Amended in Assembly June 6, 2016

Amended in Senate May 3, 2016

Senate BillNo. 1186


Introduced by Senator Lara

February 18, 2016


An act relating to state claims, making an appropriation therefor, 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 bill 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.

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

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

(a) The sum of six hundred forty-seven thousand
2four hundred forty-three dollars and thirty-two cents ($647,443.32)
3is hereby appropriated from the various funds specified in
4subdivision (b) to the Executive Officer of the California Victim
5Compensation and Government Claims Board for the payment of
6claims accepted by the board in accordance with the schedule set
7forth in subdivision (b).

8(b) Pursuant to subdivision (a), claims accepted by the California
9Victim Compensation and Government Claims Board shall be paid
10in accordance with the following schedule:


11

 

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

Total for Fund: Item 2660-001-0042

Budget Act of 2016, Program 1835010   $47.31

Total for Fund: Item 2740-001-0044

Budget Act of 2016, Program 2130   $966.22

Total for Fund: Item 4260-101-0001

Budget Act of 2016, Program 3960022   $2,028.06

Total for Fund: Item 5180-111-0001

Budget Act of 2016, Program 4275010   $15,567.57

Total for Fund: Item 7100-001-0185

Budget Act of 2016, Program 5930   $22,537.91

P2   23

 

24

SEC. 2.  

Upon the request of the California Victim
25Compensation and Government Claims Board, in a form prescribed
26by the Controller, the Controller shall transfer surcharges and fees
27from the Budget Act items of appropriation identified in
28subdivision (b) of Section 1 of this act to Item 7870-001-0001 of
29Section 2.00 of the Budget Act of 2016. For each Budget Act item
30of appropriation, this amount shall not exceed the cumulative total
31of the per claim filing fee authorized by subdivision (c) of Section
32905.2 of the Government Code and the surcharge authorized by
33subdivision (f) of Section 905.2 of the Government Code. For
34those items in subdivision (b) that do not reflect a Budget Act
35appropriation, the Controller shall transfer an amount not to exceed
P3    1the cumulative total of the per claim filing fee authorized by
2subdivision (c) of Section 905.2 of the Government Code and the
3surcharge authorized by subdivision (f) of Section 905.2 of the
4Government Code. This amount shall be transferred for the support
5of the board reimbursements to Item 7870-001-0001 of Section
62.00 of the Budget Act of 2016. The board shall provide a report
7of the amounts recovered pursuant to this authority to the
8Department of Finance within 90 days of the enactment of this
9act.

10

SEC. 3.  

The sum of five hundred eighty-one thousand six
11hundred dollars ($581,600) is hereby appropriated from the General
12Fund to the Executive Officer of the California Victim
13Compensation and Government Claims Board for the payment of
14the claim of Obie Steven Anthony III, accepted by the board and
15reported to the Legislature pursuant to Section 4904 of the Penal
16Code.

17

SEC. 4.  

The sum of six hundred fifty-three thousand six
18hundred dollars ($653,600) is hereby appropriated from the General
19Fund to the Executive Officer of the California Victim
20Compensation and Government Claims Board for the payment of
21the claim of John Smith, accepted by the board and reported to the
22Legislature pursuant to Section 4904 of the Penal Code.

23

SEC. 5.  

The sum of five hundred sixty-four thousand one
24hundred dollars ($564,100) is hereby appropriated from the General
25Fund to the Executive Officer of the California Victim
26Compensation and Government Claims Board for the payment of
27the claim of Michael Smith, accepted by the board and reported
28to the Legislature pursuant to Section 4904 of the Penal Code.

29

SEC. 6.  

The sum of five hundred twelve thousand six hundred
30dollars ($512,600) is hereby appropriated from the General Fund
31to the Executive Officer of the California Victim Compensation
32and Government Claims Board for the payment of the claim of
33Timothy Gantt, accepted by the board and reported to the
34Legislature pursuant to Section 4904 of the Penal Code.

35

SEC. 7.  

The sum of six hundred fifty-four thousand five
36hundred dollars ($654,500) is hereby appropriated from the General
37Fund to the Executive Officer of the California Victim
38Compensation and Government Claims Board for the payment of
39the claim of Marco Milla, accepted by the board and reported to
40the Legislature pursuant to Section 4904 of the Penal Code.

P4    1

SEC. 8.  

The sum of seven hundred sixty-two thousand four
2hundred forty dollars ($762,440) is hereby appropriated from the
3General Fund to the Executive Officer of the California Victim
4Compensation and Government Claims Board for the payment of
5the claim of Larry Pohlschneider, accepted by the board and
6reported to the Legislature pursuant to Section 4904 of the Penal
7Code.

8begin insert

begin insertSEC. 9.end insert  

end insert

begin insertThe sum of nine hundred thirty-six thousand eight
9hundred eighty dollars ($936,880) is hereby appropriated from
10the General Fund to the Executive Officer of the California Victim
11Compensation and Government Claims Board for the payment of
12the claim of Luther Ed Jones, Jr., accepted by the board and
13reported to the Legislature pursuant to Section 4904 of the Penal
14Code.end insert

15

begin deleteSEC. 9.end delete
16
begin insert SEC. 10.end insert  

This act is an urgency statute necessary for the
17immediate preservation of the public peace, health, or safety within
18the meaning of Article IV of the Constitution and shall go into
19immediate effect. The facts constituting the necessity are:

20In order to pay claims against the state and end hardship to
21claimants as quickly as possible, it is necessary for this act to take
22effect immediately.



O

    97