reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 7 - DEFENSE OF PUBLIC EMPLOYEES › Section 996.4.

996.4. If after request a public entity fails or refuses to provide an employee or former employee with a defense against a civil action or proceeding brought against him and the employee retains his own counsel to defend the action or proceeding, he is entitled to recover from the public entity such reasonable attorney’s fees, costs and expenses as are necessarily incurred by him in defending the action or proceeding if the action or proceeding arose out of an act or omission in the scope of his employment as an employee of the public entity, but he is not entitled to such reimbursement if the public entity establishes (a) that he acted or failed to act because of actual fraud, corruption or actual malice, or (b) that the action or proceeding is one described in Section 995.4.
Nothing in this section shall be construed to deprive an employee or former employee of the right to petition for a writ of mandate to compel the public entity or the governing body or an employee thereof to perform the duties imposed by this part.
(Added by Stats. 1963, Ch. 1683, Sec. 16.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 7 - DEFENSE OF PUBLIC EMPLOYEES › Section 996.6.

996.6. The rights of an employee or former employee under this part are in addition to and not in lieu of any rights he may have under any contract or under any other enactment providing for his defense.
(Added by Stats. 1963, Ch. 1683, Sec. 16.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 8 - SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-0 CYPRESS STRUCTURE DISASTER RELIEF › Section 997.

997. The Legislature finds and declares that, in order to aid the victims of the collapse of the San Francisco-Oakland Bay Bridge and the I-880 Cypress structure caused by the October 17, 1989, earthquake, it is necessary to create a special fund for payment of personal property, personal injury, and death claims arising from that disaster.
It is the purpose of this part to compensate personal injury or death victims of the Bay Bridge and I-880 Cypress structure collapse without regard to legal liability, fault, or responsibility, and without the necessity of litigation against the State of California or its agencies, officers, or employees. It is the further intent of the Legislature that all valid claims shall be paid fairly and promptly. Nothing in this part shall be construed as an admission of legal liability, responsibility, or fault on the part of the State of California or any of its agencies, officers or employees.
(Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 8 - SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-0 CYPRESS STRUCTURE DISASTER RELIEF › Section 997.2.

997.2. The application of any individual who was injured as a result of the collapse of the Bay Bridge or I-880 Cypress structure caused by the October 17, 1989, earthquake, and any surviving spouse, child, dependent adult offspring, or dependent parent of any individual killed as a result of that collapse, may include a request for emergency payment. Upon the determination that the applicant is eligible, the board or its designee shall award emergency payments in the following amounts:
Death of spouse
$50,000
Death of parent by dependent minor
$50,000
Death of parent by dependent adult offspring
$50,000
Death of adult offspring by dependent parent
$25,000
Death of dependent minor
$25,000
Loss of income and medical expenses incurred
by injured person
up to $25,000
The maximum award to members of an immediate family pursuant to this section based on any one death shall not exceed two hundred thousand dollars ($200,000). If the aggregate amount of individual payments for members of an immediate family pursuant to this section would otherwise exceed this amount, each individual shall share in this maximum amount proportionately.
Payments made pursuant to this section shall constitute an offset against any amounts received under Section 997.3 as well as any amount which may be received from the state as a result of litigation in the courts of this state. Payments made pursuant to this section shall not constitute an admission of liability nor be admissible as evidence in any court action.
No attorney or other representative shall accept any fee or other compensation for representing any applicant under Section 997.2 unless the compensation is authorized by a superior court upon a finding of exceptional circumstances.
(Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 8 - SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-0 CYPRESS STRUCTURE DISASTER RELIEF › Section 997.3.

997.3. (a) If the board determines that an applicant pursuant to this part is eligible for compensation, and upon receipt of all information it deems necessary to evaluate the applicant’s loss, the board shall make an offer in an amount it deems to be just compensation, subject to the approval of the Director of Finance. The board shall appoint a person to facilitate the settlement process provided in this section, provided that the presiding judge of the Alameda County Superior Court may reject any appointment within 30 days of notice of the appointment.
(b) The offer shall be made to the applicant in writing who shall either accept or reject the offer in writing within 30 days of receipt thereof. Failure to respond to the offer shall be deemed a rejection. If the applicant accepts the offer, all other legal remedies are waived as against the State of California and its agencies, officers, and employees. If the applicant rejects the offer, all other legal remedies may be pursued against the State of California or its agencies, officers, or employees as otherwise provided in this division.
(Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 8 - SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-0 CYPRESS STRUCTURE DISASTER RELIEF › Section 997.4.

