any record of payment made by the officer receiving such paper shall be canceled. Any receipt issued in acknowledgment of such payment shall also be deemed to be canceled. The license fee, permit fee, fine or other obligation shall continue as an outstanding obligation as though no payment had been attempted.
The officer accepting negotiable paper shall make any memoranda necessary to enable him to make proper cancellation on its return without payment. Such officer shall incur no personal liability for the acceptance of negotiable paper pursuant to this chapter which is not paid on due presentment unless such paper is accepted in violation of any condition imposed by the board of supervisors.
(Added by Stats. 1955, Ch. 1471.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6156.

6156. When a cancellation is made, the officer making it shall enter it in the accounting records of his office. He shall immediately send a notice to the person who attempted payment by the negotiable paper of the cancellation of the payment.
The validity of any license fee, permit fee, fee, fine or other obligation shall not be affected by any failure or irregularity in giving this notice.
(Added by Stats. 1955, Ch. 1471.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.5 - Medium of Payment › Section 6157.

6157. (a) The state, and each city, whether general law or chartered, county, and district, each subdivision, department, board, commission, body, or agency of the foregoing, shall accept personal checks, in addition to any other authorized form of payment, drawn in its favor or in favor of a designated official thereof, in payment for any license, permit, or fee, or in payment of any obligation owing to the public agency or trust deposit, if the person issuing the check furnishes to the person authorized to receive payment satisfactory proof of residence in this state and if the personal check is drawn on a banking institution located in this state.
(b) If any personal check, corporate check, cashier’s check, money order, or other draft method offered in payment pursuant to this section is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the public agency, may be imposed to recover the public agency’s processing and collection costs. This charge may be added to, and become part of, any underlying obligation other than an obligation which constitutes a lien on real property, and a different method of payment for that payment and future payments by this person may be prescribed.
(c) The acceptance of a personal check, corporate check, cashier’s check, money order, or other draft method pursuant to this section constitutes payment of the obligation owed to the payee public agency to the extent of the amount of the check as of the date of acceptance when, but not before, the check is duly paid.
(d) The provisions in subdivision (b) prohibiting a returned check charge being added to, and becoming a part of, an obligation which constitutes a lien on real property do not apply to obligations under the Veterans’ Farm and Home Purchase Act of 1974 (Article 3.1 (commencing with Section 987.50) of Chapter 6 of Division 4 of the Military and Veterans Code).
(Amended by Stats. 2013, Ch. 607, Sec. 1. (SB 825) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.6 - State Payment Card Act › Section 6160.

6160. The Legislature finds and declares that there are costs associated with all forms of payment, including cash and checks. The Legislature further finds and declares that by accepting payment by credit card or other payment devices, state agencies will be able to take advantage of new technologies that will improve their efficiency and will increase consumer convenience and choice by providing state consumers with an alternative method of payment.
(Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.6 - State Payment Card Act › Section 6161.

6161. For the purposes of this chapter:
(a) “Cardholder” means a person making a payment to a state agency by credit card or payment device.
(b) “Credit card” shall have the same meaning as provided in subsection (k) of Section 1602 of Title 15 of the United States Code (Section 103(k) of the federal Truth in Lending Act, and regulations promulgated thereunder).
(c) “Director” means the Director of General Services.
(d) “In person” means from one natural person to another who, as an employee or other representative of a state agency, accepts payment and processes the payment according to the procedures of the agency.
(e) “Payment device” shall have the same meaning as the definition of “accepted card or other means of access” set forth in paragraph (1) of Section 1693a of Title 15 of the United States Code (Section 903(1) of the federal Electronic Fund Transfer Act), and for purposes of this chapter shall also include a card that enables a person to pay for transactions through the use of value stored on the card itself.
(f) “Person” means a natural person or an organization, including a corporation, partnership, limited liability company, proprietorship, association, cooperative, estate, trust, or government unit.
(g) “State agency” shall have the same meaning as set forth in Section 11000.
(Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.6 - State Payment Card Act › Section 6162.

