SECTIONS 89720-89725.1 - California Statutes

EDUCATION CODE

SECTION 89720-89725.1

89720. The trustees may accept on behalf of the state any gift,
bequest, devise, or donation of real or personal property whenever
the gift and the terms and conditions thereof will aid in carrying
out the primary functions of the California State University as
specified in subdivision (b) of Section 66010.4. Neither Section
11005 of the Government Code nor any other law requiring approval by
a state officer of gifts, bequests, devises, or donations shall apply
to these gifts, bequests, devises, or donations. These gifts,
bequests, devises, or donations, and the disposition thereof, shall
be annually reported to the California Postsecondary Education
Commission, the Joint Legislative Budget Committee, and the
Department of Finance by January 5 of each year.
Notwithstanding Sections 11005.2 and 14664 of the Government Code
or any other law to the contrary, the trustees may sell or exchange
interests in real property received pursuant to this section when, in
the judgment of the trustees, the sale or exchange is in the best
interests of the California State University. No sale or exchange of
an interest in real property made pursuant to this section shall
exceed ten million dollars ($10,000,000) per transaction.
Notwithstanding Sections 11005 and 15853 of the Government Code or
any other provision of law to the contrary, the trustees may
purchase interests in real property from moneys received pursuant to
this section, including those moneys received from the sale or
exchange of interests in real property pursuant to this section. Any
such purchase shall be consistent with any restrictions placed upon
the gift, bequest, devise, or donation and shall be in the best
interests of the California State University, as determined by the
trustees.
No interest in any real property that is part of a main campus of
any of the institutions of the California State University listed in
Section 89001 shall be sold or exchanged pursuant to this section.
Any sale or exchange of interests in real property carried out
pursuant to this section shall be reported annually to the California
Postsecondary Education Commission, the Joint Legislative Budget
Committee, and the Department of Finance, by January 5 of each year.

89720.5. Prior to the sale of any interests in real property
pursuant to Section 89720, the trustees shall offer the interests to
local governmental agencies. It is the intent of the Legislature that
the trustees may transfer interests at less than fair market value
under the conditions described in Section 11011.1 of the Government
Code, except that all powers and duties of the Director of General
Services, the Department of General Services, and the State Public
Works Board under that section shall be performed by the trustees.
For purposes of this section, "local governmental agencies" shall
not include private entities, private nonprofit entities, private tax
exempt entities, or any consortium, cooperative, or combination of
private-public entities or organizations.

89721. Notwithstanding any other provision of law, the chief fiscal
officer of each campus of the California State University shall
deposit into and maintain in local trust accounts or in trust
accounts in accordance with Sections 16305 to 16305.7, inclusive, of
the Government Code, or in the California State University Trust
Fund, moneys received in connection with the following sources or
purposes:
(a) Gifts, bequests, devises, and donations received under Section
89720.
(b) Any student loan or scholarship fund program, including but
not limited to, student loan programs of the state, federal
government (including programs referred to in Section 89723), local
government, or private sources.
(c) Advance payment for anticipated expenditures or encumbrances
in connection with federal grants or contracts.
(d) Room, board, and similar expenses of students enrolled in the
international program of the California State University.
(e) Cafeteria replacement funds.
(f) Miscellaneous receipts in the nature of deposits subject to
return upon approval of a proper application.
(g) Fees and charges for services, materials, and facilities
authorized by Section 89700 if these fees or charges are required of
those persons who, at their option, use the services or facilities,
or are provided the materials, for which the fees or charges are
made. Fees and charges so received and deposited shall be used solely
to meet the costs of providing these services, materials, and
facilities.
(h) Fees for instructionally related activities as defined by the
trustees and as authorized by Section 89700 and revenues derived from
the conduct of the instructionally related activities. The trustees
shall have all authority necessary to administer and use the fees and
revenues received and deposited to support such instructionally
related activities.
(i) Fees for parking, health facilities or health services, and
for extension programs, special sessions, and other self-supporting
instructional programs.
(j) Revenue received by the trustees from the California State
Lottery Education Fund pursuant to Section 8880.5 of the Government
Code.
(k) Moneys received by the trustees for research, workshops,
conferences, institutes, and special projects.
(l) Moneys collected as higher education fees and income from
students of any campus of the California State University and from
other persons pursuant to Section 89700. The Controller shall have
the authority to audit the expenditure of these funds.

