BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1701|
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                                   THIRD READING 


          Bill No:  AB 1701
          Author:   Gonzalez (D) 
          Amended:  6/27/16 in Assembly
          Vote:     27 - Urgency

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  74-0, 8/8/16 - See last page for vote

           SUBJECT:   State claims


          SOURCE:    Author


          DIGEST:  This bill, an urgency measure, appropriates  
          approximately $450,000 from specified funds to the California  
          Victim Compensation and Government Claims Board for the payment  
          of 210 state claims.  
          
          ANALYSIS:  Existing law requires the California Victim  
          Compensation and Government Claims Board (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.

          This bill, an urgency measure, appropriates $448,458.22 in  
          various state funds, including $408,878.43 directly from the  
          General Fund, to the board for the payment of 210 state claims  
          for reissuance of stale-dated warrants. This bill does not  
          appropriate funds related to erroneous convictions.









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          Background

          The State Board of Control was established in 1945.  It was  
          revised and renamed the Victim Compensation and Government  
          Claims Board by AB 2491 (Jackson, Chapter1016, Statutes of  
          2000).  Government Code 13928 requires the board to ensure that  
          all claims that have been approved by the board, and for which  
          no legally available appropriation exists, are submitted for  
          legislative approval at least twice during each calendar year.   
          In general, the board will approve claims in November and  
          February.  Those claims are reported to the chairs of the  
          Appropriations Committees who introduce bills appropriating  
          General Funds and special funds to pay the claims.  These bills  
          may appropriate funds in amounts to the penny for tens to  
          hundreds of claims.  Government Code 906 provides for the  
          payment of interest on claims approved by the board for which an  
          appropriation has been made beginning 30 days after the  
          effective date of the law by which the appropriation is enacted.

          The re-issuance of stale-dated warrants is the most prevalent  
          claim approved by the board.  For stale-dated warrants, the  
          State Controller must confirm that (1) the check was not cashed  
          and has not been issued and (2) more than three years have  
          elapsed since the check was issued and the monies have reverted  
          to the General Fund or to the relevant special fund.  For these  
          warrants an appropriation is needed to reissue the payment.   
          This category also may include state treasury bonds that have  
          not been redeemed within ten years of their maturity date (there  
          are no such claims in this bill), but the majority of warrants  
          are payroll or tax refund checks.  

          In addition to stale-dated warrants, existing law authorizes a  
          person convicted and imprisoned for a felony to submit a claim  
          to the board for pecuniary injury sustained as a result of  
          erroneous conviction and imprisonment.  Recent changes to these  
          provisions, SB 618 (Leno, Chapter 800, Statutes of 2013),  
          specify that a person who has secured a declaration of factual  
          innocence from the court after having his or her conviction set  
          aside is eligible payment in a claim against the state.  Upon  
          application by the petitioner, the board shall, without a  
          hearing, recommend to the Legislature an appropriation to cover  
          the claim.  Likewise, if the court finds the petitioner has  
          proven his or her innocence by a preponderance of the evidence,  







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          or the court grants a writ of habeas corpus concerning a person  
          who is unlawfully imprisoned, or when the court vacates a  
          judgment for a person on the basis of new evidence concerning a  
          person who is no longer unlawfully imprisoned, and the court  
          finds the evidence points unerringly to innocence, the board  
          shall, upon application by the claimant, without a hearing,  
          recommend to the Legislature an appropriation to cover the  
          petitioner's claim.

          Otherwise, a claimant is required to introduce evidence in  
          support of his or her claim at a hearing before the board, and  
          the Attorney General may introduce evidence in opposition.  The  
          claimant must prove, by a preponderance of the evidence: (1) the  
          crime was not committed at all, or, if committed, was not  
          committed by the claimant; (2) the claimant did not contribute  
          to the arrest or conviction for the crime; and (3) the claimant  
          sustained pecuniary injury though the erroneous conviction and  
          imprisonment. 

          If a claimant meets the burden of proof, the board shall  
          recommend to the Legislature an appropriation of $140 per day of  
          incarceration served in a state prison subsequent to the  
          claimant's conviction.  That amount was recently raised from  
          $100 to $140, upon enactment of SB 635 (Nielsen, Chapter 422,  
          Statutes of 2015), so claims approved by the board prior to  
          January 1, 2016, provide payment of $100 per day of  
          incarceration.


          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:


           Stale-dated warrants:  General Fund appropriations in the  
            amount of $408,878.43 to pay 184 claims, and appropriations  
            from specific budget items in the amount of $39,579.79 to pay  
            26 claims (General Fund/special funds).  All of these claims  
            are for reissuance of stale-dated warrants (expired checks).   
            The individual claim amounts range from $21.84 to $60,701.61.









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          SUPPORT:   (Verified8/12/16)


          None received


          OPPOSITION:   (Verified8/12/16)


          None received


          ASSEMBLY FLOOR:  74-0, 8/8/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Irwin,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
          NO VOTE RECORDED:  Chang, Dahle, Roger Hernández, Holden, Jones,  
            McCarty

          Prepared by:Robert Ingenito / APPR. / (916) 651-4101
          8/15/16 20:33:17


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