BILL NUMBER: SB 2018	CHAPTERED  09/18/02

	CHAPTER  682
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 17, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	PASSED THE SENATE  MAY 28, 2002
	AMENDED IN SENATE  MAY 22, 2002

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 22, 2002

   An act to add Section 207 to the Business and Professions Code,
relating to consumer affairs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2018, Figueroa.  Consumer boards and committees:  funds subject
to appropriation.
   Existing law creates certain funds for the boards, committees, and
programs under the jurisdiction of the Department of Consumer
Affairs established to regulate various professions and vocations.
Under existing law, the boards, committees, and programs obtain
revenue from licensing and other regulatory fees collected from the
persons subject to their licensing and regulatory provisions, which
revenue is deposited into a particular fund.  Existing law provides
in some cases for revenue derived from administrative fines, civil
penalties, and criminal penalties or other enforcement actions
imposed or undertaken by the regulating board, committee, or program
to be deposited in the same fund.  Existing law provides in some
cases that the money in the fund, including both regulatory fees and
penalties, is continuously appropriated for certain purposes.  Thus,
a proposed statute changing the purposes for which money in a
continuously appropriated fund may be expended, or providing an
increase in the revenues deposited in a continuously appropriated
fund, constitutes an appropriation.
   This bill, notwithstanding any other provision of law, would
provide that the money in certain funds that is attributable to
fines, penalties, or other enforcement actions is not continuously
appropriated.  The bill would provide that these moneys shall only be
available for expenditure upon appropriation by the Legislature.
The bill would also authorize the annual Budget Act to appropriate,
in a single budget item for each individual fund, the entire amount
available for expenditure in the budget year from that individual
fund. That appropriation could include the portion of a fund that is
continuously appropriated and the portion that is not continuously
appropriated.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 207 is added to the Business and Professions
Code, to read:
   207.  (a) Notwithstanding any other provision of law, the money in
any fund described in Section 205 that is attributable to
administrative fines, civil penalties, and criminal penalties imposed
by a regulating entity, or cost recovery by a regulating entity from
enforcement actions and case settlements, shall not be continuously
appropriated.  The money in each fund that is not continuously
appropriated shall be available for expenditure as provided in this
code only upon appropriation by the Legislature.
   (b) Notwithstanding any other provision of law, the annual Budget
Act may appropriate, in a single budget item for each individual fund
described in paragraphs (1) to (40), inclusive, of subdivision (a)
of Section 205, the entire amount available for expenditure in the
budget year for that fund. That appropriation may include funds that
are continuously appropriated and funds that are not continuously
appropriated.