reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms › Section 4526.

4526. Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, state agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services shall adopt by regulation, and local agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837.
In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Section 87100.
(Amended by Stats. 1991, Ch. 314, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms › Section 4526.5.

4526.5. A state agency head entering into a contract pursuant to this chapter shall, in addition to any other applicable statute or regulation, also follow Section 6106 of the Public Contract Code.
(Added by Stats. 1990, Ch. 1128, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms › Section 4527.

4527. In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, the state agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data.
(a) When the selection is by a state agency head, statewide announcement of all projects requiring architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him or her, no less than three of the firms deemed to be the most highly qualified to provide the services required.
(b) When the selection is by a local agency head, the agency head may undertake the procedures described in subdivision (a). In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when these employees have a relationship with a person or business entity seeking a contract under this section.
(Amended by Stats. 1991, Ch. 314, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms › Section 4528.

4528. (a) When the selection is by a state agency head the following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best qualified firm for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services at compensation which the state agency head determines is fair and reasonable to the State of California or the political subdivision involved.
(2) Should the state agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency head determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated. The state agency head shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the state agency head shall terminate negotiations. The state agency head shall then undertake negotiations with the third most qualified firm.
(3) Should the state agency head be unable to negotiate a satisfactory contract with any of the selected firms, the state agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this chapter until an agreement is reached.
(b) When the selection is by a local agency head, the local agency head may undertake the procedures described in subdivision (a).
(Amended by Stats. 1991, Ch. 314, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms › Section 4529.

4529. This chapter shall not apply where the state or local agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest.
(Amended by Stats. 1988, Ch. 1016, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms › Section 4529.5.

4529.5. Any individual or firm proposing to provide construction project management services pursuant to this chapter shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.
(Added by Stats. 1987, Ch. 698, Sec. 6.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.10.

4529.10. For purposes of Article XXII of the California Constitution and this act, the term “architectural and engineering services” shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.11.

4529.11. All projects included in the State Transportation Improvement Program programmed and funded as interregional improvements or as regional improvements shall be subject to Article XXII of the California Constitution. The sponsoring governmental entity shall have the choice and the authority to contract with qualified private entities for architectural and engineering services. For projects programmed and funded as regional improvements, the sponsoring governmental entity shall be the regional or local project sponsor. For projects programmed and funded as interregional improvements, the sponsoring governmental entity shall be the State of California, unless there is a regional or local project sponsor, in which case the sponsoring governmental entity shall be the regional or local project sponsor. The regional or local project sponsor shall be a regional or local governmental entity.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.12.

4529.12. All architectural and engineering services shall be procured pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.13.

4529.13. Nothing contained in this act shall be construed to change project design standards, seismic safety standards or project construction standards established by state, regional or local governmental entities. Nor shall any provision of this act be construed to prohibit or restrict the authority of the Legislature to statutorily provide different procurement methods for design-build projects or design-build-and-operate projects.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.14.

4529.14. Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.15.

4529.15. This act only applies to architectural and engineering services defined in Government Code Section 4529.10. Nothing contained in this act shall be construed to expand or restrict the authority of governmental entities to contract for fire, ambulance, police, sheriff, probation, corrections or other peace officer services. Nor shall anything in this act be construed to expand or restrict the authority of governmental entities to contract for education services including but not limited to, teaching services, services of classified school personnel and school administrators.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.16.

4529.16. This act shall not be applied in a manner that will result in the loss of federal funding to any governmental entity.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.17.

4529.17. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.18.

4529.18. If any act of the Legislature conflicts with the provisions of this act, this act shall prevail.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.1 - Architectural and Engineering Services › Section 4529.20.

4529.20. This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other governmental entities.
(Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4530.

4530. This chapter shall be known as the “Target Area Contract Preference Act.”
(Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4531.

4531. The Legislature hereby declares that it serves a public purpose, and is of benefit to the state, to encourage and facilitate job maintenance and job development in distressed and declining areas of cities and towns in the state. It is the intent of the Legislature to further these goals by providing appropriate preferences to California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of one hundred thousand dollars ($100,000).
(Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4532.

