SECTIONS 89750-89761 - California Statutes

EDUCATION CODE

SECTION 89750-89761

89750. The trustees shall control and expend all money appropriated
for the support and maintenance of the California State University,
and all money received as donations pursuant to Section 89720.

89750.5. (a) Notwithstanding Sections 948 and 965.2 of the
Government Code or any other provision of law, the trustees may
settle, adjust, or compromise any pending action or final judgment,
without the need for a recommendation, certification, or approval
from any other state officer or entity. The Controller shall draw a
warrant for the payment of any settlement, adjustment, or compromise,
or final judgment against the trustees if the trustees certify that
a sufficient appropriation for the payment of the settlement,
adjustment, compromise, or final judgment exists.
(b) Notwithstanding subdivision (c) of Section 905.2 of the
Government Code or any other provision of law, the trustees may pay
any claim for money or damages on express contract or for an injury
for which the trustees or their officers or employees are liable,
without approval of the California Victim Compensation and Government
Claims Board if the trustees determine that payment of the claim is
in the best interests of the California State University and that
funds are available to pay the claim. The authority of the trustees
conferred by this subdivision does not alter any other requirements
governing claims in the Tort Claims Act (Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code), except to grant
the trustees authority to pay these claims.
(c) Notwithstanding Chapter 3 (commencing with Section 13940) of
Part 4 of Division 3 of Title 2 of the Government Code, the trustees
may discharge from accountability the sum of one thousand dollars
($1,000) or less, owing to the California State University if the
trustees determine that the money is uncollectible or the amount does
not justify the cost of collection. A discharge of accountability by
the trustees does not release any person from the payment of any
moneys due the California State University.

89751. The State Treasurer is designated as the custodian of all
funds received by the state from the government of the United States
or of any agency or agencies thereof under any agreement for the
education of veterans, and he may receive, and provide for the proper
custody of, all money so received.
The funds received by the state shall be expended by the officers
or agency administering the program to carry out the provisions of
the act of the Congress and rules and regulations lawfully adopted
thereunder. Such funds are exempt from the provisions of Section
925.6 of the Government Code and shall be paid out by the Treasurer
on warrants drawn by the State Controller on claims submitted by the
trustees.

89752. The trustees shall prescribe rules and regulations subject
to the approval of and audit by the Department of Finance covering
the collection, custody, and disposition of any and all money
collected by any state college.

89753. All appropriations for the support of the California State
University and the trustees shall be subject to Section 13320 of the
Government Code and applicable Budget Act restrictions, with the
following exceptions:
(a) The trustees may, with regard to funds appropriated for the
support of the California State University, approve any transfer of
funds between general fund appropriations, unless restricted by the
Budget Act or any other act, and within and between any category
designated in any schedule set forth for the appropriation. In
addition, the trustees may authorize the augmentation of the amount
available for a category designated in any schedule set forth for the
appropriation by transfer from any of the other designated
categories, including additional reimbursements and amounts
receivable within the same schedule, and shall furnish the Joint
Legislative Budget Committee and appropriate legislative fiscal
committees a report, on or before January 10, of the authorizations
given during the preceding four quarters.
(b) The trustees may approve travel, both within and outside the
state, and the payment of allowances and expenses related to travel,
moving, and the relocation of employees in accordance with the
allowances established by the trustees.
(c) The trustees may, within funds appropriated for the support of
the California State University, establish new positions and make
changes in existing positions and the position payroll roster.

89754. The intent of Section 89753 is to give the trustees maximum
responsibility within available funds. It is the further intent of
the Legislature by said provisions to allow the trustees greater
flexibility in their financial affairs and to allow the individual
campuses greater flexibility in the expenditure of their
appropriations.

89755. All actions of the trustees taken pursuant to Section 89753
are limited to the fiscal year in which the action is taken and
subject to audit by the Department of Finance, as well as legislative
review, prior to extension into the subsequent fiscal year.

89756. Notwithstanding any other provision of law, the chief
administrative officer of each campus of the California State
University shall be responsible for the propriety of the expenditure,
and the integrity of the financial reporting, of the following funds
received by the campus:
(1) State appropriations.
(2) Gifts.
(3) Bequests.
(4) Trust funds.
(5) Grants, loans, or combinations thereof.
The chief administrative officer shall also be responsible for the
propriety of all expenditures, and the integrity of the financial
reporting, made by auxiliary organizations. The chief administrative
officer of a state university is, for the purpose of this section,
the president of the university.

89757. None of the funds enumerated in Section 89756, nor any of
the funds of an auxiliary organization, shall ever be used by any
university or college for membership or for any participation
involving a financial payment or contribution, on behalf of the
institution, or any individual employed by or associated therewith,
in any private organization whose membership practices are
discriminatory on the basis of the characteristics listed in Section
66270. This section does not apply to any public funds that have been
paid to an individual employee or officer as salary, or to any funds
that are used directly or indirectly for the benefit of student
organizations.

89758. Notwithstanding any other provision of law, obligations may
be incurred for the summer quarter operation in the California State
University at campuses on year-round operations, subsequent to
enactment of a Budget Act and prior to July 1, payable from the
appropriations contained in such Budget Act for those purposes. The
obligations and the payment thereof shall be subject to Section
89753.

89759. Notwithstanding Sections 935.6, 948, 965, and 965.2 of the
Government Code, or any other provision of law to the contrary, the
Controller shall draw a warrant for the payment of any claim,
settlement, or judgment against a special fund or a trust fund
administered by the trustees if the trustees certify that sufficient
moneys for the payment of the claim, settlement, or judgment exist
within the special fund or trust fund. Records regarding the payments
are subject to post audit by the Director of Finance.

89760. (a) The trustees may transfer money from one special fund to
another special fund or to the general fund in order to meet the
commitments of the California State University if the transferred
moneys are returned to the special fund of origin in time to fulfill
the purposes of the special fund. Interest shall be paid on all money
transferred to another special fund or to the general fund at a rate
determined by the trustees to be the current earning rate of the
fund from which the money was transferred.
(b) "Special fund," as used in this section, means enterprise and
trust funds of the California State University and includes any fund
subject to the State University Revenue Bond Act of 1947 (Article 2
(commencing with Section 90010) of Chapter 8 of Part 55).
(c) This section does not authorize any transfer or loan of money
to or from any special fund or the General Fund if the transfer or
loan would impair a contractual obligation of the trustees,
including, but not necessarily limited to, contractual obligations
incurred by the trustees pursuant to the State University Revenue
Bond Act of 1947.

89761. (a) The California State University shall adhere to uniform
accounting standards in accordance with Generally Accepted Accounting
Principles (GAAP) for institutions of higher education.
(b) In the 1993-94 fiscal year, the California State University on
five campuses representing the diversity of the system in both size
of student body and campus budget shall have an independent audit of
all funds performed and an independent audit report prepared.
(c) A copy of the audit reports shall be available for public
inspection in the library of each campus of the university.
(d) The costs associated with the annual independent audit and
audits performed pursuant to Section 89045 shall be funded from
existing resources.