BILL NUMBER: AB 1273 CHAPTERED 10/11/07 CHAPTER 509 FILED WITH SECRETARY OF STATE OCTOBER 11, 2007 APPROVED BY GOVERNOR OCTOBER 11, 2007 PASSED THE SENATE SEPTEMBER 11, 2007 PASSED THE ASSEMBLY SEPTEMBER 12, 2007 AMENDED IN SENATE JUNE 28, 2007 AMENDED IN ASSEMBLY MAY 22, 2007 AMENDED IN ASSEMBLY MAY 14, 2007 INTRODUCED BY Assembly Member Leno FEBRUARY 23, 2007 An act to amend Section 935.6 of the Government Code, relating to state claims, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1273, Leno. State claims. Existing law requires the California Victim Compensation and Government Claims Board to report to the Legislature when there is no sufficient appropriation available for the payment of a claim against the state allowed by the board. This bill would appropriate $733,647.47 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board to pay claims accepted by the board. 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 Budget Act items of appropriation identified in this bill to Item 8700-001-0001 of Section 2.00 of the Budget Act of 2007, as specified. Existing law requires the state to pay counties for the costs of conducting specified elections proclaimed by the Governor during 2006. This bill would appropriate $1,765,000 from the General Fund to the board to pay claims resulting from county election costs under these provisions. Existing law provides that the board may authorize any state agency to settle and pay claims filed against the state in connection with specified filing fees if the settlement does not exceed $1,000. This bill would authorize any state agency to settle any claim against the state if the settlement does not exceed $1,000. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 935.6 of the Government Code is amended to read: 935.6. (a) The Victim Compensation and Government Claims Board may authorize any state agency to settle and pay claims filed pursuant to Section 905.2 if the settlement does not exceed one thousand dollars ($1,000) or a lesser amount as the board may determine, or to reject the claim and provide the notice required by Section 913. The board may require state agencies that it so authorizes to report annually to the board concerning the claims resolved pursuant to this section. (b) As used in this section, "state agency" means any office, officer, department, division, bureau, board, commission, or agency of the state, claims against which are paid by warrants drawn by the Controller, but does not mean any judicial branch entity, as defined in Section 900.3, or any judge thereof. SEC. 2. (a) The sum of seven hundred thirty-three thousand six hundred forty-seven dollars and forty-seven cents ($733,647.47) is hereby appropriated from the various funds, as specified in subdivision (b), to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims accepted by the board in accordance with the schedule set forth in subdivision (b). (b) Pursuant to subdivision (a), claims accepted by the California Victim Compensation and Government Claims Board shall be paid in accordance with the following schedule: Total for Fund: General Fund $518,103.81 (0001)........................... Total for Fund: Item 0950-001- 0001 Budget Act of 2007, Program 20... $500.00 Total for Fund: Item 1900- 001-0822 Budget Act of 2007, Program 30... $655.50 Total for Fund: Item 2660-001- 0042 Budget Act of 2007, Program $15,615.35 50.00............................ Total for Fund: Item 2740-001- 0044 Budget Act of 2007, Program $370.67 40.01............................ Total for Fund: Item 2740-001- 0044 Budget Act of 2007, Program $2,865.13 41.01............................ Total for Fund: Item 2740-001- 0064 Budget Act of 2007, Program 30... $196.00 Total for Fund: Item 3600-001- 0001 Budget Act of 2007, Program 20... $175,000.00 Total for Fund: Item 3600-001- 0200 Budget Act of 2007, Program 20... $2,048.18 Total for Fund: Item 4260-001- 0001 Budget Act of 2007, Program 20... $7,198.18 Total for Fund: Item 5180-111- 0001 Budget Act of 2007, Program $3,833.04 25.15............................ Total for Fund: Item 6610-001- 0001 Budget Act of 2007, Program 06... $1,032.00 Total for Fund: Item 7100- 001-0185 Budget Act of 2007, Program 21... $988.84 Total for Fund: Item 7100-101- 0588 Budget Act of 2007, Program 21... $3,125.77 Total for Fund: Item 7100-101- 0871 Budget Act of 2007, Program 21... $2,115.00 (c) In addition to amounts identified in subdivision (b), the sum of two hundred thirty-nine thousand eleven dollars ($239,011) of the unencumbered balance in the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Fund, which was previously appropriated to the Department of Parks and Recreation in Item 3790-102-0005 of the Budget Act of 2000 (Chapter 52 of the Statutes of 2000), is hereby reappropriated to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of a claim to the City of St. Helena. SEC. 3. Upon the request of the California Victim Compensation and Government Claims Board, in a form prescribed by the Controller, the Controller shall transfer surcharges and fees from the Budget Act items of appropriation identified in subdivisions (b) and (c) of Section 2 of this act to Item 1870-001-0001 of Section 2.00 of the Budget Act of 2007. For each Budget Act item of appropriation, this amount shall not exceed the cumulative total of the per claim filing fees authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. For those items in subdivisions (b) and (c) of Section 2 that do not reflect a Budget Act appropriation, the Controller shall transfer an amount not to exceed the cumulative total of the per claim filing fees authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. This amount shall be transferred for support of the board as reimbursements to Item 1870-001-0001 of Section 2.00 of the Budget Act of 2007. The board shall provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this act. SEC. 4. (a) The sum of one million seven hundred sixty-five thousand dollars ($1,765,000) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board to pay claims resulting from county special election costs pursuant to Chapter 727 of the Statutes of 2006. (b) This amount is based on, and reimbursement shall be provided at, a maximum rate of up to one dollar and thirty-seven cents ($1.37) per registered voter or the actual amount claimed for nonconsolidated elections, whichever is less, and a maximum rate of up to sixty-six cents ($0.66) per registered voter or the actual amount claimed for consolidated elections, whichever is less. (c) The funds appropriated in this act may only be used to pay claims for special election costs authorized pursuant to Chapter 727 of the Statutes of 2006. Any funds appropriated in excess of the amounts actually required for the payment of these claims shall revert to the General Fund on June 30 of fiscal year 2007-08. SEC. 5. Pursuant to Section 13965 of the Government Code, the Legislature hereby approves the report submitted by the California Victim Compensation and Government Claims Board on the following victim compensation claims: Claim No. 501531......... $9,432.50 Claim No. 672144......... $3,569.47 SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to settle claims against the state and end hardship to claimants as quickly as possible, it is necessary for this act to take effect immediately.