reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions and Definitions › Section 125001.

125001. As used in this division, “district” means the North County Transit District.
(Amended by Stats. 2005, Ch. 150, Sec. 3. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions and Definitions › Section 125002.

125002. It is the intent of the Legislature to improve existing public transportation coordination. The Legislature recognizes that in order to achieve a unified, coordinated public transportation system within the San Diego region, it may be necessary to form a regionwide transit district at some future time. It is the intent of the Legislature that the North County Transit District shall reserve the right to join and merge with such a regionwide district at such time as it is deemed mutually beneficial by the board and the region as a whole.
(Amended by Stats. 2005, Ch. 150, Sec. 4. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 2 - Creation of Board › Section 125050.

125050. There is hereby created, in that portion of the County of San Diego as described in Section 125052, the North County Transit District. The district shall be governed by a board of directors. As used in this division, “board” means the board of directors of the district. The board shall consist of members selected as follows:
(a) One member of the San Diego County Board of Supervisors appointed by the board of supervisors, which member shall represent, on the board of supervisors, the largest portion of the area under the jurisdiction of the district.
(b) One member of each of the City Councils of the Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista, and each new city that incorporates within the district boundaries, appointed by the respective city council.
(c) One nonvoting member who shall be a member of the City Council of the City of San Diego.
(Amended by Stats. 2018, Ch. 222, Sec. 1. (AB 2982) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 2 - Creation of Board › Section 125051.

125051. Each of the governing bodies appointing a member of the board pursuant to Section 125050 shall also appoint one alternate to serve on the board when the member is not available. The alternate shall be subject to the same restrictions and shall have the same powers, when serving on the board, as the member.
(Added by Stats. 1975, Ch. 1188.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 2 - Creation of Board › Section 125052.

125052. The area of jurisdiction of the board shall consist of the following areas:
(a) The Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista and each new city that incorporates within the district boundaries.
(b) Camp Joseph H. Pendleton.
(c) The unincorporated areas of San Diego County lying within census tracts: 170.04 (but excluding that portion lying east of the eastern boundary of the City of San Diego), 171.00, 173.00, 174.01, 174.02, 175.00, 176.00, 177.00, 178.02, 185.02, 185.03, 186.01, 186.02, 188.00, 189.01, 189.02, 190.00, 191.01, 191.02, 192.01, 192.02, 193.00, 194.00, 196.00, 197.00, 198.00, 199.00, 200.01, 200.02, 200.03, 201.01, 201.02, 202.03, 202.05, 203.00, 204.00, 206.02, 207.01, 207.02, and 208.00, as set forth in the 1970 decennial census maps for the State of California on file with the Bureau of the Census, Department of Commerce, Washington, D.C.
(Amended by Stats. 2005, Ch. 150, Sec. 6. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 3 - Administration › Section 125100.

125100. The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairman who shall preside at all meetings, and a vice chairman who shall preside in his absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairman pro tem, who, while so acting, shall have all of the authority of the chairman.
(Added by Stats. 1975, Ch. 1188.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 3 - Administration › Section 125102.

125102. (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present. However, after a vote of the members is taken, a weighted vote may be called by any two members.
(b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population.
(c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board.
(d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote.
(e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the board pursuant to Section 125052.
(f) The board shall adopt a policy and procedure to implement this section.
(Amended by Stats. 2017, Ch. 658, Sec. 8. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 3 - Administration › Section 125104.

125104. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code).
(Added by Stats. 1975, Ch. 1188.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 3 - Administration › Section 125105.

125105. The board shall:
(a) Acquire, construct, maintain, and operate (or let a contract to operate) public transit systems and related facilities.
(b) Adopt an annual budget and fix the compensation of the district’s officers and employees.
(c) Adopt an administrative code, by ordinance, that prescribes the powers and duties of district officers, the method of appointment of district employees, and methods, procedures, and systems of operation and management of the district.
(d) Cause a postaudit of the financial transactions and records of the district to be made at least annually by a certified public accountant.
(e) Appoint advisory commissions as it deems necessary.
(f) Do any and all things necessary to carry out the purposes of this division, including, but not limited to, adopting all ordinances and making all rules and regulations proper or necessary to regulate the use, operation, and maintenance of the district’s property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction and those areas beyond its jurisdiction served by the district pursuant to contract or memorandum of agreement with another transit agency, and to carry into effect the powers granted to the district.
(Amended by Stats. 2005, Ch. 150, Sec. 7. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 3 - Administration › Section 125106.

125106. Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing.
The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing.
(Added by Stats. 1975, Ch. 1188.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 3 - Administration › Section 125107.

