Section § 71560

Explanation

This law outlines how the endowment can receive and manage funds, such as charitable donations and state loans. It specifies that funds received must be invested to generate income, and the principal amount from donations must not be spent. Only investment returns can be used for expenses. Ten percent of certain funds must be granted to state agencies for coastal and ocean protection within two years. Investments must comply with the Nonprofit Public Benefit Corporation Law, and the endowment's accounts are audited annually by independent accountants. Financial transactions can also be audited by the California State Auditor’s Office. Recipients of grants or loans must maintain detailed financial records, though fixed-price contract recipients are exempt from certain record-keeping requirements. Both the endowment and state auditor have rights to access necessary financial records for auditing purposes.

(a)CA Public Resources Code § 71560(a) The endowment may receive charitable contributions or any sources of income that may be lawfully received, including loans from the state.
(b)CA Public Resources Code § 71560(b) The endowment shall administer any funds it receives in accordance with this division.
(c)Copy CA Public Resources Code § 71560(c)
(1)Copy CA Public Resources Code § 71560(c)(1) Except as provided in paragraph (2), the endowment shall invest and manage any funds it receives so that the investments shall provide a source of income in perpetuity and the principal amount consisting of charitable contributions and donations, including cost savings donated pursuant to Section 6618 of the Fish and Game Code, shall not be spent. Any returns on investments made by the endowment are the only funds that shall be available for expenditure by the endowment.
(2)CA Public Resources Code § 71560(c)(2) Ten percent of any funds received by the endowment pursuant to Section 6618 of the Fish and Game Code in a calendar year shall be allocated by the endowment board, pursuant to Section 71552, as grants for projects or programs consistent with the purpose of this chapter within 24 months of receipt of the funds. The majority of these funds shall be granted to state agencies engaged in coastal and ocean protection.
(d)CA Public Resources Code § 71560(d) The endowment shall invest and manage any funds it receives in accordance with the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(e)CA Public Resources Code § 71560(e) The accounts of the endowment shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants.
(f)CA Public Resources Code § 71560(f) The financial transactions of the endowment for any fiscal year may be audited by the California State Auditor’s Office.
(g)CA Public Resources Code § 71560(g) Each recipient of assistance by grant, contract, or loan pursuant to this division shall keep records reasonably necessary to disclose fully the amount of the assistance, the disposition of the assistance, the total cost of the project or undertaking in connection with which the assistance is given or used, the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and other records that will facilitate an effective audit. Each recipient of a fixed price contract awarded pursuant to competitive bidding procedures is exempt from this subdivision.
(h)CA Public Resources Code § 71560(h) The endowment, or its authorized representative, and the California State Auditor’s Office shall have access to any records necessary for the purpose of auditing and examining all funds received or expended by the recipients of assistance.

Section § 71561

Explanation

This law says that any endowment funds must be managed in a way that follows three main rules. First, they should be invested with the same care as a wise investor, aiming for reasonable long-term returns. Second, all financial activities must adhere to widely accepted accounting practices. Finally, investment strategies should align with specific investment and fund management laws in the Probate Code, ensuring responsible and consistent handling of funds.

The endowment funds shall be administered and managed in accordance with all of the following:
(a)CA Public Resources Code § 71561(a) Reasonably prudent investor standards that will give the fund the capacity to achieve reasonable rates of return on investment similar to those of other prudent investors for long-term investments.
(b)CA Public Resources Code § 71561(b) Use of generally accepted accounting practices, and expenditure and investing procedures.
(c)CA Public Resources Code § 71561(c) Investment policies that are consistent with the Uniform Prudent Investor Act (Article 2.5 (commencing with Section 16045) of Chapter 1 of Part 4 of Division 9 of the Probate Code), and with the Uniform Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code), as applicable.

Section § 71562

Explanation

If an endowment closes, is dissolved, goes bankrupt, or doesn't fulfill its financial responsibilities, any funds it holds will go back to the state or another approved public agency or nonprofit.

Funds held by the endowment shall revert to the state or to another public agency or nonprofit organization approved by the state if the endowment does any of the following:
(a)CA Public Resources Code § 71562(a) Ceases operations.
(b)CA Public Resources Code § 71562(b) Is dissolved.
(c)CA Public Resources Code § 71562(c) Becomes bankrupt or insolvent.
(d)CA Public Resources Code § 71562(d) Fails to perform its fiduciary duties.