reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89755.

89755. All actions of the trustees taken pursuant to Section 89753 are limited to the fiscal year in which the action is taken and subject to audit by the Department of Finance, as well as legislative review, prior to extension into the subsequent fiscal year.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89756.

89756. Notwithstanding any other provision of law, the chief administrative officer of each campus of the California State University shall be responsible for the propriety of the expenditure, and the integrity of the financial reporting, of the following funds received by the campus:
(1) State appropriations.
(2) Gifts.
(3) Bequests.
(4) Trust funds.
(5) Grants, loans, or combinations thereof.
The chief administrative officer shall also be responsible for the propriety of all expenditures, and the integrity of the financial reporting, made by auxiliary organizations. The chief administrative officer of a state university is, for the purpose of this section, the president of the university.
(Amended by Stats. 1983, Ch. 143, Sec. 152.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89757.

89757. None of the funds enumerated in Section 89756, nor any of the funds of an auxiliary organization, shall ever be used by any university or college for membership or for any participation involving a financial payment or contribution, on behalf of the institution, or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual employee or officer as salary, or to any funds that are used directly or indirectly for the benefit of student organizations.
(Amended by Stats. 2007, Ch. 569, Sec. 55. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89758.

89758. Notwithstanding any other provision of law, obligations may be incurred for the summer quarter operation in the California State University at campuses on year-round operations, subsequent to enactment of a Budget Act and prior to July 1, payable from the appropriations contained in such Budget Act for those purposes. The obligations and the payment thereof shall be subject to Section 89753.
(Amended by Stats. 1983, Ch. 143, Sec. 153.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89759.

89759. Notwithstanding Sections 935.6, 948, 965, and 965.2 of the Government Code, or any other provision of law to the contrary, the Controller shall draw a warrant for the payment of any claim, settlement, or judgment against a special fund or a trust fund administered by the trustees if the trustees certify that sufficient moneys for the payment of the claim, settlement, or judgment exist within the special fund or trust fund. Records regarding the payments are subject to post audit by the Director of Finance.
(Added by Stats. 1991, Ch. 414, Sec. 3.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89760.

89760. (a) The trustees may transfer money from one special fund to another special fund or to the general fund in order to meet the commitments of the California State University if the transferred moneys are returned to the special fund of origin in time to fulfill the purposes of the special fund. Interest shall be paid on all money transferred to another special fund or to the general fund at a rate determined by the trustees to be the current earning rate of the fund from which the money was transferred.
(b) “Special fund,” as used in this section, means enterprise and trust funds of the California State University and includes any fund subject to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8 of Part 55).
(c) This section does not authorize any transfer or loan of money to or from any special fund or the General Fund if the transfer or loan would impair a contractual obligation of the trustees, including, but not necessarily limited to, contractual obligations incurred by the trustees pursuant to the State University Revenue Bond Act of 1947.
(Amended by Stats. 1998, Ch. 954, Sec. 29. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89761.

89761. (a) The California State University shall adhere to uniform accounting standards in accordance with Generally Accepted Accounting Principles (GAAP) for institutions of higher education.
(b) In the 1993–94 fiscal year, the California State University on five campuses representing the diversity of the system in both size of student body and campus budget shall have an independent audit of all funds performed and an independent audit report prepared.
(c) A copy of the audit reports shall be available for public inspection in the library of each campus of the university.
(d) The costs associated with the annual independent audit and audits performed pursuant to Section 89045 shall be funded from existing resources.
(Amended by Stats. 2001, Ch. 745, Sec. 41. Effective October 12, 2001.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 4 - Expenditures and Control › Section 89762.

89762. (a) The contributions of the California State University to the Public Employees’ Retirement Fund, as provided by Section 20822 of the Government Code, shall be based on pensionable compensation and the rates set forth in the Budget Act, and shall be paid out of the California State University total appropriation in the annual Budget Act.
(b) Beginning in the 2013–14 fiscal year and each fiscal year thereafter, annual adjustments to the budget allocation for California State University pension contributions shall be based on the university’s actual 2013–14 fiscal year pensionable payroll, as identified by the Controller’s office, by funding source and state member categories, and the incremental change in the rates set forth in the annual Budget Act.
(c) Budget adjustments under this section shall not be made for subsequent changes in payroll.
(d) Pension funding for the university shall be identified annually in the Budget Act.
(Added by Stats. 2013, Ch. 50, Sec. 5. (AB 94) Effective July 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 5 - Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects › Section 89770.