6162. (a) Except as provided in Section 6159, the Director of General Services, or his or her designee, may negotiate and enter into any contracts necessary to implement or facilitate the acceptance of credit cards or other payment devices by state agencies. The authority granted to the director pursuant to this section shall include the discretion to negotiate and agree to specific terms applicable to each state agency, including, but not limited to, the terms regarding any payment of fees to third parties for the acceptance of credit cards or other payment devices, types of payments, any limitations on amounts and limits of liabilities that would be eligible for payment by credit card or other payment device, and operational requirements.
(b) The director may negotiate master contracts or other contracts that allow the cost-effective acceptance of payment by credit card or other payment device. Additionally, the director or any state agency negotiating these contracts shall use its best efforts to minimize the financial impact of credit card or other payment device acceptance on the state agency, taxpayers, and the public who use its services.
(c) The director, in consultation with the Director of e-Government, shall take steps to encourage the adoption of standard payment policies and procedures for all state agencies. Furthermore, a state agency may enter into an interagency agreement with another state agency for the purposes of establishing uniform policies and acquiring equipment to support payment by credit card or other payment device.
(Amended by Stats. 2001, Ch. 427, Sec. 1. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.6 - State Payment Card Act › Section 6164.

6164. No officer or employee of a state agency, or other individual, who in the course of his or her employment or duty has or had access to credit card or payment device information provided to the state agency under this chapter shall disclose or make known in any manner information provided under this chapter or use the information for any unauthorized purpose. Any violation of this section shall be a misdemeanor.
(Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.6 - State Payment Card Act › Section 6165.

6165. The Department of General Services and state agencies shall enter into interagency agreements to reimburse the Department of General Services for its costs in entering into contracts pursuant to this chapter.
(Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 2.6 - State Payment Card Act › Section 6166.

6166. Any state agency accepting payment by a means of credit card, whether pursuant to this chapter or Section 19005 of the Revenue and Taxation Code, shall, when sending a billing statement, notify each payer permitted to make payment to that agency by means of a credit card of his or her option of making payment by means of a credit card. Each state agency that sends a billing statement to an individual who is allowed to make payment to that agency by means of a credit card shall provide either of the following on that statement or on a document provided with the statement:
(a) A designated space on the payment form upon which the payer can provide a credit card number, expiration date, and signature.
(b) Complete instructions as to the procedure, by means of telephone or otherwise, that the payer must follow in order to pay by means of a credit card.
(Added by Stats. 1999, Ch. 203, Sec. 1. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3 - Crimes Relating to Public Records, Documents, and Certificates › Section 6200.

6200. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:
(a) Steal, remove, or secrete.
(b) Destroy, mutilate, or deface.
(c) Alter or falsify.
(Amended by Stats. 2011, Ch. 15, Sec. 129. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3 - Crimes Relating to Public Records, Documents, and Certificates › Section 6201.

6201. Every person not an officer referred to in Section 6200, who is guilty of any of the acts specified in that section, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 130. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3 - Crimes Relating to Public Records, Documents, and Certificates › Section 6203.

6203. (a) Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he or she makes and delivers as true any certificate or writing containing statements which he or she knows to be false.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law.
(Amended by Stats. 2007, Ch. 399, Sec. 3. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.01 - Public Records Protection and Recovery › Section 6204.

6204. (a) For purposes of this chapter, the following definitions shall apply:
(1) “Archivist” means the Chief of Archives, as specified in Section 12227.
(2) “Record” has the same meaning as “public records” is defined in Section 7920.530, and includes, but is not limited to, any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics.
(3) “Secretary” means the Secretary of State.
(b) Whenever the secretary, in consultation with the archivist, has reasonable grounds to believe that a record belonging to the state or a local agency is in the possession of a person, organization, or institution not authorized by law to possess that record, the secretary may issue a written notice demanding that person, organization, or institution to do either of the following within 20 calendar days of receiving the notice:
(1) Return the record to the appropriate state or local agency.
(2) Respond in writing and declare why the record does not belong to the state or a local agency.
(c) The notice and demand issued pursuant to subdivision (b) shall identify the record claimed to belong to the state or local agency with reasonable specificity, and shall state that the secretary is authorized to take legal action to recover the record if the person, organization, or institution fails to respond in writing within the required time or does not adequately demonstrate that the record does not belong to the state or a local agency.
(d) The secretary shall send the notice and demand specified in subdivision (b) by certified or registered mail, return receipt requested.
(e) When a record is returned pursuant to paragraph (1) of subdivision (b), upon the request of the person, organization, or institution that returned the record, the secretary or a local agency that receives the record shall issue to that person, organization, or institution a copy or digital image of the record, which shall be certified as a true copy of the record that was returned to the state or local agency, and dated on the same day the record was returned.
(Amended by Stats. 2021, Ch. 615, Sec. 141. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.01 - Public Records Protection and Recovery › Section 6204.1.

