BILL NUMBER: AB 1157 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Nielsen
FEBRUARY 18, 2011
An act to amend Section 11006 of the Government Code,
relating to state agencies. An act to amend Section
965 of the Government Code, relating to public entity liability.
LEGISLATIVE COUNSEL'S DIGEST
AB 1157, as amended, Nielsen. State agencies.
Public entity liability: payment of claims.
The Tort Claims Act provides for the liability and immunity of a
governmental entity for its acts or omissions that cause harm to
persons. Existing law provides that any claim for money or damages
against the state is required to be presented to the California
Victim Compensation and Government Claims Board within a specified
period of time. Existing law requires the board, upon allowing a
claim for which the Director of Finance certifies that a sufficient
appropriation for the payment of the claim exists, to designate the
fund from which the claim is to be paid.
This bill would require the board to provide notice to the
chairpersons of the committees in each house of the Legislature that
consider appropriations and the annual Budget Act, and the
Chairperson of the Joint Legislative Budget Committee, within a
specified period of time prior to allowing either the use of a
current year appropriation to pay claims for prior year costs of
$500,000 or more, or claims from a single provider of goods or
services with respect to a single department that exceed $500,000
within one year.
Existing law provides that a state agency that requires
fingerprinting for any non-law-enforcement purpose shall not require
the use of specified live scan fingerprinting service providers
certified by the Department of Justice to roll fingerprint
impressions.
This bill would make a technical, nonsubstantive change to this
law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 965 of the
Government Code is amended to read:
965. (a) Upon the allowance by the California Victim
Compensation and Government Claims Board of all or part of a claim
for which the Director of Finance certifies that a sufficient
appropriation for the payment of the claim exists, and the execution
and presentation of documents the board may require which discharge
the state of all liability under the claim, the board shall designate
the fund from which the claim is to be paid and the state agency
concerned shall pay the claim from that fund. The board shall
provide notice to the chairpersons of the committees in each house of
the Legislature that consider appropriations and the annual Budget
Act, and the Chairperson of the Joint Legislative Budget
Committee, at least 15 days, or a shorter period as the chairperson
of the joint committee, or his or her designee, may in each instance
require, prior to allowing either the use of a current year
appropriation to pay claims for prior year costs of five hundred
thousand dollars ($500,000) or more, or claims from a single provider
of goods or services with respect to a single department that
exceeds five hundred thousand dollars ($500,000) within one year.
If there is no sufficient appropriation for the payment
available, the board shall report to the Legislature in accordance
with Section 912.8. Claims arising out of the activities of the State
Department of Transportation may be paid if either the Director of
Transportation or the Director of Finance certifies that a sufficient
appropriation for the payment of the claim exists.
(b) Notwithstanding subdivision (a), if there is no sufficient
appropriation for the payment of claims, settlements, or judgments
against the state arising from an action in which the state is
represented by the Attorney General, the Attorney General shall
report the claims, settlements, and judgments to the Chairperson of
either the Senate Committee on Appropriations or the Assembly
Committee on Budget, who shall cause to be introduced legislation
appropriating funds for the payment of the claims, settlements, or
judgments.
(c) Notwithstanding subdivision (a) or (b), claims, settlements,
or judgments arising out of the activities of a judicial branch
entity, as defined by Sections 900.3 and 940.3, or a judge thereof
may be paid if the Judicial Council authorizes payment and the
Administrative Director of the Courts certifies that sufficient funds
for that payment exist from funds allocated to settlement,
adjustment, and compromise of actions and claims. If sufficient funds
for payment of settlements or judgments do not exist, the
Administrative Director of the Courts shall report the settlements
and judgments to the Chairperson of either the Senate Committee on
Appropriations or the Assembly Committee on Budget, who shall cause
to be introduced legislation appropriating funds for the payment of
the settlements or judgments. If sufficient funds for payment of
claims do not exist, the Administrative Director of the Courts shall
report the claims to the Victim Compensation and Government Claims
Board, which shall have 90 days to object to payment. The
Administrative Director of the Courts shall confer with the
chairperson of the Victim Compensation and Government Claims Board
regarding any objection received during the 90-day period. If the
Victim Compensation and Government Claims Board withdraws the
objection, or if no objection was received, the Administrative
Director of the Courts shall report the claims to the Chairperson of
either the Senate Committee on Appropriations or the Assembly
Committee on the Budget, who shall cause to be introduced legislation
appropriating funds for the payment of the claims. The Judicial
Council may authorize any committee of the Judicial Council or any
employee of the Administrative Office of the Courts to perform the
functions of the Judicial Council under this section. The
Administrative Director of the Courts may designate an executive
staff member of the Administrative Office of the Courts to perform
the functions of the Administrative Director of the Courts under this
section.
SECTION 1. Section 11006 of the Government Code
is amended to read:
11006. (a) Notwithstanding any other law, a state agency that
requires fingerprinting for any non-law-enforcement purpose shall not
require the use of specified live scan fingerprinting service
providers certified by the Department of Justice to roll fingerprint
impressions, as provided for under Section 11102.1 of the Penal Code.
(b) A state agency may identify on its Web site a list of live
scan fingerprinting service providers certified by the Department of
Justice. If a state agency does identify on its Web site a list of
live scan fingerprinting service providers certified by the
Department of Justice, then it shall provide a link to the Department
of Justice's Web site that lists all certified live scan
fingerprinting service providers.