4532. As used in this chapter:
(a) “California-based company” means either of the following:
(1) A business or corporation whose principal office is located in California, and the owners, or officers if the entity is a corporation, are domiciled in California.
(2) A business or corporation that has a major office or manufacturing facility located in California and that has been licensed by the state on a continuous basis to conduct business within the state and has continuously employed California residents for work within the state during the three years prior to submitting a bid or proposal for a state contract.
(b) “Distressed area” means a census tract determined by the Department of Finance, pursuant to Section 13073.5, to be in the top quartile of census tracts for having the highest unemployment and poverty in the state.
(c) “Person with a high risk of unemployment” means a person who:
(1) As a member of one of the eligible groups defined in Section 321 of Public Law 95-600, qualifies an employer who hires them for the federal Targeted Jobs Tax Credit. These groups are: economically disadvantaged youth, economically disadvantaged Vietnam-era veterans, economically disadvantaged ex-convicts, vocational rehabilitation referrals, youth participating in a qualified cooperative education program, recipients of supplemental security income benefits under Title XVI of the Social Security Act, and general assistance recipients.
(2) Would have qualified an employer hiring them for the federal Work Incentive/Welfare Tax Credit authorized by Section 322 of Public Law 95-600. These persons include applicants and recipients of aid to families with dependent children who would have registered for the federal Work Incentive Program, and aid to families with dependent children recipients who have been receiving welfare for at least 90 days.
(3) Is a member of a group identified in subdivision (j) of Section 14005 of the Unemployment Insurance Code.
(d) “Poverty” means the poverty level, as defined by the United States Department of Commerce, Bureau of the Census in the Federal Register, Volume 43, Number 87, for Thursday, May 4, 1978, at pages 19260–19269, and as periodically updated.
(e) “Worksite” means either of the following:
(1) A business located within a distressed area.
(2) A business located in directly adjoining census tract blocks that when attached to the distressed area forms a contiguous boundary. A company that intends to perform the work at a worksite described in this paragraph shall submit a map with the bid or proposal identifying where the worksite is located.
(Amended by Stats. 2021, Ch. 756, Sec. 3. (AB 1574) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4533.

4533. (a) Whenever the state prepares a solicitation for a contract for goods in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award the following preferences:
(1) A workplace preference of 5 percent to California-based companies who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least 50 percent of the hours shall be accomplished at an identified worksite or worksites located in a distressed area.
(2) A workforce preference of between 1 percent and 5 percent, as specified in Section 4533.1, to California-based companies that demonstrate and certify under penalty of perjury that the workforce completing those labor hours are persons with a high risk of unemployment, as defined in Section 4532.
(b) The combined cost of preferences granted under this section shall not exceed one hundred thousand dollars ($100,000) in total, pursuant to Section 4535.2.
(Amended by Stats. 2022, Ch. 28, Sec. 55. (SB 1380) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4533.1.

4533.1. Where a bidder complies with the provisions of Section 4533 or 4534, or the worksite or worksites where at least 50 percent of the labor required to perform the contract is within commuting distance of a distressed area, the state shall award a 1-percent preference for bidders who certify under penalty of perjury to hire persons with high risk of unemployment equal to 5 to 9 percent of its workforce during the period of contract performance; a 2-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 10 to 14 percent of its workforce during the period of contract performance; a 3-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 15 to 19 percent of its workforce during the period of contract performance; and a 4-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 20 or more percent of its workforce during the period of contract performance.
(Amended by Stats. 2021, Ch. 756, Sec. 5. (AB 1574) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4534.

4534. (a) In evaluating proposals for contracts for services in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award the following preferences:
(1) A workplace preference of 5 percent on the price submitted by California-based companies that demonstrate and certify under penalty of perjury that not less than 90 percent of the total labor hours required to perform the contract shall be accomplished at an identified worksite or worksites.
(2) A workforce preference of between 1 percent and 5 percent, as specified in Section 4533.1, to California-based companies that demonstrate and certify under penalty of perjury that the workforce completing those labor hours are persons with a high risk of unemployment, as defined in Section 4532.
(b) The combined cost of preferences granted under this section shall not exceed one hundred thousand dollars ($100,000) in total, pursuant to Section 4535.2.
(Amended by Stats. 2022, Ch. 28, Sec. 56. (SB 1380) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4535.

4535. All state contracts issued to bidders who are awarded preferences under this chapter shall contain conditions to ensure that the contractor performs the contract at the location specified and meets any commitment to employ persons with high risk of unemployment.
(Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4535.1.

