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 $448,458.22 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims allowed by the board. The bill would authorize the Controller, upon request of the board, to transfer specified surcharges and fees on claims filed against the state to a specified item of the Budget Act of 2016. The bill would also require the board to provide a report of the amounts recovered pursuant to these provisions to the Department of Finance.

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

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 $448,458.22 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims allowed by the board. The bill would authorize the Controller, upon request of the board, to transfer specified surcharges and fees on claims filed against the state to a specified item of the Budget Act of 2016. The bill would also require the board to provide a report of the amounts recovered pursuant to these provisions to the Department of Finance.

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

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 $448,458.22 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims allowed by the board. The bill would authorize the Controller, upon request of the board, to transfer specified surcharges and fees on claims filed against the state to a specified item of the Budget Act of 2016. The bill would also require the board to provide a report of the amounts recovered pursuant to these provisions to the Department of Finance.

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

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 declares the intent of the Legislature to appropriate funds would appropriate $448,458.22 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims allowed by the board. The bill would authorize the Controller, upon request of the board, to transfer specified surcharges and fees on claims filed against the state to a specified item of the Budget Act of 2016. The bill would also require the board to provide a report of the amounts recovered pursuant to these provisions to the Department of Finance.

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

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 declares the intent of the Legislature to appropriate funds for the payment of claims allowed by the board.

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

 THIRD READING  

Bill No: AB 1701

Author:

:

Vote:

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:

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.

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, 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: Fiscal Com.: Local:

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.

SUPPORT: (Verified 8/12/16)

None received

OPPOSITION: (Verified 8/12/16)

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:

8/15/16 20:33:17

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1701 (Gonzalez) - State claims

This bill does not meet the criteria for referral to the Suspense File. Pursuant to the Committee’s rules, the Suspense File rule does not apply to this bill as claims are considered valid obligations of the state. Additionally, claims may have time sensitivity.

Bill Summary:

AB 1701, an urgency measure, would appropriate approximately $450,000 from specified funds to the California Victim Compensation and Government Claims Board (board) for the payment of 210 state claims.

Fiscal Impact:

• 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.
  

Background:

The State Board of Control was established in 1945. It was revised and renamed the Victim Compensation and Government Claims Board by Chapter 1016/2000 (AB 2491, Jackson). 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 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 800/2013, 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, 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: (a) the crime was not committed at all, or, if committed, was not committed by the claimant; (b) the claimant did not contribute to the arrest or conviction for the crime; and (c) 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 422/2015, so claims approved by the board prior to January 1, 2016 provide payment of $100 per day of incarceration.

Proposed Law:

This bill, an urgency measure, would appropriate $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 would not appropriate funds related to erroneous convictions.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1701

Author:(Gonzalez)

As Amended Ver:June 27, 2016

2/3 vote. Urgency

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

FISCAL EFFECT: General Fund (GF) 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 (GF/special funds). All of these claims are for reissuance of stale-dated warrants (expired checks) that range from $21.84 to $60,701.61.

COMMENTS:

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) Chapter 1016, 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. The majority of warrants are payroll or tax refund checks.

This bill, an urgency measure, appropriates $448,458.22 from various state funds, including $408,878.43 directly from the General Fund, to the board for the payment of 208 state claims for reissuance of stale-dated warrants. This bill includes reimbursements for two Board of Equalization employees, one for travel expenses, the other for overpayment of dental premiums.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081 FN: 0003766

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1701

Author:(Gonzalez) – As Amended Ver:June 27, 2016

Urgency: Yes State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill, an urgency measure, appropriates approximately $450,000 from specified funds to the California Victim Compensation and Government Claims Board (board) for the payment of 210 state claims.

FISCAL EFFECT:

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 (GF/special funds). All of these claims are for reissuance of stale-dated warrants (expired checks) that range from $21.84 to $60,701.61.

COMMENTS:

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, Chapter 1016, 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. The majority of warrants are payroll or tax refund checks.

This bill, an urgency measure, appropriates $448,458.22 from various state funds, including $408,878.43 directly from the General Fund, to the board for the payment of 208 state claims for reissuance of stale-dated warrants. This bill includes reimbursements for two Board of Equalization employees, one for travel expenses the other for overpayment of dental premiums.

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081