BILL ANALYSIS
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THIRD READING
Bill No: AB 92
Author: De Leon (D)
Amended: 5/12/09 in Assembly
Vote: 27 - Urgency
SENATE APPROPRIATIONS COMMITTEE : 11-0, 6/29/09
AYES: Kehoe, Cox, Corbett, Leno, Oropeza, Price, Runner,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Denham, Hancock
ASSEMBLY FLOOR : 79-0, 6/1/09 - See last page for vote
SUBJECT : State claims
SOURCE : California Victim Compensation Government
Claims Board
DIGEST : This bill appropriates $617,711.41 from various
funds to the Executive Officer of the California Victim
Compensation and Government Claims Board (Board) to pay
claims accepted by the Board. The bill requires the
Controller, upon the request of the Board, in a form
prescribed by the Controller, to transfer surcharges and
fees from specified Budget Act items of appropriation
identified in the bill to Item 1870-001-0001 of Section
2.00 of the Budge Act of 2009.
ANALYSIS : The Government Code requires the Board to take
all necessary steps to ensure that all approved claims, for
which there exists no legally available appropriation, are
CONTINUED
AB 92
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submitted for legislative approval at least twice each
calendar year.
This bill, one of two annual bills sponsored by the
California Victim Compensation and the Government Claims
Board and carried by the Appropriations Committee chairs,
appropriates $617,711 from various funds to pay 120 claims
against the state as approved by the Board.
Of the 10 largest claims contained in this bill, five, for
a total of $384,975 are for unredeemed state treasury bonds
and five, for a total of $117,099.57 are for the
re-issuance of stale-dated warrants. For stale-dated
warrants, the Controller must confirm that:
1. The check was not cashed and has not been issued.
2. More than three years have elapsed since the check was
issued and the monies have reverted to the General Fund.
For these warrants an appropriation is needed to
reissue the payment. A similar process is applied for
state treasury bonds that have not been redeemed within
ten years of their maturity date.
This bill contains one claim for a refund of $6,250.26.
Generally, an audit discovers the claimant overpaid and the
agency, in this case the Franchise Tax Board, acknowledges
it owes the refund, but the period for the claimant to file
for a refund has expired so the agency cannot disburse it
administratively.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Appropriates $617,565 from the General Fund and $146 from
the Motor Vehicle Account. Appropriates, pursuant to
current law, and additional 15 percent surcharge on the
amount of each claim to pay for the Board's administrative
costs. This surcharge equals $92,700.
SUPPORT : (Verified 7/1/09)
California Victim Compensation Government Claims Board
(source)
AB 92
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
DLW:do 7/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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