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<ns0:Id>20250SB__059594CHP</ns0:Id>
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<ns0:ActionText>APPROVED</ns0:ActionText>
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<ns0:ActionText>FILED</ns0:ActionText>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>595</ns0:MeasureNum>
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<ns0:ChapterNum>323</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Choi</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Choi</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 53601, 53601.6, and 53895 of the Government Code, relating to local government. </ns0:Title>
<ns0:RelatingClause>local government</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Local government: investments and financial reports.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law regulates the investment of public funds by local agencies, as defined. Existing law authorizes the legislative body of a local agency, as specified, that has money in a sinking fund or in its treasury not required for the immediate needs of the local agency to invest the money as it deems wise or expedient in certain securities and financial instruments, subject to various requirements. These permissible investments include, among others, commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization that
is issued by entities meeting certain criteria, if the eligible commercial paper has a maximum maturity of 270 days or less.
</html:p>
<html:p>This bill would revise the maximum maturity periods for the investments in prime quality commercial paper to 397 days. </html:p>
<html:p>Existing law, until January 1, 2026, authorizes local agencies, as specified, that have less than $100,000,000 of investment assets under management to invest no more than 25%, and those local agencies that have $100,000,000 or more of investment assets under management to invest no more than 40%, of their moneys in eligible commercial paper, as specified. Existing law, beginning January 1, 2026, instead authorizes those local agencies regardless of the amount of investment assets they have under
management to invest no more than 25% of their moneys in eligible commercial paper, as specified.</html:p>
<html:p>This bill would instead repeal the former provisions on January 1, 2031, and would postpone the operative date for the latter provisions until January 1, 2031.</html:p>
<html:p>Existing law prohibits a local agency from investing specified public funds in any security that could result in zero-interest accrual if held to maturity, as specified. Existing law, until January 1, 2026, authorizes a local agency as an exception to that provision to invest in securities issued by, or backed by, the United States government that could result in zero-interest accrual if held to maturity, as specified.</html:p>
<html:p>This bill would instead repeal the above-described exception on January 1, 2031.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires the Controller to annually compile,
publish, and make publicly available on the Controller’s website reports of the information concerning financial transactions and annual compensation of each county, city, and school district within the state, as specified. If an officer of a local agency fails or refuses to make and file their financial report within 20 days after receipt of a written notice of the failure from the Controller, existing law requires that officer or local agency to forfeit to the state a specified amount depending on the amount of total revenue of that local agency.
</html:p>
<html:p>This bill would instead require that forfeiture if the officer fails or refuses to make and file their financial report within 10 months after the end of the local agency’s fiscal year, or within the time prescribed by the Controller, whichever is
later.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_BED9D2CC-8E23-48B6-BBD7-F8962B745910">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 53601 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 5 of Chapter 187 of the Statutes of 2023, is amended to read:
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<ns0:Content>
<html:p>This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered,
or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery.</html:p>
<html:p>For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. For purposes of compliance with this section, an
investment’s term or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this section shall not have a forward settlement date exceeding 45 days from the time of investment. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Registered treasury notes or
bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest
by federal agencies or United States government-sponsored enterprises.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section.
</html:p>
<html:p>This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized and operating in the United States as a general corporation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has total assets in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized within the United States as a special purpose corporation, trust, or limited liability company.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.
</html:p>
<html:p>Eligible commercial paper shall have a maximum maturity of 397 days or
less. Local agencies, other than counties or a city and county, that have less than one hundred million dollars ($100,000,000) of investment assets under management, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, that have one hundred million dollars ($100,000,000) or more of investment assets under management may invest no more than 40 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Negotiable certificates
of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or
federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Funds obtained or funds
within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase
with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Financing of a local agency’s activities.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Acceptance of
a local agency’s securities or funds as deposits.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Securities lending agreement” means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling
all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment
under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630).
However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that are money market funds registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph
(1), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested
in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Notes, bonds, or other
obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A mortgage passthrough security, collateralized mortgage
obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For securities eligible for investment under this subdivision not issued or guaranteed by an agency or issuer identified in subdivision (b) or (f), the following limitations apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Purchase of securities authorized by this paragraph shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The adviser is registered or exempt from registration with the United States Securities and Exchange Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Commercial paper, debt
securities, or other obligations of a public bank, as defined in Section 57600.