997.4. For the purpose of computing the time limits applicable to the date of the accrual of a cause of action against any party, other than the State of California, to a court action related to the facts giving rise to a claim subject to this part, the date of accrual of a cause of action shall be deemed to be the mailing date of the board’s rejection or denial of an application or the applicant’s rejection of an offer, notwithstanding any other date of accrual that might otherwise have been applicable.
(Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 8 - SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-0 CYPRESS STRUCTURE DISASTER RELIEF › Section 997.5.

997.5. There is hereby created within the State Treasury the San Francisco-Oakland Bay Bridge and I-880 Cypress Structure Disaster Fund for the purpose of paying, pursuant to this part, personal property, personal injury, and death claims against the State of California or its agencies, officers, or employees, arising from the collapse of the San Francisco-Oakland Bay Bridge and the I-880 Cypress structure on October 17, 1989. Notwithstanding Section 13440, moneys in the fund are continuously appropriated to the Department of Finance without regard to fiscal years for the purpose of paying awards made pursuant to this part.
(Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 8 - SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-0 CYPRESS STRUCTURE DISASTER RELIEF › Section 997.6.

997.6. The board may adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 to implement this part. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, regulations adopted by the office in order to implement this section shall not be subject to the review and approval of the Office of Administrative Law. These regulations shall become effective immediately upon filing with the Secretary of State.
(Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 9 - LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT › Section 998.

998. The Legislature finds and declares that in order to alleviate the economic and social disruptions arising out of the Lake Davis Northern Pike Eradication Project, it is necessary and appropriate to create a special account within the Special Deposit Fund for payment of economic and infrastructure assistance to the City of Portola and the County of Plumas, and for all other claims arising out of that project. The Legislature hereby appropriates to the office of the Attorney General in the Department of Justice the sum of nine million one hundred seventy-six thousand dollars ($9,176,000) from the General Fund to the special account within the Special Deposit Fund, to be known as the Lake Davis Northern Pike Eradication Project Relief Account, to pay these claims as apportioned in Section 998.1.
It is the purpose of this part to compensate the above claimants without regard to legal liability, fault, or responsibility, and without the necessity of litigation against the State of California, or its agencies, officers, or employees. It is the further intent of the Legislature that all valid claims shall be negotiated for settlement purposes fairly and promptly. Nothing in this part shall be construed as an admission of legal liability, responsibility, or fault on the part of the State of California, or any of its agencies, officers, or employees.
(Added by Stats. 1998, Ch. 937, Sec. 1. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 9 - LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT › Section 998.3.

998.3. (a) If the office of the Attorney General or its designee determines that an applicant pursuant to this part is eligible for compensation, upon receipt of all information it deems necessary to evaluate the applicant’s loss, it shall make an offer in an amount it deems to be just and fair.
(b) The offer shall be made to the applicant in writing, who shall either accept or reject the offer in writing within 30 days of receipt thereof. Failure to respond to the offer shall be deemed a rejection. If the applicant accepts the offer, the applicant shall be deemed to have waived all other legal remedies against the State of California, it agencies, officers, and employees. If the applicant rejects the offer, all other legal remedies may be pursued against the State of California, it agencies, officers, and employees. Any notice of offer or rejection shall contain the notice required pursuant to subdivision (b) of Section 911.8.
(Added by Stats. 1998, Ch. 937, Sec. 1. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 1 - Classification of Officers › Section 1001.

1001. The civil executive officers are: a Governor; a private secretary and an executive secretary for the Governor; a Lieutenant Governor; a Secretary of State; a Deputy Secretary of State; a Keeper of Archives of State for the Secretary of State; a bookkeeper for the Secretary of State; three recording clerks for the Secretary of State; a Controller; a Deputy Controller; a bookkeeper for the Controller; five clerks for the Controller; a Treasurer; a Deputy Treasurer; a bookkeeper for the Treasurer; a clerk for six months in each year for the Treasurer; an Attorney General and all assistant and deputy attorneys general; a Superintendent of Public Instruction; one clerk for the Superintendent of Public Instruction; an Insurance Commissioner; a deputy for the Insurance Commissioner; four port wardens for the Port of San Francisco; a port warden for each port of entry except San Francisco; five State Harbor Commissioners for San Francisco Harbor; six pilots for each harbor where there is no board of pilot commissioners; three members of the Board of Pilot Commissioners for Humboldt Bay and Bar; 13 members of the State Board of Food and Agriculture; four members of the State Board of Equalization; a clerk of the State Board of Equalization; three members of the State Board of Education; a librarian for the Supreme Court Library and the Chief Assistant Clerk/Executive Officer and the Assistant Clerks/Executive Officers of the Supreme Court; five directors for the state hospital at Napa; the manager, assistant manager, chief counsel, and division chiefs for the State Compensation Insurance Fund; the head of each department and all chiefs of divisions, deputies, and secretaries of a department; such other officers as fill offices created by or under the authority of charters or laws for the government of counties and cities or of the health, school, election, road, or revenue laws; or persons serving on boards or commissions created under the laws of the state or established under the State Constitution.
(Amended by Stats. 2018, Ch. 92, Sec. 85. (SB 1289) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1020.