125107. Each member of the board, including an alternate member appointed pursuant to Section 125051 when acting on behalf of the member, shall be paid one hundred fifty dollars ($150) for each meeting of the board or other meeting of a governmental entity the member or alternate attends, but not to exceed seven hundred fifty dollars ($750) in any month, and the necessary and reasonable expenses in performing the duties as a board member.
(Amended by Stats. 2016, Ch. 325, Sec. 1. (AB 1757) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 1 - Corporate Powers › Section 125200.

125200. The district has perpetual succession and may adopt a seal and alter it at its pleasure.
(Amended by Stats. 2005, Ch. 150, Sec. 8. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 1 - Corporate Powers › Section 125201.

125201. The district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Amended by Stats. 2005, Ch. 150, Sec. 9. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 1 - Corporate Powers › Section 125202.

125202. All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.
(Amended by Stats. 2005, Ch. 150, Sec. 10. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125220.

125220. The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, to contract with a private patrol operator licensed pursuant to Article 4 (commencing with Section 7583) of Chapter 11.5 of Division 3 of the Business and Professions Code, the county sheriff and municipal police departments within the areas described in Section 125052, and other transit development boards for security, police, and related services, and to do all acts necessary and convenient for the full exercise of the powers granted in this division.
(Amended by Stats. 2016, Ch. 325, Sec. 2. (AB 1757) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125221.

125221. The district may contract with any department or agency of the federal government, any other public agency, or any person upon such terms and conditions as the district finds is in its best interest.
(Added by renumbering Section 125222 by Stats. 2018, Ch. 554, Sec. 3. (AB 3177) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125222.5.

125222.5. The district shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(a) This subdivision shall not apply if any of the following requirements are met:
(1) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the district has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.
(2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the district before January 1, 2017.
(3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce.
(b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(Added by Stats. 2017, Ch. 658, Sec. 9. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125223.

125223. (a) If, after rejecting bids received under Section 125222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion, the supplies, equipment, or materials may be purchased at a lower price in the open market, the board may proceed to purchase these supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements.
(b) If, after solicitation of bids under Section 125222, the board determines and declares by a majority vote that it has not received a responsive bid, the board may proceed to purchase the supplies, equipment, or materials in the open market without further complying with any contracting, bidding, or advertising requirements.
(Added by renumbering Section 125224 by Stats. 2018, Ch. 554, Sec. 6. (AB 3177) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125224.

125224. (a) Upon determining that an immediate remedial measure to avert or alleviate damage to, or to repair or restore the damaged or destroyed property of, the district is necessary to ensure that the district’s facilities are available to serve the transportation needs of the general public, or to comply with any state or federal regulations with respect to the operation of public transportation services, and upon determining that available remedial measures, including procurement in compliance with Sections 125222 and 125223, are inadequate, the executive director may authorize the expenditure of moneys previously appropriated by the board specifically for the direct purchase of goods and services, without complying with Section 125222 or 125223.
(b) The executive director, after the expenditure authorized under subdivision (a) has been made, shall submit to the board a full report explaining the necessity for that action.
(Added by Stats. 2018, Ch. 554, Sec. 7. (AB 3177) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125225.

125225. Notwithstanding any other provision of this article, and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 125222 and 125223 does not constitute a method of procurement adequate for the operation of the district’s facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further compliance with any contracting, bidding, or advertising requirements.
(Added by Stats. 2018, Ch. 554, Sec. 8. (AB 3177) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125225.1.

125225.1. Notwithstanding Section 125222, the board may direct the purchase of any supplies, equipment, or materials without complying with any contracting, bidding, or advertising requirements upon a finding by two-thirds of all members of the board that there is only a single source of procurement and that the purchase is for the sole purpose of duplicating, repairing, or replacing supplies, equipment, or materials that are in use, including upgrades or migrations of proprietary intellectual property.
(Added by Stats. 2018, Ch. 554, Sec. 9. (AB 3177) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125225.2.

125225.2. (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted pursuant to Sections 125222 and 125223 as follows:
(1) Protests based on the content of the procurement solicitation shall be filed with the district within 10 calendar days after the procurement solicitation is first advertised.  The executive director, or the designee of the executive director, shall issue a written decision on the protest prior to the opening of the procurement solicitation.  A protest may be renewed by refiling the protest with the board within 15 calendar days after the posting of the notice of the intent to award.
(2) Any bidder may protest the intent to award on any ground not based upon the content of the procurement solicitation by filing a protest with the district within 15 calendar days after the posting of the notice of the intent to award. The executive director, or the designee of the executive director, shall issue a written decision on the protest.
(3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of the procurement solicitation in the case of protests based on the content of the procurement solicitation or renewed protests based on the content of the procurement solicitation, or prior to final award in the case of protests based on other grounds.
(b) The decision on the protest by the board shall be in writing and shall constitute a final administrative decision for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure.
(Added by Stats. 2018, Ch. 554, Sec. 10. (AB 3177) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125226.