</html:p>
<html:p>This section shall remain in effect only until January 1, 2031, and as of that date is repealed.</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_870EC525-202B-4483-A374-A1C1715FA6C1">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 53601 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 6 of Chapter 187 of the Statutes of 2023, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D79DA03E-1A7F-4506-8EDD-7E086131E3B2">
<ns0:Num>53601.</ns0:Num>
<ns0:LawSectionVersion id="id_1BA08AAD-7B35-41BC-9039-6AC664E0DAF1">
<ns0:Content>
<html:p>This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered,
or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery.</html:p>
<html:p>For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. For purposes of compliance with this section, an
investment’s term or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this section shall not have a forward settlement date exceeding 45 days from the time of investment. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Registered
treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal
and interest by federal agencies or United States government-sponsored enterprises.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section.
</html:p>
<html:p>This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized and operating in the United States as a general corporation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has total assets in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized within the United States as a special purpose corporation, trust, or limited liability company.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.
</html:p>
<html:p>Eligible commercial paper shall have a maximum maturity of 397 days or less.
Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s
moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors,
or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less
than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local
agency does not exceed 20 percent of the base value of the portfolio.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse
repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Financing of a local agency’s activities.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Acceptance of a local agency’s securities or funds as deposits.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and
for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Securities lending agreement” means an
agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For purposes of this section, the spread is the
difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. A local agency, other than a county
or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the
securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that are money market funds registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an
investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and
Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency,
or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The
securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For securities eligible for investment under this subdivision not issued or guaranteed by an agency or issuer
identified in subdivision (b) or (f), the following limitations apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Purchase of securities authorized by this paragraph shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority.
To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The adviser is registered or exempt from registration with the United States Securities and Exchange Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the
International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.
</html:p>
<html:p>This section shall become operative on January 1, 2031.</html:p>
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<ns0:BillSection id="id_05130AE5-C089-49D7-870C-68910E8B9D9F">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 53601.6 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 4 of Chapter 235 of the Statutes of 2020, is amended to read:
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<ns0:LawSection id="id_DAD92EBE-09AA-455A-85BA-8C6F6B53006E">
<ns0:Num>53601.6.</ns0:Num>
<ns0:LawSectionVersion id="id_BC93EB5B-6DA1-4494-9224-C9374619DF5A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in inverse floaters, range notes, or mortgage-derived, interest-only strips.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in any security that could result in zero-interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management
companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Section 53601.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding the prohibition in paragraph (1), a local agency may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. A local agency may hold these instruments until their maturity dates.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 53601.6 of the
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, as added by Section 5 of Chapter 235 of the Statutes of 2020, is amended to read:
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<ns0:Num>53601.6.</ns0:Num>
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(a)
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A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in inverse floaters, range notes, or mortgage-derived, interest-only strips.
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(b)
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A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in any security that could result in zero-interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company
Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Section 53601.
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<html:p>
(c)
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This section shall become operative on January 1, 2031.
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 53895 of the
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is amended to read:
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<ns0:Num>53895.</ns0:Num>
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(a)
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An officer of a local agency who fails or refuses to make and file their report within 10 months after the end of the local agency’s fiscal year, or within the time prescribed by the Controller, whichever is later, shall forfeit to the state:
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(1)
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One thousand dollars ($1,000), in the case of a local agency with total revenue, in the prior year, of less than one hundred thousand dollars ($100,000), as reported in the Controller’s annual financial reports.
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<html:p>
(2)
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Two thousand five hundred dollars ($2,500) in the case of a local agency with total revenue, in the prior year, of at least one hundred thousand dollars ($100,000) but less than two hundred fifty thousand dollars ($250,000), as reported in the Controller’s annual financial reports.
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<html:p>
(3)
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Five thousand dollars ($5,000) in the case of a local agency with total revenue, in the prior year, of at least two hundred fifty thousand dollars ($250,000), as reported in the Controller’s annual financial reports.
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(b)
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(1)
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Upon the request of the Controller, the Attorney General shall prosecute an action for the forfeiture in the name of the people of the State of California.
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<html:p>
(2)
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Upon a satisfactory
showing of good cause, the Controller may waive the penalties for late filing provided in this section.
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