SECTIONS 5970-5971 - California Statutes

GOVERNMENT CODE

SECTION 5970-5971

5970. As used in this chapter, the following phrases have the
following meanings:
(a) "Person" means any broker, dealer, municipal securities
dealer, investment advisor, or investment firm.
(b) "Regulatory agency" means the Department of Corporations, the
securities administrators or other similar regulatory authority in
any other state, the Securities and Exchange Commission, the National
Association of Securities Dealers, the Municipal Securities
Rulemaking Board, the Commodity Futures Trading Commission, or any
other self-regulatory organization.
(c) "State or local government" means the state, any department,
agency, board, commission, or authority of the state, or any city,
city and county, county, public district, public corporation,
authority, agency, board, commission, or other public entity.

5971. In selecting any person to provide underwriting services,
including financial, advisory or other financial services, involving
the issuance of securities, the state or the legislative body of any
local governmental entity may consider, among other things, prior
conduct of the person, or any employee of the person, including, but
not limited to, acts constituting fraud or a violation of state or
federal securities law and that resulted in the issuance by, or on
behalf of, a governmental regulatory agency of a cease and desist
order, a preliminary injunction that has not been dissolved by court
order or replaced by a permanent injunction or a permanent
injunction, censure, or any other administrative or judicial
enforcement order.