2005 California Government Code Sections 11270-11277 Article 2. General Administrative Costs

GOVERNMENT CODE
SECTION 11270-11277

11270.  As used in this article "administrative costs" means the
amounts expended by the Legislature, Controller, Treasurer, the State
Personnel Board, the Department of General Services, the State Board
of Control, the State 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 Business, Transportation and Housing Agency, the Secretary of
the Health and Welfare Agency, the Secretary of the Resources Agency,
the Secretary of the Youth and Adult Correctional Agency, the
California State Library, and the Department of Information
Technology, 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 the various state agencies.
11271.  The Department of Finance shall determine and may at any
time redetermine which funds, other than the General 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 any such fund
and the amount which shall be charged against any such fund as its
fair share of administrative costs.  The costs shall be a charge
against any fund or special account in the General 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 annually reimburse the General Fund for its share
of costs determined pursuant to this subdivision.
11274.  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 General
Fund.  The Controller shall specify on the statement the special fund
appropriations to be charged at the time transfers are made covering
the administrative costs.
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
Board of Control; and shall defer action to effect the transfer of
funds until that transfer has been approved by the Board of Control.
11276.  The Department of Finance may certify at any time during the
year to the Controller such 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 General Fund.  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 such statement, file
with the Controller, in duplicate, a written request to defer payment
of such advance.  Upon receipt of any such request, the Controller
shall forthwith transmit one copy of such request to the Department
of Finance and shall defer action to effect the transfer of funds
covering the advance referred to in such request until such 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 General Fund to the special fund
appropriation the excess amount advanced.


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