BILL NUMBER: AB 93 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2009
PASSED THE ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member De Leon
JANUARY 6, 2009
An act relating to the payment of claims against the state, making
an appropriation therefor, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 93, De Leon. Claims against the state: appropriation.
Current law authorizes a procedure for the state to pay claims
against the state.
This bill would appropriate, to the Department of Justice, from
the General Fund, a total of $11,402,373.95 to pay specific
settlements and judgments. The bill would provide that any
appropriated funds in excess of the amount required to pay those
claims would revert to the General Fund.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The sum of two hundred forty-five thousand three
hundred seventy-three dollars and ninety-five cents ($245,373.95) is
hereby appropriated from the General Fund to the Department of
Justice to pay the settlement costs and fees in the In re Marriage
Cases, San Francisco Superior Court, Judicial Council Coordination
Proceeding No. 4365. Any funds appropriated in excess of the amount
required for the payment of the claims arising from this litigation
shall revert to the General Fund.
SEC. 2. The sum of nine hundred ninety thousand dollars ($990,000)
is hereby appropriated from the General Fund to the Department of
Justice to pay for the fee and expenses award in League of United
Latin American Citizens (LULAC) v. Wilson, United States District
Court Case No. 94-7569 MRP. Any funds appropriated in excess of the
amount required for the payment of this claim shall revert to the
General Fund.
SEC. 3. The sum of eight million five hundred thousand dollars
($8,500,000) is hereby appropriated from the General Fund to the
Department of Justice to pay the judgment in Bank of America v. State
of California, San Francisco Superior Court Case No. 401775. Any
funds appropriated in excess of the amount required for the payment
of this claim shall revert to the General Fund.
SEC. 4. The sum of ninety-six thousand dollars ($96,000) is hereby
appropriated from the General Fund to the Department of Justice to
pay a settlement of legal fees in Video Software Dealers Association
v. Schwarzenegger, Ninth Circuit Court of Appeals Case No. 07-16620.
Any funds appropriated in excess of the amount required for the
payment of this claim shall revert to the General Fund.
SEC. 5. The sum of nine hundred ninety-six thousand dollars
($996,000) is hereby appropriated from the General Fund to the
Department of Justice to pay a settlement in Whyte v. California
Department of Justice, Kern County Superior Court Case No.
S-1500-CV-244826. Any funds appropriated in excess of the amount
required for the payment of this claim shall revert to the General
Fund.
SEC. 6. The sum of five hundred seventy-five thousand dollars
($575,000) is hereby appropriated from the General Fund to the
Department of Justice to pay a settlement in California Pro-Life
Council, Inc. v. Randolph, Ninth Circuit Court of Appeals Case Nos.
08-17359 and 08-17473. Any funds appropriated in excess of the amount
required for the payment of this claim shall revert to the General
Fund.
SEC. 7. 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.
SEC. 8. 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.