SECTIONS 16346-16354 - California Statutes

GOVERNMENT CODE

SECTION 16346-16354

16346. Whenever by statutory enactment or operation of the law, a
special fund in the State Treasury is abolished, all of its assets,
liabilities, and surplus shall, on order of the State Controller and
as of the effective date of its abolition, be transferred to and
become a part of the successor fund specified in the act providing
for such abolition. Unless otherwise provided, all existing
appropriations to the extent encumbered and also those which had been
made for particular projects from the abolished fund shall continue
to be available for the same purposes and periods from the successor
fund. Where no successor fund is specified in the act providing for
abolition, the General Fund shall be deemed to be the successor fund
for purposes of this section.
Provisions of law continuously appropriating certain classes of
revenue or other receipts upon their deposit in a particular fund in
the State Treasury are not appropriations for particular projects for
purposes of this section.

16347. Any moneys received by any state agency after the date of
abolition of any special fund in the State Treasury which, by law,
would otherwise be required to be deposited in such abolished fund,
shall, on order of the State Controller, be deposited in the State
Treasury in the fund to which the unencumbered cash balance, if any,
of such abolished fund is transferable as herein provided.

16350. Except as otherwise provided by law, every special fund
created by a statute which has been repealed or which has been
declared invalid by a court of competent jurisdiction shall, on the
effective date of such repeal or the date on which the judgment of
such court becomes final, be abolished, and the unencumbered balance
of the assets of such fund shall be disposed of as provided in this
article.

16351. (a) When any special fund in the treasury is exhausted, and
there is money in the General Fund not required to meet any demand
which has accrued or may accrue against it, the Controller shall so
report to the Governor and the Treasurer. If the Governor and
Treasurer find that the money is not needed in the General Fund, the
Governor may order the Controller to transfer that money, or any part
thereof, to the special fund in need.
(b) Money transferred pursuant to subdivision (a) shall be
returned to the General Fund as soon as there is sufficient money in
the special fund to return it.
(c) If sufficient money does not accumulate in the special fund
within one year, the amount of money transferred or whatever portion
of that amount is in the fund at that time shall be then returned,
and the balance, if any, shall be returned thereafter in monthly
installments as it accumulates. Any fund which fails to return the
full amount of any transfer within one year from and after the
transfer is ineligible to receive further transfers until it has
returned the full amount.

16351.5. The unexpended balance in any appropriation for capital
outlay heretofore or hereafter made payable from each special fund
which the Director of Finance, with the approval of the State Public
Works Board, determines not to be required for expenditure pursuant
to the appropriation, may be transferred on order of the Director of
Finance to the unappropriated surplus of the special fund from which
the appropriation was originally made.

16352. Notwithstanding Section 13340, any augmentation of an
appropriation for a state public works project from the General Fund
or any other fund in the State Treasury from which a capital outlay
appropriation has been authorized for acquisition, design,
construction, or equipping of a state public works project is hereby
appropriated, without regard to fiscal years. The augmentation shall
be in an amount sufficient to provide for payment of those public
works projects where the project cannot proceed because the bids
received are in excess of the estimate, notwithstanding the
provisions of Section 10125 of the Public Contract Code, or the
estimate otherwise exceeds the amount available. Augmentations for a
state public works project are subject to the limitations in Sections
13332.11 and 13332.19 and shall be made pursuant to executive orders
of the Director of Finance upon approval of the State Public Works
Board.

16352.5. There is hereby appropriated from the money in the State
Construction Program Fund derived from the proceeds of bonds sold
pursuant to the Community College Construction Program Bond Act of
1972, an amount sufficient to provide for payment of community
college projects for which an appropriation is available where such
project cannot be undertaken because the total project cost based on
bids is in excess of the funds available. The provisions of this
section shall be applicable only under all of the following
limitations:
(1) The augmentation allocation shall be calculated only on the
state's share of the total project cost and on the same basis as the
original appropriation.
(2) The augmentation allocation shall be granted, if otherwise
justified, only on condition that the contract award is made within
one year from the effective date of the appropriation, except that
augmentation allocations for projects originally appropriated in the
1972 budget shall be granted, if otherwise justified on condition
that the contract award is made prior to June 30, 1974.
(3) The augmentation allocation for the state's share of the
project would be five thousand dollars ($5,000) or more.
Expenditures shall be pursuant to executive orders of the Director
of Finance upon recommendations by the Chancellor of the California
Community Colleges and approval of the State Public Works Board.

16353. The unexpended balance in any appropriation heretofore or
hereafter made payable from the State Construction Program Fund which
the Director of Finance, with the approval of the State Public Works
Board, determines not to be required for expenditure pursuant to the
appropriation, may be transferred on order of the Director of
Finance to and in augmentation of the appropriation made by Section
16354.

16354. There is hereby appropriated from the State Construction
Program Fund, without regard to fiscal years, any amounts transferred
to this appropriation in accordance with the provisions of Section
16353, and such amounts may be expended for acquisition of real
property or for construction and equipment of state public works
projects for which an appropriation has been made from the State
Construction Program Fund. Expenditures shall be made pursuant to
allocations made by the Director of Finance upon approval of the
State Public Works Board.
Allocations may be made for expenditure upon any state public
works project in augmentation of appropriations made from the State
Construction Program Fund, where such project cannot be undertaken
because the estimate exceeds the amount available for such
construction or bids received are in excess of the estimate, and upon
such augmentation, contracts may be awarded therefor,
notwithstanding the provisions of Section 14275 or of Section 25235
of the Education Code.
Allocations may be made for acquisition of real property in
augmentation of appropriations made from the State Construction
Program Fund for acquisition of real property and which cannot be
acquired because acquisition costs are in excess of the amounts
provided in the appropriation.
Allocations may be made for purchase of equipment in augmentation
of appropriations made from the State Construction Program Fund from
which purchase of equipment is authorized.
Allocations made pursuant to this section shall be included in the
total amount of annual Budget Act appropriations in the same manner
and with the same effect as if such allocations had been included in
a section of the annual Budget Act as provided in the State
Construction Program Bond Act of 1958 (Statutes of 1958, First
Extraordinary Session Chapter 88).