125226. The district may insure against any accident or destruction of the system or any part thereof. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.
(Amended by Stats. 2005, Ch. 150, Sec. 14. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 125227.

125227. The district may contract for the services of independent contractors.
(Amended by Stats. 2005, Ch. 150, Sec. 15. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 125240.

125240. The district may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without its area of jurisdiction necessary to the full or convenient exercise of its powers. The district may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without its area of jurisdiction necessary to the full or convenient exercise of its powers.
(Amended by Stats. 2005, Ch. 150, Sec. 16. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 125241.

125241. The district is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands.
(Amended by Stats. 2005, Ch. 150, Sec. 17. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Transit System › Section 125260.

125260. The district shall plan, construct, and operate (or let a contract to operate) public transit systems in conformance with, and to the extent provided for in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7).
(Amended by Stats. 2005, Ch. 150, Sec. 18. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 6 - Transportation Funding › Section 125350.

125350. The district shall be deemed a provider of services within the area of its jurisdiction for purposes of Section 1604 of Title 49 of the United States Code.
(Amended by Stats. 2005, Ch. 150, Sec. 21. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 6 - Transportation Funding › Section 125351.

125351. The district shall take all action necessary to obtain the maximum amount of funding available pursuant to Section 1602 of Title 49 of the United States Code.
(Amended by Stats. 2005, Ch. 150, Sec. 22. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 6 - Transportation Funding › Section 125352.

125352. It is the intent of this section that the district shall file application for funds for public transportation in conformity with, and subject to the limitations set forth in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7) under Chapter 4 (commencing with Section 99200) of Part 11 of Division 10.
(Amended by Stats. 2005, Ch. 150, Sec. 23. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 7 - Public Contributions, Grants, Loans, and Contracts Cooperation › Section 125400.

125400. The district may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the planning, acquisition, construction, or operation of public transit systems, and may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the planning, acquisition, construction, or operation of those systems in accordance with any legislation that Congress or the Legislature may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the planning, acquisition, construction, or operation of those systems. The district may do any and all things necessary in order to avail itself of that aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted.
(Amended by Stats. 2005, Ch. 150, Sec. 24. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Transit Enforcement and Penalties › Section 125450.

125450. A violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare in any transit facility owned or controlled by the district shall be an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the second conviction under this section, shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(Added by Stats. 2005, Ch. 150, Sec. 25. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Transit Enforcement and Penalties › Section 125451.

125451. No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of this article if that person knows that the information is false. A violation of this section is an infraction punishable by a fine not to exceed seventy-five dollars ($75), except that a violation by a person, after a second conviction of a violation of this section, shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail not to exceed six months, or by both the fine and imprisonment.
This section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal.
(Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Transit Enforcement and Penalties › Section 125452.

125452. A violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned or controlled by the board, or prohibiting unauthorized tampering or interference with, or loitering in or about, transit facilities owned or controlled by the board, is an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Transit Enforcement and Penalties › Section 125453.

125453. A violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner attaching oneself to vehicles operated upon exclusive public mass transit guideways owned or controlled by the board, is an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125481.

125481. (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, the portion of the area of the board to which the tax would apply, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.
(b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the district as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.
(Amended by Stats. 2019, Ch. 758, Sec. 7. (AB 1413) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125482.

125482. (a) The county shall conduct an election called by the board pursuant to Section 125480.
(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
(Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125483.

125483. (a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance.
(b) (1) Before the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance. The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section.
(2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs.
(c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected area under the jurisdiction of the board pursuant to Section 125052, which shall include beginning and ending street numbers, and shall maintain that list on its internet website. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable area of the board pursuant to Section 125052.
(Amended by Stats. 2019, Ch. 758, Sec. 8. (AB 1413) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125484.

125484. The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.
(Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125485.

125485. The board, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of one-half of 1 percent under this article and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.
(Amended by Stats. 2019, Ch. 758, Sec. 9. (AB 1413) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125486.

125486. The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax.
(Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125487.

125487. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.
(Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Transactions and Use Tax › Section 125488.

125488. The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.
(Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 1 - Application › Section 125500.

125500. This chapter shall become operative on the date the district first begins to operate a public transit system pursuant to Section 125105.
(Added by Stats. 2005, Ch. 150, Sec. 26. Effective January 1, 2006. Note: This section prescribes the operative date for Chapter 5, commencing with this section.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125520.

125520. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
(Added by Stats. 1975, Ch. 1188.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125521.

125521. Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be submitted to the Public Employment Relations Board. In resolving those questions of representation, including the determination of the appropriate unit or units, petitions, and the conduct of hearings and elections, the board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended, and, for this purpose, shall adopt appropriate rules and regulations.
The California State Mediation and Conciliation Service shall administer any rules and regulations and shall provide for a prompt public hearing and secret ballot election to determine the question of representation and shall certify the results to the parties.
Any certification of a labor organization to represent or act for the employees in any collective-bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within the collective-bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective-bargaining agreement, whichever is later, except that no collective-bargaining agreement shall be considered to be a bar to representation proceedings for a period of more than two years.
(Amended by Stats. 2012, Ch. 46, Sec. 135. (SB 1038) Effective June 27, 2012.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125522.