6204.1. (a) If a person, organization, or institution that receives a written notice and demand from the secretary pursuant to Section 6204 does not deliver the described record, does not respond to the notice and demand within the required time, or does not adequately demonstrate that the record does not belong to the state or a local agency, the secretary may ask the Attorney General to petition the superior court in the county in which the records are located for an order requiring the return of the record.
(b) After a hearing, and upon a finding that the specified record is in the possession of a person, organization, or institution not authorized by law to possess the record, the court shall order the record to be delivered to the archivist or other government official designated by the court.
(c) The court may issue any order necessary to protect the record from destruction, alteration, transfer, conveyance, or alienation by the person, organization, or institution in possession of the record, and may order the record to be surrendered into the custody of the archivist pending the court’s decision on the petition. The court may order the record to be available for public access under a request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)).
(Amended by Stats. 2021, Ch. 615, Sec. 142. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.01 - Public Records Protection and Recovery › Section 6204.2.

6204.2. (a) If a local agency has reasonable grounds to believe that a record belonging to that local agency is in the possession of a person, organization, or institution not authorized by law to possess the record, it may request the secretary to act on its behalf pursuant to the procedures specified in Sections 6204 and 6204.1, or undertake on its own behalf the same procedure available to the secretary under those sections, subject to subdivisions (b), (c), and (d).
(b) If a person, organization, or institution that receives a written notice and demand from a local agency issued pursuant to this section does not deliver the described record, does not respond to the notice and demand within the required time, or does not adequately demonstrate that the record does not belong to the local agency, the local agency may request the county district attorney or, where applicable, the city attorney, to petition the superior court in the county in which the record is located for an order requiring the return of the record.
(c) After a hearing, and upon a finding that a specified record is in the possession of a person, organization, or institution not authorized by law to possess the record, the court shall order the record to be delivered to the local agency or a government official designated by the court.
(d) The court may issue any order necessary to protect the record from destruction, alteration, transfer, conveyance, or alienation by the person, organization, or institution in possession of the record, and may order the record to be surrendered into the custody of the local agency pending the court’s decision on the petition. The court may order the record to be available for public access under a request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)).
(Amended by Stats. 2021, Ch. 615, Sec. 143. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.01 - Public Records Protection and Recovery › Section 6204.3.

6204.3. (a) Notwithstanding any other provision of this chapter, an organization or institution having physical custody of a record shall be exempt from Sections 6204 to 6204.2, inclusive, if the organization or institution meets both of the following requirements:
(1) It follows professional practices recommended by the Society of American Archivists, as used by the archivist, for the management, care, and preservation of historical records.
(2) It requires that all records it receives or maintains are subject to inspection to the same extent that the records would be subject to inspection and not exempt from disclosure pursuant to Division 10 (commencing with Section 7920.000) if received or maintained by a public agency.
(b) If an organization or institution refuses public inspection of a record in its custody in violation of the requirements described in paragraph (2) of subdivision (a), the archivist or local agency, or a designated representative, shall contact the organization or institution to inform it of those requirements and, if appropriate, facilitate inspection of the record. If an organization or institution continues to deny public inspection consistent with paragraph (2) of subdivision (a), the secretary, on behalf of the archivist or the local agency may pursue recovery of the records under this chapter.
(Amended by Stats. 2021, Ch. 615, Sec. 144. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.01 - Public Records Protection and Recovery › Section 6204.4.

6204.4. In an action brought pursuant to this chapter, the court may award reasonable attorney’s fees and costs to the prevailing party.
(Added by Stats. 2009, Ch. 519, Sec. 1. (AB 1245) Effective January 1, 2010.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6205.

