Chapter 3Funds of the Department
Section § 200
This section allows the department to collect and manage money for any board within the department, as long as the board agrees. The money is then given to the State Treasury, where it is credited to the board's fund. Also, the department handles refunds with the board's consent.
Section § 200.1
This law states that any extra money added to certain funds after September 11, 1993, because of new laws, won't be taken away as per the rules of the 1993 Budget Act. This protection applies to specific funds like those for athletic commissions and contractors. However, the Medical Board of California's Contingent Fund isn't included in this protection.
Section § 201
This section allows the department to charge its different boards and agencies for estimated administrative costs, but these charges have limits. The department needs to report these expenses to the Legislature by July 1 each year. Additionally, the department must study whether their current way of dividing costs is the best method. This includes looking into whether some services should be outsourced or only charged when used, and whether agencies should have the option to decline some services and charges. The findings from this study should also be included in the report to the Legislature.
Section § 202
This law section outlines how expenses are managed for different boards under a department. The State Controller is responsible for drawing funds from each board to cover its part of the department's administrative costs. Importantly, funds from one board cannot be used to pay the expenses of another board. Additionally, the law allows for the transfer of funds among boards for certain purposes, like a release time bank, if there's an agreement similar to what's used by other state agencies.
Section § 202.5
Before charging any board for legal services, the Department of Justice must provide a detailed bill that lists each service provided and how much time was spent on each one.
Section § 203
This law requires that any money received goes to the State Treasurer, who puts it into a special fund called the Consumer Affairs Fund. The department uses the money in this fund to cover its essential operating costs.
Section § 204
This section allows for a small amount of money, up to 1% of the total budget for certain boards, to be used as needed without first providing detailed receipts or records. This fund is meant for quick cash needs. However, after two years or whenever the Department of Finance asks, detailed records must be submitted and checked by the State Controller to ensure the money was used properly.
Section § 205
This law establishes a Professions and Vocations Fund within the State Treasury, consisting of various special funds for different professional fields such as accountancy, architecture, dentistry, and more. Each special fund within this larger fund is treated as a separate account, and the money in each account can only be used for specific purposes outlined by law. These accounts cover a wide range of professions including medicine, engineering, and veterinary services, among others. The law will take effect on July 1, 2026.
Section § 205.1
Section § 205.2
This law states that any mention of the 'State Dental Assistant Fund' should be understood as referring to the 'State Dentistry Fund.' All money that was in the State Dental Assistant Fund had to be moved to the State Dentistry Fund by July 1, 2022. After that date, the State Dental Assistant Fund no longer exists.
Section § 205.3
This law section states that all money in the Dispensing Opticians Fund should be transferred to the Optometry Fund by July 1, 2022. After this date, the Dispensing Opticians Fund will no longer exist.
Section § 206
If someone writes a bad check to pay for a fee, fine, or penalty, they can't get the license or approval they want until they pay what they owe plus any extra fees. The board might also require that future payments be made with a cashier’s check or money order.
Section § 207
This law section explains that money from fines and penalties collected by a regulatory body isn't automatically available to spend whenever they want. Instead, spending this money has to be officially approved by the state Legislature. It also mentions that the annual Budget Act can allocate all the money in a fund, whether it's usually available for immediate use or not, for use in a given budget year.
Section § 208
Starting April 1, 2025, certain licensed professionals will need to pay a $15 annual fee to help fund the CURES system, which monitors controlled substance prescriptions. This fee will be collected during license renewals, but the fee may be reduced if the costs are less. Those with inactive or retired licenses normally won’t have to pay, unless they are authorized to handle controlled substances. The money gathered will go into a special fund to support the system's operation. Specific boards will work with the state justice department to keep the system running effectively, with the goal of regulating specific licensees.
Section § 209
This law requires the California Department of Justice and the Department of Consumer Affairs to make the process of accessing the CURES Prescription Drug Monitoring Program easier for healthcare professionals and pharmacists dealing with certain controlled substances. They need to simplify the application process, make it possible for practitioners to delegate access to this database, and allow practitioners without a DEA number to opt-out of this system if they choose.
Section § 210
This law explains how California's Department of Consumer Affairs can enter a contract for the BreEZe system, a tool for managing licenses and cases, after notifying key legislative committees. The cost must align with approved project expenses. The department must report on the use of BreEZe by licensing personnel by the end of 2014. It also allows, under certain conditions, for budget increases to cover BreEZe costs with non-General Fund money, following specific notifications and approvals.
Section § 211
If a department in California hires an outside consultant to examine how it operates, it must send the consultant's final report to the relevant legislative policy committees. However, before doing so, any confidential information that can't be shared under the California Public Records Act must be removed.