Amended in Assembly July 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 164

Introduced by Assembly Member Gomez

January 21, 2015

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 164, as amended, Gomez. Claims against the state: payment.

Existing law establishes 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 for the payment of claims against the state, as presented by the Attorney General, and begin delete to have end delete begin insert require end insert any appropriated funds in excess of the amount required to pay those claims begin insert to end insert revert to the General Fund.

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

(a) The sum of two million two hundred seventeen
thousand two hundred fifty-five dollars ($2,217,255) is hereby
appropriated from the General Fund to be allocated in accordance
with the following schedule:

end insert begin insert

(1) The sum of one million seven hundred thousand dollars
($1,700,000) to the Department of Justice to pay the settlement in
Humphries v. County of Los Angeles, et al., (United States District
Court, Case No. SACV 03-0697 JVS MANx). Any funds
appropriated in excess of the amounts required for the payment
of this claim shall revert to the General Fund.

end insert begin insert

(2) The sum of five hundred seventeen thousand two hundred
fifty-five dollars ($517,255) to the Department of Justice to pay
the settlement in Marilley v. McCamman (United States District
Court, Northern District of California, Case No.
11-cv-2418-DMR). Any funds appropriated in excess of the
amounts required for the payment of this claim shall revert to the
General Fund.

end insert begin insert

(b) Five hundred seventeen thousand two hundred fifty-five
dollars ($517,255) is hereby appropriated from the Dungeness
Crab Account within the Fish and Game Preservation Fund to the
Department of Justice to pay the settlement in Marilley v.
McCamman (United States District Court, Northern District of
California, Case No. 11-cv-2418-DMR). Any funds appropriated
in excess of the amounts required for the payment of this claim
shall revert to the Dungeness Crab Account.

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.