1020. (a) A person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state.
(b) Notwithstanding any other law, a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state.
(c) Notwithstanding any other law, a person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office.
(Amended by Stats. 2019, Ch. 790, Sec. 3. (SB 225) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1020.5.

1020.5. (a) Notwithstanding Section 1020 or any other provision of law, no person shall be incapable of holding any office in a youth services bureau solely by reason of being under 18 years of age.
(b) For purposes of this section, the term “youth services bureau” means a state or local public agency, including a joint powers agency, which has as its primary purpose the establishment of a program of prevention of juvenile delinquency and to provide opportunities for young people to function as responsible members of the community.
(Added by Stats. 1975, Ch. 1115.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1021.

1021. A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1021.5.

1021.5. (a) If a public employee is convicted of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of his or her official duties as a public employee, he or she shall be disqualified for five years from any public employment, including, but not limited to, employment with a city, county, district, or any other public agency of the state.
(b) The five-year disqualification period described in subdivision (a) shall begin on the later of either of the following:
(1) The date of final conviction.
(2) The date on which the public employee is released from any incarceration.
(c) For purposes of this section, “public employee” means any person employed at will for the purposes of providing services to an elected public officer who takes public office, or is reelected to public office, on or after January 1, 2013.
(Added by Stats. 2012, Ch. 54, Sec. 1. (AB 1654) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1022.

1022. Other provisions respecting disqualification for particular offices are contained in the Constitution and in the laws concerning the various offices.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1023.

1023. A person is ineligible to hold office or employment of any kind under the State, any county, city, district or other political or governmental unit of the State if he, while either a citizen or resident of the United States, has by oath bound himself to support, maintain or further the military or political activities or policies of any foreign government or of any official thereof or society or association therein or to obey the orders or directions of any foreign government or of any official thereof.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1024.

1024. Any person who holds any office or employment under the state or any county, city, district or other political or governmental unit of the state and who has taken any oath described in Section 1023 is relieved of ineligibility to office or employment if he or she petitions any superior court for leave to renounce all promises or obligations assumed by him or her under that oath, and renounces all those promises or obligations before a judge of that court.
Any other person who has taken or hereafter takes any such oath may at any time be relieved of ineligibility by petitioning any superior court and renouncing all such promises or obligations in like manner.
(Amended by Stats. 1998, Ch. 776, Sec. 1. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1026.

1026. Every person who exercises the duties of any office in violation of the provisions of this article relative to oaths, and every person who knowingly appoints to office a person ineligible by reason of the provisions of this article relative to oaths, is guilty of a felony.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1027.

1027. Every person who exercises the duties of any employment in violation of the provisions of this article relative to oaths, and every person who knowingly employs a person ineligible by reason of the provisions of this article relative to oaths, is guilty of a misdemeanor.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1028.

1028. It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party or of an organization which during the time of his membership he knows advocates overthrow of the Government of the United States or of any state by force or violence.
(Amended by Stats. 1953, Ch. 1646.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1028.1.

1028.1. It shall be the duty of any public employee who may be subpenaed or ordered by the governing body of the state or local agency by which such employee is employed, to appear before such governing body, or a committee or subcommittee thereof, or by a duly authorized committee of the Congress of the United States or of the Legislature of this State, or any subcommittee of any such committee, to appear before such committee or subcommittee, and to answer under oath a question or questions propounded by such governing body, committee or subcommittee, or a member or counsel thereof, relating to:
(a) Present personal advocacy by the employee of the forceful or violent overthrow of the Government of the United States or of any state.
(b) Present knowing membership in any organization now advocating the forceful or violent overthrow of the Government of the United States or of any state.
(c) Past knowing membership at any time since October 3, 1945, in any organization which, to the knowledge of such employee, during the time of the employee’s membership advocated the forceful or violent overthrow of the Government of the United States or of any state.
(d) Questions as to present knowing membership of such employee in the Communist Party or as to past knowing membership in the Communist Party at any time since October 3, 1945.
(e) Present personal advocacy by the employee of the support of a foreign government against the United States in the event of hostilities between said foreign government and the United States.
Any employee who fails or refuses to appear or to answer under oath on any ground whatsoever any such questions so propounded shall be guilty of insubordination and guilty of violating this section and shall be suspended and dismissed from his employment in the manner provided by law.
(Amended by Stats. 1957, Ch. 2106.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1028.2.