4535.1. A business that requests and is given the preference provided for in Section 4533, 4533.1, 4534, or 4534.1 by reason of having furnished a false certification, and which by reason of that certification has been awarded a contract to which it would not otherwise have been entitled, shall be subject to all of the following:
(a) Pay to the state any difference between the contract amount and what the state’s cost would have been if the contract had been properly awarded.
(b) In addition to the amount specified in subdivision (a), be assessed a penalty in an amount of not more than 10 percent of the amount of the contract involved.
(c) Be ineligible to directly or indirectly transact any business with the state for a period of not less than six months and not more than 36 months.
Prior to the imposition of any sanction under this chapter, the contractor or vendor shall be entitled to a public hearing and to five days’ notice of the time and place thereof. The notice shall state the reasons for the hearing.
(Amended by Stats. 2004, Ch. 277, Sec. 1. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4535.2.

4535.2. (a) The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost for a single preference under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply.
(b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive.
(Amended by Stats. 2021, Ch. 756, Sec. 7. (AB 1574) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 10.5 - Target Area Contract Preference Act › Section 4535.3.

4535.3. The Department of General Services, with the cooperation of the Employment Development Department, the Department of Industrial Relations and the Office of Planning and Research, and under the direction of the State and Consumer Services Agency, shall adopt appropriate rules, regulations, and guidelines to implement this chapter.
(Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 11 - Antitrust Claims › Section 4550.

4550. As used in this chapter:
(a) “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
(b) “Public purchasing body” means the state or the subdivision or agency making a public purchase.
(Amended by Stats. 1990, Ch. 694, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 11 - Antitrust Claims › Section 4552.

4552. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
The preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement.
(Added by Stats. 1978, Ch. 414.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 11 - Antitrust Claims › Section 4553.

4553. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement.
(Amended by Stats. 1984, Ch. 740, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 11 - Antitrust Claims › Section 4554.

4554. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement.
(Amended by Stats. 1984, Ch. 740, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 12 - Child Care Facilities for State Employees › Section 4561.

4561. Child care facilities for the employees of the California State University and Colleges and the University of California shall be incorporated into the campus master plans and constructed subject to the provision of state funding appropriations by the Legislature. Determination of the need for, eligibility for use, and utilization of those facilities, shall be subject to terms and conditions of the trustees and the regents.
For the purposes of this chapter, only this section shall apply to the California State University and Colleges system and the University of California.
(Added by renumbering Section 4541 by Stats. 1981, Ch. 714, Sec. 161.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 12 - Child Care Facilities for State Employees › Section 4562.

4562. This chapter shall not apply to the design of new state office buildings, additions, alterations, or repairs of existing state-owned office buildings, where the Public Works Board has approved, prior to the effective date of this chapter, the commencement of the working drawing phase of the new state office building.
(Added by renumbering Section 4542 by Stats. 1981, Ch. 714, Sec. 162.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 5 - PUBLIC WORK AND PUBLIC PURCHASES › CHAPTER 12 - Child Care Facilities for State Employees › Section 4563.

4563. (a) Sections 4560, 4561, and 4562 are not applicable to any state-owned transportation facility.
(b) Space at a state-owned transportation facility may be leased by competitive bid, taking into consideration affordability and quality of care, to a child care operator who has obtained licensure as required by Section 1596.80 of the Health and Safety Code. First priority for child care services provided by the center shall be given to children of state employees who work at the transportation facility and second priority shall be given to children of users of the transportation facility.
(c) No state funds shall be provided to any child care operator pursuant to this section unless all of the following conditions are met:
(1) The child care facility is open to children without regard to any child’s religious beliefs or any other factor related to religion.
(2) No religious instruction is included in the child care program.
(3) The space in which the child care program is operated is not utilized in any manner to foster religion during the time it is used for child care.
(d) The Legislature finds and declares that the use of public property or facilities for the purpose of furnishing child care services for the benefit of persons using public transit is in the public interest and serves a public purpose.
(Amended by Stats. 1993, Ch. 792, Sec. 2. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5000.

5000. The owner of any coupon bond, or of any bond payable to bearer, issued by the State, or any county, municipal corporation, or other public corporation in the State may present the bond to the treasurer or other officer who by law performs the duties of treasurer and request the conversion of the bond into a registered bond.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5001.