89770. (a) (1) The California State University may pledge, in addition to any of its other revenues that the university chooses to pledge, its annual General Fund support appropriation less the amount of that appropriation required to fund general obligation bond payments and State Public Works Board rental payments, to secure the payment of debt obligations issued by the Trustees of the California State University pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8).
(2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature.
(3) The university may fund debt service for capital expenditures defined in subdivision (b), and the costs or expenses incidental to the issuance and sale of bonds to finance those costs, including, but not limited to, capitalized interest on the bonds, from its General Fund support appropriation pursuant to Sections 89772 and 89773.
(4) The state hereby covenants with the holders of the university’s obligations, secured by the pledge of the university authorized by this section, that so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university’s obligations to this effect.
(b) For purposes of this section, “capital expenditures” means any of the following:
(1) The costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs.
(2) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds.
(3) The costs to design, construct, or equip energy conservation projects.
(4) The costs of deferred maintenance of academic facilities and related infrastructure.
(c) This section does not require the Legislature to make an appropriation from the General Fund in any specific amount to support the California State University.
(d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the California State University.
(Amended by Stats. 2015, Ch. 303, Sec. 137. (AB 731) Effective January 1, 2016.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 5 - Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects › Section 89771.

89771. (a) The California State University may fund pay-as-you-go capital outlay projects from its General Fund support appropriation pursuant to Sections 89772 and 89773.
(b) For purposes of this section, a “capital outlay project” means the costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities; renewal or expansion of infrastructure to serve academic programs; and the costs to design, construct, or equip energy conservation projects.
(Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 5 - Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects › Section 89773.

89773. The California State University shall manage its debt programs in a manner so that not more than 12 percent of its General Fund support appropriation, less the amount of that appropriation that is required to fund general obligation bond payments and State Public Works Board rental payments, is used for the total of both of the following:
(a) Debt service for capital expenditures pursuant to Section 89770.
(b) Pay-as-you-go capital outlay projects pursuant to Section 89771.
(Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 5 - Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects › Section 89774.

89774. Notwithstanding any other law, excluding Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code, the California State University may proceed with capital expenditures and capital outlay projects pursuant to Sections 89772 and 89773 without the need for any further limitations or approvals, except those delineated in Sections 89772 and 89773.
(Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 6 - Finance › ARTICLE 6 - California State University, Los Angeles Physical Sciences Renovation Project › Section 89775.

89775. Any remaining proceeds for the California State University deposited in the 1996 Higher Education Capital Outlay Bond Fund created by Section 100115, the 2002 Higher Education Capital Outlay Bond Fund established by subdivision (b) of Section 100650, the 2004 Higher Education Capital Outlay Bond Fund established by subdivision (b) of Section 100850, and the 2006 University Capital Outlay Bond Fund established by subdivision (b) of Section 101040 is hereby appropriated and allocated to the California State University for the construction phase of the Los Angeles Physical Sciences Building Renovation project, the expenditure of which is not subject to subdivision (b) of Section 89772.
(Added by Stats. 2019, Ch. 53, Sec. 25. (SB 77) Effective July 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89901.