89722. (a) The California State University Trust Fund is hereby
created in the State Treasury. Moneys in the California State
University Trust Fund are appropriated to the trustees as provided in
Section 89724. Interest accruing upon the investment of moneys of
the California State University Trust Fund shall be paid into and
credited to that fund. The trustees shall apportion as of June 30 and
December 31 of each year the revenues earned and deposited in the
fund during the six calendar months ending with those dates. There
shall be apportioned and credited to each campus of the California
State University having deposits in the fund, an amount directly
proportionate to the total deposits in the fund and the length of
time the deposits remained therein. The chief fiscal officer of each
campus of the California State University may allocate further this
amount to the extent considered necessary.
(b) Notwithstanding any other law, the Controller may use the
moneys in the California State University Trust Fund for loans to the
General Fund as provided in Sections 16310 and 16381 of the
Government Code. However, interest shall be paid on all moneys loaned
to the General Fund from the California State University Trust Fund.
Interest payable shall be computed at a rate determined by the
Pooled Money Investment Board to be the current earning rate of the
fund from which loaned. This subdivision does not authorize any
transfer that will interfere with the carrying out of the object for
which the California State University Trust Fund was created.

89722.5. (a) There is hereby created in the State Treasury the
California State University Lottery Education Fund. Moneys received
by the Trustees of the California State University from the
California State Lottery Education Fund pursuant to Section 8880.5 of
the Government Code may be deposited and maintained in the fund.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated without regard to fiscal
year for expenditure by the trustees for educational purposes
pursuant to Section 8880.5 of the Government Code. All expenditures
from the fund shall be subject to an annual postaudit by the Audits
Division of the State Department of Finance.
(b) Pending expenditure for educational purposes, the moneys in
the fund may be invested by the Treasurer, subject to the approval of
the trustees, in those eligible securities listed in Section 16430
of the Government Code. All interest accruing from any investment
pursuant to this subdivision shall be deposited into, and credited
to, the fund.

89722.9. Notwithstanding Sections 16305 to 16305.7, inclusive, of
the Government Code and any other law to the contrary, financial aid
money in the possession of the California State University may be
deposited by the chief fiscal officer of each campus of the
California State University in a checking account in the centralized
treasury system. The funds in the checking account shall be invested
by the Treasurer. Interest earned thereon shall be deposited in the
California State University Trust Fund. The interest earnings shall
be continuously appropriated for expenditure by the Trustees of the
California State University for financial aid, except that the
interest earned from the investment of federal financial aid moneys
may be returned to the United States if required by applicable
federal law.

89723. The trustees are vested with all necessary power to perform
acts, receive and expend funds, and cooperate with state and federal
agencies as provided in Section 12400 for the purpose of receiving
and spending the funds provided by the act of Congress entitled "An
act to strengthen the national defense and to encourage and assist in
the expansion and improvement of educational programs to meet
critical national needs; and for other purposes" (National Defense
Education Act of 1958), approved September 2, 1958, and the act of
Congress entitled "An act to amend the Public Health Service Act to
increase the opportunities for training professional nursing
personnel, and for other purposes" (Nurse Training Act of 1964),
approved September 4, 1964.
The trustees may provide for the establishment and maintenance of
student loan funds pursuant to those acts of Congress. Money
allocated for the purpose of establishing a student loan fund at a
campus of the California State University may be withdrawn from the
State Treasury and deposited to the credit of that institution in a
trust account in accordance with the provisions of Sections 16305 to
16305.7, inclusive, of the Government Code for the purpose of making
loans to students in accordance with the federal acts.