5001. The treasurer, or officer performing the duties of treasurer, shall cut off and cancel the coupons of a coupon bond so presented, and shall stamp, print, or write upon the back or the face of a coupon or bearer bond so presented a statement to the effect that the bond is registered in the name of the owner, and that thereafter the interest and principal of the bond are payable to the registered owner.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5002.

5002. The statement may be in substantially the following form:
(Date, giving month, year, and day.)
This bond is registered pursuant to the statute in such cases made and provided in the name of (Here insert name of owner) and the interest and principal thereof are heareafter payable to such owner.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Treasurer (or such other officer)
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5004.

5004. The treasurer, or other officer performing the duties of treasurer, shall keep in his office a book which shall at all times show what bonds are registered and in whose names respectively.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5005.

5005. After a bond is registered it may be transferred from time to time by the registered owner, in person or by attorney, on presentation of the bond to the treasurer, or such other officer, and the bond be again registered as before.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5006.

5006. Notwithstanding any provision to the contrary in any law or municipal charter authorizing the issuance of bonds, whenever under any statute of the State or any charter of any municipal corporation in the State, any bonds are issued, they may be issued either in the form of coupon bonds, in the form of registered bonds, or some in the form of coupon bonds and some in the form of registered bonds, as may be provided in the proceedings for the issuance of the bonds. The provisions of this chapter apply to coupon bonds so issued.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5007.

5007. Any legislative or governing body which authorizes the issuance of bonds of any county, city and county, city, municipal corporation, public district, public authority or other public corporation may, in its ordinance, resolution or order providing for the issuance of such bonds, make any provision for or pertaining to the registration of such bonds, which provisions may be different from or supplemental to the provisions of this chapter or any other law pertaining to registration and which may include, but are not limited to, provisions for the original issuance of all or some of such bonds in registered form, for the subsequent registration of any bond issued in coupon form or payable to bearer, for the form and manner of registration, for registration as to principal only or as to both principal and interest, for changes from one type of registration to another type of registration, for the discharge from registration of any registered bond and for its conversion or reconversion into a coupon bond or bond payable to bearer, for the signature or signatures to be affixed to any new coupons or any new bond issued to accomplish such conversion or reconversion, and for the payment of expenses of registration or of change in or discharge from registration. As used in this section the term “bonds” shall include bonds, warrants, notes and other evidences of indebtedness.
(Added by Stats. 1963, Ch. 737.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1 - Registration of Bonds › Section 5008.

5008. The treasurer, or officer performing the duties of treasurer, of any county, district, municipal corporation, or other public corporation in the State shall be entitled for registering a bond to charge and collect a fee of one dollar ($1) for every one thousand dollars ($1,000) of the par value thereof for the purposes of providing the additional supplies and clerical help necessary in complying with this chapter. The fee to be charged the holder of a state bond for registering or reconverting shall be the fee fixed by the State Treasurer, but shall not exceed one dollar ($1) for every one thousand dollars ($1,000) of par value thereof.
(Amended by Stats. 1961, Ch. 1064.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5050.

5050. This chapter may be cited as the Registered Public Obligations Act of California.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5052.

5052. (a) The code provides that interest with respect to certain obligations may not be exempt from federal income taxation unless they are in registered form. It is, therefore, a matter of state concern that public entities be authorized to provide for the issuance of obligations in such form. It is a purpose of this chapter to empower all public entities to establish and maintain a system pursuant to which obligations may be issued in registered form within the meaning of the applicable provisions of the code.
(b) Obligations have traditionally been issued in bearer rather than in registered form, and a change from bearer to registered form may affect the relationships, rights, and duties of issuers of, and the persons that deal with obligations, and by such effect, the costs. Such effects will impact the various issuers and varieties of obligations differently depending on their legal and financial characteristics, their markets, and their adaptability to recent and prospective technological and organizational developments. It is, therefore, a matter of state concern that public entities be provided flexibility in the development of such systems and control over system incidents, so as to accommodate such differing impacts. It is a purpose of this chapter to empower the establishment and maintenance, and amendment from time to time, of differing systems of registration of obligations, including systems incidents, so as to accommodate the differing impacts upon issuers and varieties of obligations. It is further a purpose of this chapter to authorize systems that will facilitate the prompt and accurate transfer of registered public obligations and developing practices with regard to the registration and transfer of registered public obligations.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5054.