89901. As used in this article, the term “auxiliary organization” includes the following entities:
(a) Any entity in which any official of the California State University participates as a director as part of his or her official position.
(b) Any entity formed or operating pursuant to Article 1 (commencing with Section 89300) of Chapter 3.
(c) Any entity which operates a commercial service for the benefit of a campus of the California State University on a campus or other property of the California State University.
(d) Any entity whose governing instrument provides in substance both of the following:
(1) That its purpose is to promote or assist any campus of the California State University, or to receive gifts, property, and funds to be used for the benefit of such campus or any person or organization having an official relationship therewith.
(2) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of an official of any campus of the California State University, or selected, ex officio, from the membership of the student body or the faculty or the administrative staff of campus.
(e) Any entity whose governing instrument provides in substance both of the following:
(1) That its purpose is to promote or assist the trustees of the California State University, or to receive gifts, property, and funds to be used for the benefit of the trustees of the California State University or any person or organization having an official relationship therewith.
(2) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the trustees or an official of the California State University, or selected, ex officio, from the membership of the trustees or the administrative staff of the California State University.
(f) Any entity which, exclusive of the foregoing subdivisions of this section, is designated as an auxiliary organization by the trustees.
(Amended by Stats. 1983, Ch. 143, Sec. 154.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89902.

89902. This article shall not apply to any student body organization not formed or operating pursuant to Article 1 (commencing with Section 89300) of Chapter 3 nor to any student or faculty society, social club, fraternity, or sorority, nor to any alumni association, whether officially recognized as a campus organization or not, unless it is described in Section 89901.
This section shall not be construed to alter or limit the powers of the trustees to establish rules and regulations governing organizations which maintain an official relationship with any campus of the California State University or which use the name or facilities of the campus.
(Amended by Stats. 1983, Ch. 143, Sec. 155.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89903.

89903. (a) (1) Each auxiliary organization formed pursuant to this article shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the Trustees of the California State University.
(2) If, in any fiscal year, a majority of the funding of the auxiliary organization is received from student fees collected on a campus or systemwide, at least a majority of the board of directors of that auxiliary organization shall consist of California State University students with full voting privileges on that board. This paragraph shall only be applicable to effectuate a change in the membership of a board of directors of an auxiliary organization if the trustees determine that there is no legal or contractual barrier to changing the governing structure of that organization. In the event that the trustees determine that there is a legal or contractual barrier to changing the governing structure of an auxiliary organization, information relating to that determination shall be reported, in a timely manner, to that auxiliary organization and any affected student body organization.
(b) Each governing board shall, during each fiscal year, hold at least one business meeting in accordance with Article 2 (commencing with Section 89920). The board shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board.
(c) No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with policies of the trustees.
(Amended by Stats. 2005, Ch. 318, Sec. 11. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89904.

89904. All expenditures and fund appropriations of auxiliary organizations described in Section 89903 shall be approved by the governing board of the auxiliary organization. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with trustee policy and regulations by an officer designated by the trustees.
The trustees in consultation with the Department of Finance and the governing boards of the various auxiliary organizations described in Section 89903, on or before the beginning of the 1970–1971 fiscal year, shall:
(a) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of such auxiliary organizations.
(b) Implement financial standards which will assure the fiscal viability of such various auxiliary organizations. Such standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements.
(c) Institute procedures to assure that transactions of the auxiliary organizations are within the educational mission of the state colleges.
(d) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement subdivision (b). Uses of such funds shall be regularly reported to the trustees.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89904.5.

89904.5. The trustees shall, by July 1, 1983, develop and implement guidelines to ensure that auxiliary organizations classified as foundations for sponsored programs, workshops, and institutes maintain fiscal viability. These guidelines shall specify how reimbursement received by a foundation for indirect costs in connection with the performance of grants or contracts which exceeds the indirect costs actually incurred by the foundation for those grants or contracts shall be divided between the foundation and the campus of the California State University which the foundation serves, in a manner consistent with the educational mission of the university.
(Added by Stats. 1982, Ch. 818, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89904.6.

89904.6. The trustees shall, by July 1, 1983, develop and implement guidelines to ensure that auxiliary organizations classified as foundations for sponsored programs, workshops, and institutes, expend discretionary funds in a manner consistent with the educational mission of the university.
(Added by Stats. 1982, Ch. 818, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89905.

89905. Operations of commercial services on a campus of the California State University, such as a food service or bookstore, or any commercial services that may be provided in a state university union, shall, when operated by an auxiliary organization, be self-supporting.
Any surplus funds from commercial operations shall be used for such purposes as are consistent with regulations of the trustees.
(Amended by Stats. 1983, Ch. 143, Sec. 157.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89905.5.

