Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 165


Introduced by Assembly Member Gomez

January 21, 2015


An act relating to state claims,begin insert making an appropriation therefor,end insert and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 165, as amended, Gomez. State claims.

Existing law requires the California Victim Compensation and Government Claims Board to ensure that all claims that have been approved by the board, and for which there exists no legally available appropriation, are submitted for legislative approval at least twice each calendar year.

This billbegin delete declares the intent of the Legislature to appropriate funds for the payment of claims allowed by the board.end deletebegin insert would appropriate $504,743.99 from various funds for the payment of claims accepted by the board, as specified. This bill would require the Controller, upon the request of the board, in a form prescribed by the Controller, to transfer surcharges and fees from the specified Budget Act item of appropriation identified in the bill to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2015. This bill would require the board to provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this bill. This bill additionally would appropriate certain funds from the General Fund to the board for the payment of the claims of specified individuals.end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete
P2    1

SECTION 1.  

It is the intent of the Legislature to appropriate
2funds for the payment of claims against the state approved by the
3California Victim Compensation and Government Claims Board.

end delete
4begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The sum of five hundred four thousand seven
5hundred forty-three dollars and ninety-nine cents ($504,743.99)
6is hereby appropriated from the various funds specified in
7subdivision (b) to the Executive Officer of the California Victim
8Compensation and Government Claims Board for the payment of
9claims accepted by the board in accordance with the schedule set
10forth in subdivision (b).

end insert
begin insert

11(b) Pursuant to subdivision (a), claims accepted by the
12California Victim Compensation and Government Claims Board
13shall be paid in accordance with the following schedule:

end insert

14

 

begin insert
begin insert

Total for Fund: General Fund (0001)   $221, 462.15

end insert
begin insert

Total for Fund: Item 2740-001-0044

end insert
begin insert

Budget Act of 2015, Program 2130   $3, 019.88

end insert
begin insert

Total for Fund: Item 2740-001-0044

end insert
begin insert

Budget Act of 2015, Program 9900100   $16.00

end insert
begin insert

Total for Fund: Item 5180-111-0001

end insert
begin insert

Budget Act of 2015: Program 4275010   $5, 846.81

end insert
begin insert

Total for Fund: Item 7100-001-0185

end insert
begin insert

Budget Act of 2015, Program 5910   $274, 399.15

end insert
end insert
P2   24

 

25begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Upon the request of the California Victim
26Compensation and Government Claims Board, in a form prescribed
27by the Controller, the Controller shall transfer surcharges and
28fees from the Budget Act items of appropriation identified in
29subdivision (b) of Section 1 of this act to Item 7870-001-0001 of
30Section 2.00 of the Budget Act of 2015. For each Budget Act item
31of appropriation, this amount shall not exceed the cumulative total
32of the per claim filing fees authorized by subdivision (c) of Section
33905.2 of the Government Code and the surcharge authorized by
P3    1subdivision (f) of Section 905.2 of the Government Code. For those
2items in subdivision (b) that do not reflect a Budget Act
3appropriation, the Controller shall transfer an amount not to
4exceed the cumulative total of the per claim filing fee authorized
5by subdivision (c) of Section 905.2 of the Government Code. This
6amount shall be transferred for the support of the board
7reimbursements to Item 7870-001-0001 of Section 2.00 of the
8Budget Act of 2015. The board shall provide a report of the
9amounts recovered pursuant to this authority to the Department
10of Finance within 90 days of the enactment of this act.

end insert
11begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The sum of two hundred twenty -nine thousand dollars
12($229,000) is hereby appropriated from the General Fund to the
13Executive Officer of the California Victim Compensation and
14Government Claims Board for the payment of the claim of Ronald
15Ross, accepted by the board and reported to the Legislature
16pursuant to Section 4904 of the Penal Code.

end insert
17begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

The sum of five hundred ninety-seven thousand two
18hundred dollars ($597,200) is hereby appropriated from the
19General Fund to the Executive Officer of the California Victim
20Compensation and Government Claims Board for the payment of
21the claim of Susan Mellen, accepted by the board and reported to
22the Legislature pursuant to Section 4904 of the Penal Code.

end insert
23begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

The sum of one hundred forty-two thousand two
24hundred dollars ($142,200) is hereby appropriated from the
25General Fund to the Executive Officer of the California Victim
26Compensation and Government Claims Board for the payment of
27the claim of Brian Banks, accepted by the board and reported to
28the Legislature pursuant to Section 4904 of the Penal Code.

end insert
29

begin deleteSEC. 2.end delete
30begin insertSEC. 6.end insert  

This act is an urgency statute necessary for the
31immediate preservation of the public peace, health, or safety within
32the meaning of Article IV of the Constitution and shall go into
33immediate effect. The facts constituting the necessity are:

34In order to pay claims against the state and end hardship to
35claimants as quickly as possible, it is necessary that this bill go
36into immediate effect.



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