BILL NUMBER: AB 2598	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2014

   An act to amend Section 202 of, and to repeal and add Section 201
of, the Business and Professions Code, relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2598, as introduced, Hagman. Department of Consumer Affairs:
administrative expenses.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law authorizes the Department of Consumer Affairs
to collect, through a proper claim made to the Controller, a board's
pro rata share of the department's administrative expenses.
   This bill would require the department to make a claim to the
Controller each month against any of the funds of a board for that
board's pro rata share of the department's estimated monthly
administrative expenses, and would further require the department to
base the claim on the amount of filled positions working for a board.
This bill would prohibit the Controller from paying the department
for a board's pro rata share of total administrative expenses for any
fiscal year in an aggregate amount over 20% of a board's budget for
any fiscal year.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 201 of the Business and Professions Code is
repealed. 
   201.  A charge for the estimated administrative expenses of the
department, not to exceed the available balance in any appropriation
for any one fiscal year, may be levied in advance on a pro rata share
basis against any of the funds of any of the boards, bureaus,
commissions, divisions, and agencies, at the discretion of the
director and with the approval of the Department of Finance.

  SEC. 2.  Section 201 is added to the Business and Professions Code,
to read:
   201.  The department shall make a claim to the Controller each
month against any of the funds of a board for that board's pro rata
share of the department's estimated monthly administrative expenses.
The pro rata charge shall be based on the amount of filled positions
working for a board and shall not be based on the number of positions
allocated to the board.
  SEC. 3.  Section 202 of the Business and Professions Code is
amended to read:
   202.  (a) Upon proper presentation of  claims 
 a monthly claim made pursuant to Section 201  by the
department to the State  Controller, the 
State  Controller shall  , in an amount not to 
 exceed the available balance in an appropriation,  draw his
or her warrant against any of the funds of any one of the boards to
cover its  pro rata  share of the estimated  monthly
 administrative expenses of the department.  The Controller
shall not draw warrants to pay the department for a board's pro rata
share of total administrative expenses for any fiscal year in an
aggregate amount that exc   eeds 20 percent of a board's
budget for that fiscal year.  The fund of one board shall not be
used to pay the expenses of any other board.
   (b)  Nothing in this   This  section or
 in  Section 401 shall  not  prohibit the
transfer of funds for a release time bank of any board, commission,
or bureau of the department pursuant to a memorandum of understanding
on the same terms and conditions applicable to other state agencies.