(a) The endowment may receive charitable contributions or any sources of income that may be lawfully received, including loans from the state.
(b) The endowment shall administer any funds it receives in accordance with this division.
(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) 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) 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) The accounts of the endowment shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants.
(f) The financial transactions of the endowment for any fiscal year may be audited by the California State Auditor’s Office.
(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) 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.
(Amended by Stats. 2012, Ch. 281, Sec. 41. (SB 1395) Effective January 1, 2013.)
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