Amended in Senate May 3, 2016

Senate BillNo. 1186


Introduced by Senator Lara

February 18, 2016


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

SB 1186, as amended, Lara. 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.

This billbegin delete declares the intent of the Legislature to appropriate funds for the payment of claims allowed by the board.end deletebegin insert would appropriate $647,443.32 from various funds for the payment of claims accepted by the board, as specified. This bill would require the Controller, upon the request of the board, in a form prescribed by the Controller, to transfer surcharges and fees from the specified Budget Act item of appropriation identified in the bill to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. This bill would require the board to provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this bill. This bill would also appropriate certain funds from the General Fund to the board for the payment of the claims of specified individuals.end insert

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

Vote: 23. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

begin delete
P2    1

SECTION 1.  

It is the intent of the Legislature to appropriate
2funds for the payment of claims against the state approved by the
3California Victim Compensation and Government Claims Board.

end delete
4begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The sum of six hundred forty-seven thousand
5four hundred forty-three dollars and thirty-two cents ($647,443.32)
6is hereby appropriated from the various funds specified in
7subdivision (b) to the Executive Officer of the California Victim
8Compensation and Government Claims Board for the payment of
9claims accepted by the board in accordance with the schedule set
10forth in subdivision (b).

end insert
begin insert

11
(b) Pursuant to subdivision (a), claims accepted by the
12California Victim Compensation and Government Claims Board
13shall be paid in accordance with the following schedule:

end insert

14

 

begin insert
begin insert

Total for Fund: General Fund (0001)   $606,296.25

end insert
begin insert

Total for Fund: Item 2660-001-0042

end insert
begin insert

Budget Act of 2016, Program 1835010   $47.31

end insert
begin insert

Total for Fund: Item 2740-001-0044

end insert
begin insert

Budget Act of 2016, Program 2130   $966.22

end insert
begin insert

Total for Fund: Item 4260-101-0001

end insert
begin insert

Budget Act of 2016, Program 3960022   $2,028.06

end insert
begin insert

Total for Fund: Item 5180-111-0001

end insert
begin insert

Budget Act of 2016, Program 4275010   $15,567.57

end insert
begin insert

Total for Fund: Item 7100-001-0185

end insert
begin insert

Budget Act of 2016, Program 5930   $22,537.91

end insert
end insert
P2   26

 

27begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Upon the request of the California Victim
28Compensation and Government Claims Board, in a form prescribed
29by the Controller, the Controller shall transfer surcharges and
30fees from the Budget Act items of appropriation identified in
31subdivision (b) of Section 1 of this act to Item 7870-001-0001 of
32Section 2.00 of the Budget Act of 2016. For each Budget Act item
33of appropriation, this amount shall not exceed the cumulative total
34of the per claim filing fee authorized by subdivision (c) of Section
35905.2 of the Government Code and the surcharge authorized by
P3    1subdivision (f) of Section 905.2 of the Government Code. For those
2items in subdivision (b) that do not reflect a Budget Act
3appropriation, the Controller shall transfer an amount not to
4exceed the cumulative total of the per claim filing fee authorized
5by subdivision (c) of Section 905.2 of the Government Code and
6the surcharge authorized by subdivision (f) of Section 905.2 of the
7Government Code. This amount shall be transferred for the support
8of the board reimbursements to Item 7870-001-0001 of Section
92.00 of the Budget Act of 2016. The board shall provide a report
10of the amounts recovered pursuant to this authority to the
11Department of Finance within 90 days of the enactment of this act.

end insert
12begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The sum of five hundred eighty-one thousand six
13hundred dollars ($581,600) is hereby appropriated from the
14General Fund to the Executive Officer of the California Victim
15Compensation and Government Claims Board for the payment of
16the claim of Obie Steven Anthony III, accepted by the board and
17reported to the Legislature pursuant to Section 4904 of the Penal
18Code.

end insert
19begin insert

begin insertSEC. 4.end insert  

end insert

begin insertThe sum of six hundred fifty-three thousand six hundred
20dollars ($653,600) is hereby appropriated from the General Fund
21to the Executive Officer of the California Victim Compensation
22and Government Claims Board for the payment of the claim of
23John Smith, accepted by the board and reported to the Legislature
24pursuant to Section 4904 of the Penal Code.end insert

25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertThe sum of five hundred sixty-four thousand one
26hundred dollars ($564,100) is hereby appropriated from the
27General Fund to the Executive Officer of the California Victim
28Compensation and Government Claims Board for the payment of
29the claim of Michael Smith, accepted by the board and reported
30to the Legislature pursuant to Section 4904 of the Penal Code.end insert

31begin insert

begin insertSEC. 6.end insert  

end insert

begin insertThe sum of five hundred twelve thousand six hundred
32dollars ($512,600) is hereby appropriated from the General Fund
33to the Executive Officer of the California Victim Compensation
34and Government Claims Board for the payment of the claim of
35Timothy Gantt, accepted by the board and reported to the
36Legislature pursuant to Section 4904 of the Penal Code.end insert

37begin insert

begin insertSEC. 7.end insert  

end insert

begin insertThe sum of six hundred fifty-four thousand five hundred
38dollars ($654,500) is hereby appropriated from the General Fund
39to the Executive Officer of the California Victim Compensation
40and Government Claims Board for the payment of the claim of
P4    1Marco Milla, accepted by the board and reported to the Legislature
2pursuant to Section 4904 of the Penal Code.end insert

3begin insert

begin insertSEC. 8.end insert  

end insert

begin insertThe sum of seven hundred sixty-two thousand four
4hundred forty dollars ($762,440) is hereby appropriated from the
5General Fund to the Executive Officer of the California Victim
6Compensation and Government Claims Board for the payment of
7the claim of Larry Pohlschneider, accepted by the board and
8reported to the Legislature pursuant to Section 4904 of the Penal
9Code.end insert

10

begin deleteSEC. 2.end delete
11
begin insertSEC. 9.end insert  

This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:

15In order to pay claims against the state and end hardship to
16claimants as quickly as possible, it is necessarybegin delete thatend deletebegin insert forend insert this actbegin insert toend insert
17 take effect immediately.



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