California Legislature—2013–14 Regular Session

Assembly Bill No. 2598

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is repealed.

begin delete

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.

end delete

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 begin delete claims end delete begin insert a monthly claim
made pursuant to Section 201 end insert by the department to the begin delete State end delete
Controller, the begin delete State end delete Controller shall begin insert , in an amount not to end insert begin insert exceed
the available balance in an appropriation, end insert draw his or her warrant
against any of the funds of any one of the boards to cover its begin insert pro
rata end insert share of the estimated begin insert monthly end insert administrative expenses of the
department. begin insert 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 exceeds
20 percent of a board’s budget for that fiscal year. end insert The fund of
one board shall not be used to pay the expenses of any other board.

(b)  begin delete Nothing in this end delete begin insert This end insert section or begin delete in end delete Section 401 shall begin insert not end insert
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.