Amended in Assembly June 11, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1617

Introduced by Assembly Member Gatto

February 6, 2014

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 1617, as amended, Gatto. 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.

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This bill declares the intent of the Legislature to appropriate funds for the payment of claims allowed by the board.

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This bill would appropriate $745,042.81 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board to pay claims accepted by the board. The bill would require 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 7870-001-0001 of Section 2.00 of the Budget Act of 2014.

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This bill would also appropriate $1,450,200 to the board to pay specified claims accepted by the board.

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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:

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SECTION 1.  

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

end delete

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

(a) The sum of seven hundred forty-five thousand
forty-two dollars and eighty-one cents ($745,042.81) 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).

end insert begin insert

(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:

end insert

 

begin insert

begin insert Total for Fund: General Fund (0001)    end insert							begin insert $450,950.18 end insert
begin insert Total for Fund: Public Employees’ Retirement Fund (0830)    end insert							begin insert $234.35 end insert
begin insert Total for Fund: Item 2240-001-0648 end insert							begin insert   end insert
begin insert Budget Act of 2014, Program 10    end insert							begin insert $172.00 end insert
begin insert Total for Fund: Item 2740-001-0044 end insert							begin insert   end insert
begin insert Budget Act of 2014, Program 11    end insert							begin insert $363.93 end insert
begin insert Total for Fund: Item 4260-001-0001 end insert							begin insert   end insert
begin insert Budget Act of 2014, Program 20    end insert							begin insert $554.01 end insert
begin insert Total for Fund: Item 4260-001-0001 end insert							begin insert   end insert
begin insert Budget Act of 2014, Program 20.10.030    end insert							begin insert $91,227.88 end insert
begin insert Total for Fund: Item 5180-111-0001 end insert							begin insert   end insert
begin insert Budget Act of 2014, Program 25.15    end insert							begin insert $3,848.50 end insert
begin insert Total for Fund: Item 7100-001-0185 end insert							begin insert   end insert
begin insert Budget Act of 2014, Program 21    end insert							begin insert $197,691.96 end insert

end insert

 

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begin insert SEC. 2. end insert   

end insert

begin insert 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
subdivision (b) of Section 1 to Item 7870-001-0001 of Section 2.00
of the Budget Act of 2014. 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 subdivision (b) of Section 1 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 the support
of the board reimbursements to Item 7870-001-0001 of Section
2.00 of the Budget Act of 2014. 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. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The sum of six hundred eighty-three thousand three
hundred dollars ($683,300) is hereby appropriated from the
General Fund to the Executive Officer of the California Victim
Compensation and Government Claims Board for the payment of
the claim of Francisco Carrillo, accepted by the board and
reported to the Legislature pursuant to Section 4904 of the Penal
Code. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert The sum of three hundred five thousand three hundred
dollars ($305,300) is hereby appropriated from the General Fund
to the Executive Officer of the California Victim Compensation
and Government Claims Board for the payment of the claim of
Jose Luis Diaz, accepted by the board and reported to the
Legislature pursuant to Section 4904 of the Penal Code. end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert The sum of four hundred sixty-one thousand six
hundred dollars ($461,600) is hereby appropriated from the
General Fund to the Executive Officer of the California Victim
Compensation and Government Claims Board for the payment of
the claim of Johnny Williams, accepted by the board and reported
to the Legislature pursuant to Section 4904 of the Penal Code. end insert

begin delete SEC. 2. end delete
begin insert SEC. 6. end insert   

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