1028.2. Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of the Statutes of 1947, are not applicable to school district employees. It is the intent of the Legislature that the Education Code shall apply to such employees.
(Added by Stats. 1955, Ch. 84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1029.1.

1029.1. The Department of Corrections and the Department of the Youth Authority shall complete a background investigation, using as guidelines standards defined by the Commission on Peace Officer Standards and Training, of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer. In order to reduce potential duplication of effort by individual institutions, investigations shall be accomplished by each department on a centralized or regional basis to the extent administratively feasible.
(Added by Stats. 1984, Ch. 424, Sec. 1. Effective July 12, 1984. Operative January 1, 1985, by Sec. 5 of Ch. 424.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1030.

1030. A classifiable set of the fingerprints of every person who is now employed, or who hereafter becomes employed, as a peace officer of the state, or of a county, city, city and county or other political subdivision, whether with or without compensation, shall be furnished to the Department of Justice and to the Federal Bureau of Investigation by the sheriff, chief of police or other appropriate appointing authority of the agency by whom the person is employed.
This section shall not apply to any currently employed peace officer whose appointment antedates the effective date of this section and whose fingerprints have already been submitted by his appointing authority to the Department of Justice and to the Federal Bureau of Investigation.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1031.1.

1031.1. (a) For purposes of performing a thorough background investigation for applicants not currently employed as a peace officer, as required by subdivision (d) of Section 1031, or in the case of an applicant for a position other than a sworn peace officer within a law enforcement agency, an employer shall disclose employment information relating to a current or former employee, upon request of a law enforcement agency, if all of the following conditions are met:
(1) The request is made in writing.
(2) The request is accompanied by a notarized authorization by the applicant releasing the employer of liability.
(3) The request and the authorization are presented to the employer by a sworn officer or other authorized representative of the employing law enforcement agency.
(b) In the absence of fraud or malice, an employer shall not be subject to civil liability for any relevant cause of action by virtue of releasing employment information required pursuant to this section. This section does not in any way or manner abrogate or lessen the existing common law or statutory privileges and immunities of an employer.
(c) For purposes of this section, “employment information” includes written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire, and other information relevant to the performance of a peace officer or other law enforcement agency applicant, except information prohibited from disclosure by any other state or federal law or regulation.
(d) An employer’s refusal to disclose information to a law enforcement agency in accordance with this section shall constitute grounds for a civil action for injunctive relief requiring disclosure on the part of an employer.
(e) Employment information disclosed by an employer to an initial requesting law enforcement agency shall be deemed confidential. However, the initial requesting law enforcement agency may disclose this information to another authorized law enforcement agency that is also conducting a background investigation into a peace officer or other law enforcement agency applicant. If this information is disclosed to another law enforcement agency, that agency shall utilize the information for investigative leads only and the information shall be independently verified by that agency in order to be used in determining the suitability of a peace officer or other law enforcement agency applicant.
(f) An employer may charge reasonable fees to cover actual costs incurred in copying and furnishing documents to law enforcement agencies as required by this section.
(Amended by Stats. 2019, Ch. 256, Sec. 4. (SB 781) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1031.2.

1031.2. Consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336) and paragraph (3) of subdivision (e) of Section 12940, the collection of nonmedical or nonpsychological information of peace officers, in accordance with a thorough background investigation, as required by subdivision (d) of Section 1031, may be deferred until after a conditional offer of employment is issued if the employer can demonstrate that the information could not reasonably have been collected prior to the offer.
(Added by Stats. 2008, Ch. 437, Sec. 1. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1031.3.