89724. (a) All money received from the sale of publications
pursuant to Section 90500, all money received under an agreement
entered into pursuant to Section 89036, and, except as to the fees
and charges specified in subdivisions (g) and (h) of Section 89721,
all money collected as fees from students in any state university and
from other persons under Section 89030, Sections 89036 to 89040,
inclusive, and Sections 89700, 89705, 89708, 89709, 89720, and 89721,
and by reason of Section 2080.9 of the Civil Code, is hereby
appropriated for the support of the California State University in
addition to such other amounts as may be appropriated therefor by the
Legislature. Money received under Sections 89720 and 89721, or
received by reason of Section 2080.9 of the Civil Code, is
appropriated without regard to fiscal year. Money received by reason
of Section 2080.9 of the Civil Code shall be used for student
scholarships and loans pursuant to any regulations the trustees shall
provide, and while held pending the grant of a scholarship or loan,
may be invested by the Treasurer upon approval of the trustees, in
those eligible securities listed in Section 16430 of the Government
Code. All interest or other earnings received pursuant to such
investment shall also be used for those scholarships and loans. Money
received by reason of Sections 89720 and 89721 may be invested, upon
approval of the trustees, by the Treasurer or by the chief fiscal
officer of a campus of the California State University, in those
eligible securities listed in Section 16430 of the Government Code
and in investment certificates or withdrawal shares in federal or
state credit unions which are doing business in this state and which
have their accounts insured by the National Credit Union
Administration. Any money so invested or deposited shall be invested
or deposited in certificates, shares, or accounts fully covered by
the insurance. All interest and other earnings received pursuant to
the investment of money received by reason of Sections 89720 and
89721 shall also be used for such purposes as may be established by
the trustees consistent with the terms and conditions of the gift,
bequest, devise, donation, or agreement under Sections 89720 and
89721. Except as otherwise provided with respect to money received by
reason of Section 2080.9 of the Civil Code and Sections 89720 and
89721 of this code, all money received pursuant to this section shall
augment the support appropriation to the California State University
for the fiscal year to which the collections apply.
(b) All money received from the sale or the disposition of real
property acquired by or on behalf of a particular state university by
gift, devise, or donation pursuant to Section 89720 or pursuant to
the predecessor of that section is hereby appropriated to the
trustees for expenditure for capital outlay for the acquisition and
improvement of real property for the particular state university, in
addition to any other amounts appropriated therefor by the
Legislature. All money received from the sale or other disposition of
personal property, other than money, acquired by or on behalf of a
particular state university by gift, bequest, or donation pursuant to
Section 89720 or pursuant to the predecessor of that section is
hereby appropriated to the trustees for expenditure for capital
outlay for, or the acquisition and improvement of real or personal
property for, the particular state university, in addition to other
amounts appropriated therefor by the Legislature. No money shall be
expended by the trustees under this subdivision without the approval
of the Director of Finance. The money shall augment the support or
capital outlay appropriation of the California State University
current at the date of issuance of the Controller's receipt therefor
as may be designated by the trustees prior to their deposit in the
State Treasury.

89725. Notwithstanding any other provision of law to the contrary,
grants, revenues, and funds of any nature received by the trustees
for research, workshops, conferences, institutes, and special
projects from the state, federal government, local government, or
private persons, may be transmitted to the Treasurer and, if
transmitted, shall be deposited in the State Treasury to the credit
of the California State University Special Projects Fund, which fund
is hereby created.
All such grants, revenues, and funds are hereby appropriated
without regard to fiscal years to the trustees for the operation,
support, and development of research, workshops, conferences,
institutes, and special projects in the California State University.
Provision shall be made by the trustees for reimbursements to the
General Fund for the cost of space and services furnished to projects
funded by the California State University Special Projects Fund.
Notwithstanding any other provision of the law to the contrary,
the trustees shall have authority to establish the rules and
procedures under which the fund shall operate. All expenditures shall
be made in accordance with the rules and procedures, without prior
approval of the Department of General Services or the Department of
Finance. All expenditures shall receive an annual postaudit by the
Audits Division of the Department of Finance. This requirement for an
annual postaudit shall be effective until July 1, 1992. On and after
July 1, 1992, the expenditures from the fund shall be audited as
frequently as the Audits Division deems appropriate.
Moneys in the California State University Special Projects Fund
may be invested by the Treasurer, upon approval of the trustees in
those eligible securities listed in Section 16430 of the Government
Code. All interest or other earnings received pursuant to those
investments shall be collected by the Treasurer and shall be
deposited in the State Treasury to the credit of the California State
University Special Projects Fund.

89725.1. Moneys received from the sale of interests in real
property of the California State University in Contra Costa County
shall be deposited and maintained in the State Treasury to the credit
of the California State University Special Projects Fund and shall
be available to the trustees for the purchase and development of real
property for a California State University off campus center in
Contra Costa County.