125522. Whenever a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization and upon determining, as provided in Section 125521, that the labor organization represents at least a majority of the employees in the appropriate unit, the district and the accredited representative of employees shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions.
(Amended by Stats. 2005, Ch. 150, Sec. 27. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125523.

125523. (a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence.
(b) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(Amended by Stats. 2004, Ch. 788, Sec. 31. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125524.

125524. If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, either party may request mediation services of the State Conciliation Service.
(Amended by Stats. 2005, Ch. 150, Sec. 28. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125525.

125525. If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement either on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, upon the agreement of both the district and the representatives of the employees, the dispute may be submitted to an arbitration board.
The arbitration board shall be composed of two representatives of the district and two representatives of the labor organization, and they shall endeavor to agree upon the selection of a fifth member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the State Conciliation Service. The labor organization and the district shall, alternately, strike a name from the list so supplied, and the name remaining after the labor organization and the district have stricken four names, shall be designated as the fifth arbitrator and the chair of the board of arbitration. The labor organization and the district shall determine by lot who shall first strike a name from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto.
Each party shall be responsible for the expense of the presentation of its case. All other expenses of arbitration shall be borne equally by the parties and the expenses may include the making of a verbatim record of the proceedings and transcript of that record.
(Amended by Stats. 2005, Ch. 150, Sec. 29. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125526.

125526. If the district and the representatives of the employees do not agree to submit any dispute to arbitration as provided in Section 125525, the State Conciliation Service may be notified by either party that a dispute exists and there is no agreement to arbitrate.
Following that notification, the State Conciliation Service shall determine whether or not the dispute may be resolved by the parties and, if not, the issues concerning which the dispute exists. Upon that determination, the service shall certify its findings to the Governor. The Governor shall, within 10 days of receipt of certification, appoint a factfinding commission consisting of three persons.
The commission shall immediately convene and inquire into and investigate the issues in the dispute. The commission shall have authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, documents, and other records. Subpoenas shall be served and enforced in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. The commission shall report to the Governor within 30 days of the date of its creation.
After the creation of the commission, and for 30 days after the commission has made its report to the Governor, no change, except by mutual agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose, and service to the public shall be provided.
(Amended by Stats. 2005, Ch. 150, Sec. 30. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 2 - Employee Relations › Section 125527.

125527. If an exclusive collective-bargaining representative is selected pursuant to Section 125521, the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code are not applicable to the district.
(Amended by Stats. 2005, Ch. 150, Sec. 31. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 3 - Rights of Employees of Existing Facilities › Section 125540.

125540. Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of the utility whose duties pertain to the facilities acquired who have been employed by the utility for at least 75 days shall be appointed to comparable positions by the board without examination. These employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the acquired public utility. No employee of any acquired public utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits by reason of the acquisition.
Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, the district shall assume and observe all existing labor contracts.
The provisions of this section shall apply only to those officers or supervisory employees of the acquired utility as shall be designated by the district.
(Amended by Stats. 2005, Ch. 150, Sec. 32. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 3 - Rights of Employees of Existing Facilities › Section 125541.

125541. Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of that pension plan shall continue to have the rights, privileges, benefits, obligations and status with respect to that established system. The outstanding obligations and liabilities of that public utility by reason of that pension plan shall be considered and taken into account and allowance made therefor in the purchase price of that public utility. The persons entitled to pension benefits as provided for in this section and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district.
(Amended by Stats. 2005, Ch. 150, Sec. 33. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 4 - Pension Plan › Section 125550.

125550. (a) The adoption, terms, and conditions of a pension plan covering employees of the district in a bargaining unit represented by a labor organization shall be pursuant to a collective bargaining agreement between that organization and the district and shall be subject to this section.
(b) The pension plan and the funds of the plan shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).
(c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution.
(d) This section does not apply if the district has, pursuant to a collective bargaining agreement, provided membership for the district’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.).
(Amended by Stats. 2005, Ch. 150, Sec. 34. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 5 - Personnel › ARTICLE 4 - Pension Plan › Section 125551.

125551. The district may contract with the Board of Administration of the Public Employees’ Retirement System, and in that case the board of administration shall enter into a contract with the district, to enter all, or any portion, of the employees of the district under that system; provided, that no employees of the district in a bargaining unit that is represented by a labor organization shall be included in the contract except as authorized by a collective-bargaining agreement.
(Amended by Stats. 2005, Ch. 150, Sec. 35. Effective January 1, 2006.)