1031.3. (a) The Commission on Peace Officer Standards and Training, by January 1, 2022, shall study, review, and update their regulations and associated screening materials related to the emotional and mental condition evaluation required by Section 1031 to incorporate both of the following:
(1) Identification of explicit bias towards race or ethnicity, gender, nationality, religion, disability, or sexual orientation.
(2) Identification of implicit bias towards race or ethnicity, gender, nationality, religion, disability, or sexual orientation.
(b) For the purpose of this section, race or ethnicity, gender, nationality, religion, disability, and sexual orientation have the same meaning as incorporated by Section 422.55 of the Penal Code.
(Added by Stats. 2020, Ch. 322, Sec. 2. (AB 846) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1031.4.

1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as peace officers as described in Section 830.1, with the exception of those described in subdivision (c) of that section, 830.2, with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment.
(b) This section shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California.
(Added by Stats. 2021, Ch. 405, Sec. 3. (AB 89) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1040.

1040. (a) The Department of Motor Vehicles may require fingerprint images and associated information from an employee or prospective employee whose duties include or would include any of the following:
(1) Access to confidential information in a database of the department.
(2) Access to confidential or sensitive information provided by a member of the public including, but not limited to, a credit card number or social security account number.
(3) Access to cash, checks, or other accountable items.
(4) Responsibility for the development or maintenance of a critical automated system.
(5) Making decisions regarding the issuance or denial of a license, endorsement, certificate, or indicia.
(b) The fingerprint images and associated information of an employee or prospective employee of the Department of Motor Vehicles whose duties include or would include those specified in subdivision (a), or any person who assumes those duties, may be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information, received by the Department of Justice, pursuant to this section, shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the Department of Motor Vehicles with information as provided under subdivision (p) of Section 11105 of the Penal Code.
(d) The Department of Motor Vehicles shall request subsequent arrest notification, from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for applicants described in subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department of Motor Vehicles whose appointment occurred prior to January 1, 2005.
(g) The Department of Motor Vehicles may investigate the criminal history of persons applying for employment in order to make a final determination of that person’s fitness to perform duties that would include any of those specified in subdivision (a).
(Added by Stats. 2004, Ch. 419, Sec. 1. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1041.

1041. (a) (1) The Department of Managed Health Care may require fingerprint images and associated information from a prospective employee whose duties would include access to medical information.
(2) The department shall require that any services contract or interagency agreement that may include review of medical information for compliance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), and entered into, renewed, or amended after January 1, 2006, shall include a provision requiring the contractor to agree to permit the department to run criminal background checks on its employees, contractors, agents, or subcontractors that will have access to this information as part of their contract with the department.
(b) The fingerprint images and associated information of a prospective employee, contractor, agent, subcontractor, or employee of a contractor of the Department of Managed Health Care whose duties include or would include access to the information specified in subdivision (a), or any person who assumes those duties, may be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information, received by the Department of Justice, pursuant to this section, shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the Department of Managed Health Care with information as provided under subdivision (p) of Section 11105 of the Penal Code.
(d) The Department of Managed Health Care shall request subsequent arrest notification, from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for applicants described in subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department of Managed Health Care whose appointment occurred prior to January 1, 2006.
(g) The Department of Managed Health Care may investigate the criminal history for crimes involving moral turpitude of persons applying for employment in order to make a final determination of that person’s fitness to perform duties that would include any access to confidential information.
(Added by Stats. 2005, Ch. 339, Sec. 1. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Disqualifications for Office or Employment › Section 1043.

1043. (a) (1) The executive board of the California Health Benefit Exchange, as established by Section 100500, shall, consistent with the federal Centers for Medicare and Medicaid Services (CMS), Catalog of Minimum Acceptable Risk Standards for Exchanges (MARS-E), Exchange Reference Architecture Supplement version 1.0, issued on August 12, 2012, or further updates, guidance, or regulations, submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors, volunteers, or vendors, whose duties include or would include access to confidential information, personal identifying information, personal health information, federal tax information, or financial information contained in the information systems and devices of the Exchange, or any other information as required by federal law or guidance applicable to state-based exchanges for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal.
(2) The board shall require a services contract, interagency agreement, or public entity agreement that includes or would include access to information described in paragraph (1), and entered into, renewed, or amended on or after June 17, 2013, to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in paragraph (1) as part of their services contract, interagency agreement, or public entity agreement with the board.
(b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to paragraph (1) of subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the board.
(c) The Department of Justice shall provide a state or federal level response to the board pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The board shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in paragraph (1) of subdivision (a).
(e) The Department of Justice shall charge a fee sufficient to cover the cost of processing requests pursuant to this section.
(Amended by Stats. 2014, Ch. 71, Sec. 66. (SB 1304) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 3 - Residence Restrictions and Absence from State › Section 1060.