6205. (a) The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse frequently establish new names or addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the changed name or location of a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse to enable interagency cooperation with the Secretary of State in providing name and address confidentiality for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.
(b) This section shall remain in effect only until July 1, 2024, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 642, Sec. 2. (AB 243) Effective January 1, 2024. Repealed as of July 1, 2024, by its own provisions. See later operative version added by Sec. 3 of Stats. 2023, Ch. 642.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6205.

6205. (a) The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse frequently establish new names or addresses to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the changed name or location of a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse to enable interagency cooperation with the Secretary of State in providing name and address confidentiality for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.
(b) This section shall become operative on July 1, 2024.
(Repealed (in Sec. 2) and added by Stats. 2023, Ch. 642, Sec. 3. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6205.5.

6205.5. (a) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.
(2) “Cohabitant” has the same meaning as in subdivision (b) of Section 18291 of the Welfare and Institutions Code.
(3) “Domestic violence” means an act as defined in Section 6211 of the Family Code.
(4) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code.
(5) “Elder or dependent adult abuse” means an act described in Section 15610.07 of the Welfare and Institutions Code or an offense described in Section 368 of the Penal Code.
(6) “Household member” means an adult person who resides at the same residential address as the applicant or participant and is related to the applicant or participant by blood, marriage, registered domestic partnership, adoption, or is a cohabitant of an applicant or participant.
(7) “Human trafficking” means any act punishable pursuant to Section 236.1 of the Penal Code.
(8) “Program participant” means a person certified as a program participant under Section 6206.
(9) “Sexual assault” means an act or attempt made punishable by Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6 of, or former Section 262 or 288a of, the Penal Code.
(10) “Stalking” means an act as defined in Section 646.9 of the Penal Code.
(b) This section shall remain in effect only until July 1, 2024, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 642, Sec. 4. (AB 243) Effective January 1, 2024. Repealed as of July 1, 2024, by its own provisions. See later operative version added by Sec. 5 of Stats. 2023, Ch. 642.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6205.5.

6205.5. (a) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.
(2) “Child abduction” means an act or attempted act made punishable pursuant to Section 278 or 278.5 of the Penal Code.
(3) “Cohabitant” has the same meaning as in subdivision (b) of Section 18291 of the Welfare and Institutions Code.
(4) “Domestic violence” means an act as defined in Section 6211 of the Family Code.
(5) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code.
(6) “Elder or dependent adult abuse” means an act described in Section 15610.07 of the Welfare and Institutions Code or an offense described in Section 368 of the Penal Code.
(7) “Household member” means an adult person who resides at the same residential address as the applicant or participant and is related to the applicant or participant by blood, marriage, registered domestic partnership, adoption, or is a cohabitant of an applicant or participant.
(8) “Human trafficking” means any act punishable pursuant to Section 236.1 of the Penal Code.
(9) “Program participant” means a person certified as a program participant under Section 6206.
(10) “Sexual assault” means an act or attempted act made punishable by Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6 of, or former Section 262 or 288a of, the Penal Code.
(11) “Stalking” means an act as defined in Section 646.9 of the Penal Code.
(b) This section shall become operative on July 1, 2024.
(Repealed (in Sec. 4) and added by Stats. 2023, Ch. 642, Sec. 5. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6206.1.

6206.1. Certification as a program participant shall not be evidence that minor children in the participant’s custody are at risk in the participant’s care.
(Added by Stats. 2022, Ch. 686, Sec. 5. (AB 1726) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6206.4.

6206.4. The Secretary of State shall keep confidential name changes of program participants obtained pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure. The Secretary of State shall have the same responsibilities and obligations to program participants who have obtained a name change as to any other program participant under this chapter.
(Added by Stats. 2000, Ch. 33, Sec. 5. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 3.1 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse › Section 6206.5.

6206.5. Upon termination of a program participant’s certification, the Secretary of State shall retain records as follows:
(a) Except as provided in subdivision (g) of Section 6206.7 or Section 6208, any records or documents pertaining to a program participant shall be held confidential for a period of three years after withdrawal or termination of certification.
(b) All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed, except for change of name records, which shall be retained permanently and only be accessible pursuant to Section 6208 and Section 1798.34 of the Civil Code.
(Amended by Stats. 2012, Ch. 270, Sec. 3. (SB 1082) Effective January 1, 2013.)