SECTIONS 11270-11277 - California Statutes

GOVERNMENT CODE

SECTION 11270-11277

11270. As used in this article, "administrative costs" means the
amounts expended by the Legislature, the Legislative Counsel Bureau,
the office of the Governor, the office of the State Chief Information
Officer, the Office of Planning and Research, the Department of
Justice, the office of the Controller, the office of the Treasurer,
the State Personnel Board, the Department of Finance, the Office of
Administrative Law, the Department of Personnel Administration, the
Secretary of the State and Consumer Services Agency, the Secretary of
the California Health and Human Services Agency, the Bureau of State
Audits, and the California State Library, and a proration of any
other cost to or expense of the state for services or facilities
provided for the Legislature and the above agencies, for supervision
or administration of the state government or for services to other
state agencies.

11270.1. (a) The Central Service Cost Recovery Fund is hereby
created in the State Treasury. The Central Service Cost Recovery Fund
shall consist of those amounts transferred in accordance with
Section 11274, and any interest earnings. Money in the Central
Service Cost Recovery Fund shall be appropriated for the
administration of the state government, as determined or redetermined
by the Director of Finance in accordance with this article and
Sections 13332.02 and 13332.03.
(b) Unless otherwise authorized by law, moneys in the Central
Service Cost Recovery Fund, to the extent not currently required to
fund any appropriation, shall not be used, loaned, borrowed,
assessed, allocated, or transferred unless approved by the Director
of Finance, except for cashflow borrowing by the General Fund
pursuant to Section 16310. The Controller shall transfer the
unexpended balance of those moneys in the Central Service Cost
Recovery Fund to the General Fund as determined or redetermined by
the Director of Finance.

11271. The Department of Finance shall determine, and may at any
time redetermine, which funds, other than the General Fund and the
Central Service Cost Recovery Fund, and which functions or activities
of the Department of Water Resources supported by the General Fund,
shall be charged a share of administrative costs as to the function
supported by that fund and the amount that shall be charged against
that fund as its fair share of administrative costs. The costs shall
be a charge against any fund or special account in the General Fund,
other than the Central Service Cost Recovery Fund, so designated by
the Department of Finance.
For purposes of this section, a special account or fund in the
General Fund shall not be considered the General Fund.

11272. (a) In determining or redetermining the fair share, the
Department of Finance may consider the factors of cost distribution
and cost estimation as it deems necessary, except that, as to the
proceeds of those taxes, the use of which is restricted by Article
XIX of the California Constitution, the Department of Finance shall
assess only those administrative costs ascertained as being
necessarily incurred in connection with highway purposes as set forth
in the article. As to funds collected pursuant to Section 221 of the
Food and Agricultural Code, the Department of Finance shall assess
only those administrative costs incurred in connection with the
enforcement of the law under which the funds were derived.
(b) In determining the share of costs to be borne by the
California Exposition and State Fair, the Department of Finance shall
take into account any reduction in the services provided to the
California Exposition and State Fair as a consequence of the
assumption of the various functions that the California Exposition
and State Fair is authorized to assume by the act that amended this
section during the 1997-98 Regular Legislative Session, and shall
reduce the fair share of the California Exposition and State Fair
accordingly. From its operating funds, the California Exposition and
State Fair shall reimburse the Central Service Cost Recovery Fund or
the General Fund, in accordance with subdivision (b) of Section
11274, for its share of costs determined pursuant to this
subdivision.

11274. (a) The Department of Finance shall certify annually to the
Controller the amount determined to be the fair share of
administrative costs due and payable from each state agency and shall
certify forthwith to the Controller any amount redetermined to be
the fair share of administrative costs due and payable from any state
agency. The Controller shall forthwith transmit to each state agency
from which administrative costs have been determined or redetermined
to be due, a statement in writing setting forth the amount of the
administrative costs due from the state agency, and stating that,
unless a written request to defer payment thereof is filed by the
state agency with the Controller within 30 days after the mailing of
the statement by the Controller to the state agency, the Controller
will transfer the amount of the administrative costs from the special
fund or funds chargeable therewith to the Central Service Cost
Recovery Fund or the General Fund, in accordance with subdivision
(b). The Controller shall specify on the statement the special fund
appropriations to be charged at the time transfers are made covering
the administrative costs.
(b) The Controller shall transfer one-fourth of the amount
determined or redetermined, in accordance with subdivision (a), on
August 15, November 15, February 15, and May 15 of each fiscal year,
unless revised by the Department of Finance. The transfers made
pursuant to this section and Section 13332.03 shall first be made to
the Central Service Cost Recovery Fund until the total amount
transferred equals the sum of the total amount determined or
redetermined in accordance with subdivision (a) and the total amount
to be recovered from the federal government pursuant to Section
13332.02 as determined by the Department of Finance. All subsequent
transfers for that fiscal year shall then be made to the General
Fund.

11275. If, upon receipt of the statement provided in Section 11274,
the state agency does not have funds available by law for the
payment of the administrative costs, or if it has any other reason
why the payment of those costs should not be made at the time
specified on the statement, the state agency shall, prior to the
expiration of the 30-day period referred to in the statement, file
with the Controller, in duplicate, a written request to defer payment
of those administrative costs, which request shall set forth the
reasons why that payment should be deferred. Upon receipt of any
request filed because of lack of availability of funds, the
Controller shall forthwith transmit one copy of that request to the
Department of Finance and shall defer action to effect the transfer
of funds covering the administrative costs referred to in the request
until the transfer has been approved by the Director of Finance. The
Department of Finance shall notify the Controller of the approval of
the deferral request. Upon receipt of any request filed because of
any reason other than lack of availability of funds, the Controller
shall forthwith transmit one copy of that request to the California
Victim Compensation and Government Claims Board and shall defer
action to effect the transfer of funds until that transfer has been
approved by the California Victim Compensation and Government Claims
Board.

11276. The Department of Finance may certify at any time during the
year to the Controller any amount as it determines, based upon
experience of the preceding year, to be a reasonable advance for
administrative costs to be made from the appropriation of each state
agency supported from a fund, designated in accordance with Section
11271. The Controller shall forthwith transmit to each of these state
agencies a statement in writing setting forth the amount of the
advance and stating that unless a written request to defer payment
thereof because of lack of availability of funds is filed by the
state agency with the Department of Finance within 30 days after the
mailing of the statement by the Controller to the state agency, the
Controller will transfer the amount of the advance from the special
fund or funds concerned to the Central Service Cost Recovery Fund or
the General Fund in accordance with subdivision (b) of Section 11274.
The Controller shall specify on the statement the special fund
appropriation to be charged.

11277. If, upon receipt of the statement provided in Section 11276,
the state agency does not have funds available by law for the
payment of the advance, the state agency shall, prior to the
expiration of the 30-day period referred to in that statement, file
with the Controller, in duplicate, a written request to defer payment
of the advance. Upon receipt of such a request, the Controller shall
forthwith transmit one copy of that request to the Department of
Finance and shall defer action to effect the transfer of funds
covering the advance referred to in the request until the transfer
has been approved by the Director of Finance. Any advance made under
this article shall be applied against the state agency's fair share
of administrative costs determined or redetermined as provided in
Section 11274 and Section 11275. If the amount advanced exceeds the
state agency's fair share of administrative costs, the Controller
shall transfer from the Central Service Cost Recovery Fund or the
General Fund, as applicable, to the special fund appropriation the
excess amount advanced as directed by the Department of Finance.