89905.5. (a) No auxiliary organization operating a commercial service on the California State University, Chico, campus shall discontinue that commercial service without providing the campus with adequate notice of its intent to discontinue the service, and the opportunity to continue the service through another means.
(b) No commercial service operated by an auxiliary organization on the California State University, Chico, campus or any aspect of the management of the commercial services shall be taken over by the Trustees of the California State University, the Chancellor of the California State University, the president of a campus of the California State University, or another auxiliary organization unless all of the following conditions are met:
(1) The entity seeking to assume all or part of the management of the commercial service has demonstrated that the commercial service has substantial programmatic or financial difficulties.
(2) The governing board of the auxiliary organization currently operating the commercial service has been provided adequate opportunity to respond to the concerns demonstrated pursuant to paragraph (1).
(3) The governing board of the entity seeking to assume all or part of the management of the commercial service has approved the assumption of the new programmatic or financial responsibility.
(4) The auxiliary organization currently operating the commercial service has been provided adequate compensation for any losses, including, but not limited to, property, inventory, services, or employees directly resulting from the assumption of all or part of the operation of the commercial service by the entity.
(c) If an entity assumes responsibility for commercial services pursuant to subdivision (b), the entity shall be established as an official California State University auxiliary organization operating separate from, but related to, the university of service so as to protect the state from all possible liability associated with the operation of commercial services.
(Added by Stats. 1988, Ch. 1615, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89906.

89906. No member of the governing board of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he is a member, and any contract or transaction entered into in violation of this section is void.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89907.

89907. No contract or other transaction entered into by the governing board of an auxiliary organization is void under the provisions of Section 89906, nor shall any member of such board be disqualified or deemed guilty of misconduct in office under said provisions, if the circumstances specified in the following subdivisions exist:
(a) The fact of such financial interest is disclosed or known to the governing board and noted in the minutes, and the governing board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members, and
(b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89908.

89908. The provisions of Section 89907 shall not be applicable if the circumstances specified in any of the following subdivisions exist:
(a) The contract or transaction is between an auxiliary organization and a member of the governing board of that auxiliary organization.
(b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he is the owner or holder, directly or indirectly, of a proprietorship interest.
(c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the governing board of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock.
(d) A member of the governing board of an auxiliary organization is interested in a contract or transaction within the meaning of Section 89906, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89909.

89909. It is unlawful for any person to utilize any information, not a matter of public record, which is received by him by reason of his membership on the governing board of an auxiliary organization, for personal pecuniary gain, regardless of whether he is or is not a member of the governing board at the time such gain is realized.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89911.

89911. Any construction project located on property of the California State University that is performed pursuant to a contract entered into or awarded by an auxiliary organization and funded in whole or in part by public funds is subject to the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2 of the Public Contract Code).
(Added by Stats. 2006, Ch. 346, Sec. 1. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1 - General Provisions › Section 89912.

89912. All bonds, notes, borrowings, or other evidences of indebtedness of an auxiliary organization and interest thereon or income therefrom are exempt from all taxation in the state other than estate and generation skipping transfer taxes.
(Added by Stats. 1993, Ch. 779, Sec. 6. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89913.

89913. The Legislature finds and declares all of the following:
(a) Access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state.
(b) California State University auxiliary organizations promote and assist the Trustees of the California State University by engaging in activities that are essential and integral to the mission and purpose of the California State University.
(c) California State University auxiliary organizations are independently governed corporations that are legally separate from the California State University.
(d) Access to records used, owned, or maintained by auxiliary organizations must be balanced by the need to protect the individual privacy rights of donors and volunteers, and to protect an auxiliary organization’s fiduciary interests.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89913.5.

89913.5. For purposes of this article, the following terms have the following meanings:
(a) “Auxiliary organization” means those entities defined in Section 89901.
(b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89914.