1060. The following officers shall keep their offices in the City of Sacramento:
(a) The Governor.
(b) Secretary of State.
(c) Controller.
(d) Treasurer.
(e) Attorney General.
(f) Superintendent of Public Instruction.
(g) Justices of the Supreme Court.
(h) Clerk and reporters of the Supreme Court.
(i) Adjutant General.
(Amended by Stats. 1984, Ch. 898, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 3 - Residence Restrictions and Absence from State › Section 1061.

1061. The director of each department who is a member of the Governor’s council shall reside at Sacramento.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 3 - Residence Restrictions and Absence from State › Section 1062.

1062. No state or municipal officer shall absent himself from the state for more than 60 days, unless either:
(a) Upon business of the state, or the municipality,
(b) With the consent of the Legislature, or the governing body of the municipality.
The prohibition of this section shall not apply to the Governor, Lieutenant Governor, Secretary of State, Attorney General, Controller, Treasurer, Superintendent of Public Instruction, a Member of the State Board of Equalization, a Member of the State Personnel Board, or a Member of the Legislature; provided, no such person shall reside outside the state.
In the case of illness or other urgent necessity, and upon a proper showing thereof the time limited for absence from the state shall be extended by:
(a) The Governor in the case of state officers.
(b) The city council or other governing body of the municipality in the case of municipal officers.
(Amended by Stats. 1979, Ch. 485.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 3 - Residence Restrictions and Absence from State › Section 1063.

1063. No officer of a county or judicial district shall absent himself from the state for more than 30 days unless either:
(a) Upon business for the state, county or judicial district,
(b) With the consent of the board of supervisors of the county.
In no case shall such officer absent himself from the state for more than two months without the consent of the board of supervisors, with the written approval of the Governor, nor shall such absence continue for a period exceeding six months in any one year.
This section does not apply to judicial officers.
(Amended by Stats. 1965, Ch. 1384.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 3 - Residence Restrictions and Absence from State › Section 1064.

1064. No member of the governing board of a school district or a community college district shall be absent from the state for more than 60 days, except in any of the following situations:
(a) Upon business of the school district or community college district with the approval of the board.
(b) (1) With the consent of the governing board of the school district or community college district for an additional period not to exceed a total absence of 90 days.
(2) In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the governing board of the school district or community college district.
(c) For federal military deployment, not to exceed an absence of a total of six months, as a member of the Armed Forces of the United States or the California National Guard. If the absence of a member of the governing board of a school district or community college district pursuant to this subdivision exceeds six months, the governing board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the governing board may appoint an interim member to serve in his or her absence. If two or more members of the governing board of a school district or community college district are absent by reason of the circumstances described in this subdivision, and those absences result in the inability to establish a quorum at a regular meeting, the governing board may immediately appoint one or more interim members as necessary to enable the governing board to conduct business and discharge its responsibilities.
(d) The term of an interim member of the governing board of a school district or community college district appointed pursuant to subdivision (c) may not extend beyond the return of the absent member, nor may it extend beyond the next regularly scheduled election for that office.
(Amended by Stats. 2011, Ch. 54, Sec. 1. (AB 334) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 4 - Prohibitions Applicable to Specified Officers › Section 1090.

1090. (a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.
(b) An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a).
(c) As used in this article, “district” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.
(Amended by Stats. 2014, Ch. 483, Sec. 1. (SB 952) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 4 - Prohibitions Applicable to Specified Officers › Section 1090.1.

1090.1. No officer or employee of the State nor any Member of the Legislature shall accept any commission for the placement of insurance on behalf of the State.
(Added by Stats. 1957, Ch. 812.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 1 - General › ARTICLE 4 - Prohibitions Applicable to Specified Officers › Section 1091.1.

1091.1. The prohibition against an interest in contracts provided by this article or any other provision of law shall not be deemed to prohibit any public officer or member of any public board or commission from subdividing lands owned by him or in which he has an interest and which subdivision of lands is effected under the provisions of Division 2 (commencing with Section 66410) of Title 7 of the Government Code or any local ordinance concerning subdivisions; provided, that (a) said officer or member of such board or commission shall first fully disclose the nature of his interest in any such lands to the legislative body having jurisdiction over the subdivision thereof, and (b) said officer or member of such board or commission shall not cast his vote upon any matter or contract concerning said subdivision in any manner whatever.
(Amended by Stats. 1975, Ch. 24.)