Amended in Assembly August 5, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 234

Introduced by Assembly Member Gatto

February 5, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 234, as amended, Gatto. Claims against the state: payment.

Current law authorizes a procedure for the state to pay claims against the state.

This bill would begin delete state the intent of the Legislature to end delete appropriate funds begin insert in the prescribed amounts end insert for the payment of claims against the state begin delete , as presented by the Attorney General, and to have any appropriated funds in excess of the amount required to pay those claims revert to the General Fund end delete .

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

Vote: ²⁄₃. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin delete

SECTION 1.  

The Legislature intends to appropriate funds for
the payment of claims against the state presented by the Attorney
General. Any funds appropriated in excess of the amounts actually
required for the payment of a claim shall revert to the General
Fund on June 30 of the fiscal year in which the payment is made.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The sum of twenty million seven hundred fifty
thousand dollars ($20,750,000) is hereby appropriated from the
General Fund to the Department of Justice to be allocated in
accordance with the following schedule:

end insert begin insert

(a) The sum of five million seven hundred fifty thousand dollars
($5,750,000) to the Department of Justice to pay the settlement in
Thomas v. State of California, Alameda County Superior Court
No. RG 12654728. Any funds appropriated in excess of the amount
required for the payment of this claim shall revert to the General
Fund.

end insert begin insert

(b) The sum of fifteen million dollars ($15,000,000) to the
Department of Justice to pay the settlement in Amethyst Kirwin,
et al. v. Timothy McClelland, et al, San Bernadino Superior Court
No. CIVDS1302436. Any funds appropriated in excess of the
amount required for the payment of this claim shall revert to the
General Fund.

end insert

SEC. 2.  

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