89914. (a) Records maintained by an auxiliary organization shall be available to the public to inspect or copy at all times during the office hours of the auxiliary organization, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the auxiliary organization that is prepared, owned, used, or retained by an auxiliary organization. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law.
(b) Upon a request for a copy of a record that reasonably describes an identifiable record, an auxiliary organization shall make the record promptly available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by an auxiliary organization exempt from disclosure by law. Nothing in this article shall be construed to permit an auxiliary organization to delay or obstruct the inspection or copying of public records.
(c) If a member of the public requests to inspect a public record or obtain a copy of a record held by an auxiliary organization, the organization shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89914.5.

89914.5. (a) Upon a written request for a copy or inspection of records, an auxiliary organization shall determine, within 10 calendar days from the receipt of the request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the auxiliary organization and shall notify the requester in writing without undue delay of the determination and the reasons therefor.
(b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the auxiliary organization, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the auxiliary organization sends the determination, and if the auxiliary organization determines that the request seeks disclosable public records, the auxiliary organization shall state the estimated date and time when the records will be made available.
(2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request:
(A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
(B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
(C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein.
(D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
(c) An auxiliary organization shall justify withholding a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.
(d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall set forth the names and titles or positions of each person responsible for the denial.
(e) This article shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89915.

89915. (a) Unless otherwise prohibited by law, an auxiliary organization that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following:
(1) An auxiliary organization shall make an electronic record available in the electronic format in which it holds the information.
(2) An auxiliary organization shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the auxiliary organization to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies:
(1) In order to comply with the provisions of subdivision (a), an auxiliary organization would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals.
(2) The request would require data compilation, extraction, or programming to produce the record.
(c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, an auxiliary organization may inform the requester that the record is available in an electronic format.
(d) Nothing in this section shall be construed to do any of the following:
(1) Require an auxiliary organization to reconstruct a record in an electronic format if the auxiliary organization no longer has the record available in an electronic format.
(2) Permit an auxiliary organization to make a record available only in an electronic format.
(3) Require an auxiliary organization to release an electronic record in the electronic form in which it is held by the auxiliary organization if its release would jeopardize or compromise the security or integrity of the original record, or of any proprietary software with which it is maintained.
(4) Permit public access to records held by an auxiliary organization to which access is otherwise restricted by law.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89915.5.

89915.5. Nothing in this article shall require an auxiliary organization to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 84. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89916.5.

89916.5. (a) Notwithstanding any provision of law, trade secrets, as defined in Section 3426.1 of the Civil Code, shall not be subject to disclosure. This information shall be redacted from auxiliary organization records before disclosure.
(b) For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that does both of the following:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use.
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89917.

89917. Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by an auxiliary organization under this article. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89917.5.

89917.5. (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by an auxiliary organization are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow.
(b) If the court finds that an auxiliary organization official’s decision to refuse disclosure is not justified under this article, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure.
(c) An order of the court, either directing disclosure by an auxiliary organization or supporting the decision of the auxiliary organization official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court.
(d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the auxiliary organization of which the official is a member or employee and shall not become a personal liability of the auxiliary organization official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the auxiliary organization.
(Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 8 - CALIFORNIA STATE UNIVERSITY › PART 55 - CALIFORNIA STATE UNIVERSITY › CHAPTER 7 - Auxiliary Organizations › ARTICLE 1.5 - The Richard McKee Transparency Act of 2011 › Section 89918.

89918. (a) Notwithstanding any other provision of law, and except as provided for in subdivision (c), whenever an auxiliary organization discloses a record it maintains that is otherwise exempt from this article, this disclosure shall constitute a waiver of the exemptions specified in this article.
(b) For purposes of this section, “auxiliary organization” includes a member, agent, volunteer, or officer of the auxiliary organization acting within the scope of his or her affiliation with the organization.
(c) Subdivision (a) shall not apply to the following disclosures:
(1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to an auxiliary organization.
(2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to the auxiliary organization.
(3) Disclosures made through other legal proceedings or as otherwise required by law.
(4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes.
(5) Disclosures described in subdivision (a) of Section 89916 to an auditor conducting an audit.
(6) Disclosures described in subdivision (a) of Section 89916 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services.
(Amended by Stats. 2012, Ch. 162, Sec. 43. (SB 1171) Effective January 1, 2013.)