5054. (a) A certificated registered public obligation shall be executed by the issuer by the manual or facsimile signature or signatures of authorized officers. Any signature of an authorized officer may be attested by the manual or facsimile signature of another authorized officer.
(b) In addition to the signatures referred to in subdivision (a), any certificated registered public obligation or any writing relating to an uncertificated registered public obligation may include a certificate or certificates signed by the manual or facsimile signature of an authenticating agent, registrar, transfer agent, or the like.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5055.

5055. (a) Any certificated registered public obligation signed by the authorized officers at the time of the signing thereof shall remain valid and binding, notwithstanding that before the issuance thereof any or all of such officers shall have ceased to fill their respective offices.
(b) Any authorized officer empowered to sign any certificated registered public obligation may adopt, as and for the signature of such officer, the signature of a predecessor in office in the event that such predecessor’s signature appears on such certificated registered public obligation. An authorized officer incurs no liability by adoption of a predecessor’s signature that would not be incurred by such authorized officer, if the signature were that of such authorized officer.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5056.

5056. When a seal is required or permitted in the execution of any certificated registered public obligation, an authorized officer may cause the seal to be printed, engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5057.

5057. (a) An issuer may appoint for such term as may be agreed, including for so long as a registered public obligation may be outstanding, corporate or other authenticating agents, transfer agents, registrars, paying or other agents, and specify the terms of their appointment, including their rights, their compensation and duties, limits upon their liabilities and provision for their payment of liquidated damages in the event of breach of certain of the duties imposed, which liquidated damages may be made payable to the issuer, the owner or a financial intermediary. None of such agents need have an office or do business within this state.
(b) An issuer may agree with custodian banks and financial intermediaries, and nominees of any of them, in connection with the establishment and maintenance by others of a central depository system for the transfer or pledge of registered public obligations. Any such custodian banks and financial intermediaries, and nominees, if qualified and acting as fiduciaries, may serve also as authenticating agents, transfer agents, registrars, paying or other agents of the issuer with respect to the same issue of registered public obligations.
(c) Nothing shall preclude the issuer from itself performing, either alone or jointly with other issuers, any transfer, registration, authentication, payment, or other function described in this section.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5058.

5058. (a) An issuer, prior to or at original issuance of registered public obligations, may provide as a part of a system of registration that the transferor or transferee of the registered public obligations pay all or a designated part of the costs of the system as a condition precedent to transfer, that costs be paid out of proceeds of the registered public obligations, or that both methods be used. The portion of the costs of the system not provided to be paid for by the transferor or transferee or out of proceeds shall be the liability of the issuer.
(b) The issuer may, as part of a system of registration, provide for reimbursement or for satisfaction of its liability by payment by others. The issuer may enter into agreements with others respecting such reimbursement or payment, may establish fees and charges pursuant to such agreements or otherwise, and may provide that the amount or estimated amount of such fees and charges shall be reimbursed or paid from the same sources and by means of the same collection and enforcement procedures and with the same priority and effect as with respect to the obligations.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5059.

5059. Obligations issued by public entities under the laws of this state, which are in registered form, whether or not represented by an instrument, and which, except for their form, satisfy the requirements with regard to security for deposits of moneys of public agencies prescribed pursuant to any law of this state, shall be deemed to satisfy all such requirements, even though they are in registered form, if a security interest in such obligations is perfected on behalf of the public agencies whose moneys are so deposited.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5060.

5060. (a) Records, with regard to the ownership of or security interests in registered public obligations, are not subject to inspection or copying under any law of this state relating to the right of the public to inspect or copy public records, notwithstanding any law to the contrary.
(b) Registration records of the issuer may be maintained at such locations within or without this state as the issuer shall determine.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 1.5 - Registered Public Obligations › Section 5061.

5061. (a) Unless at any time prior to or at original issuance of a registered public obligation the official or official body of the issuer determines otherwise, this chapter shall be applicable to such registered public obligation notwithstanding any provision of law to the contrary. When this chapter is applicable, no contrary provision shall apply.
(b) Nothing in this chapter limits or prevents the issuance of obligations in any other form or manner authorized by law.
(c) Unless determined otherwise pursuant to subdivision (a), the provisions of this chapter shall be applicable with respect to obligations which have heretofore been approved by vote, referendum, or hearing, authorizing or permitting the authorization of obligations in bearer and registered form, or in bearer form only, and such obligations need not be resubmitted for a further vote, referendum, or hearing, for the purpose of authorizing or permitting the authorization of registered public obligations pursuant to this chapter.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)