Bill Text: CA SB1358 | 2021-2022 | Regular Session | Chaptered

California Senate Bill 1358 (Prior Session Legislation)

Bill Title: State claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-18 - Chaptered by Secretary of State. Chapter 426, Statutes of 2022. [SB1358 Detail]

Download: California-2021-SB1358-Chaptered.html

Senate Bill No. 1358

CHAPTER 426

An act relating to state claims, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 1358, Portantino. State claims.

Under existing law, if sufficient appropriations are not available 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 is required to report the claims, settlements, and judgments to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, who is then required to cause introduction of legislation appropriating the funds necessary for payment of the claims, settlements, or judgments.

This bill would appropriate $3,130,603.13 from the General Fund to the Attorney General for the payment of claims, settlements, or judgments against the state arising from specified actions in which the state was represented by the Attorney General. The bill would require any funds appropriated in excess of the amounts required for the payment of these claims to revert to the General Fund within 45 days after final payment is made.

Existing law requires the Department of General Services to ensure that all claims that have been approved by the department, and for which there exists no legally available appropriation, are submitted for legislative approval at least once each calendar year.

This bill would appropriate $247 to the Department of General Services for payment of claims accepted by the Government Claims Program.

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

Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO

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

SECTION 1.

(a) The sum of three million one hundred thirty thousand six hundred three dollars and thirteen cents (3,130,603.13) is hereby appropriated from the General Fund to the Attorney General to be allocated in accordance with the following schedule:

(1) The sum of two million eight hundred eighty thousand six hundred three dollars and thirteen cents ($2,880,603.13) for the payment of claims, settlements, or judgments against the state arising from Thomas More Law Center v. Bonta (C.D. Cal., March 28, 2022, No. 2:15-cv-03048-CAS).

(2) The sum of two hundred fifty thousand dollars ($250,000) for the payment of claims, settlements, or judgments against the state arising from Institute for Free Speech (fka Center for Competitive Politics) v. Bonta (E.D. Cal., March 31, 2022, No. 2:14-cv-00636-MCE).

(b) Any funds appropriated in excess of the amounts actually required for the payment of these claims shall revert to the General Fund within 45 days after final payment is made.

SEC. 2.

(a) The sum of two hundred forty-seven dollars ($247) is hereby appropriated to the Department of General Services for the payment of claims accepted by the Government Claims Program in accordance with the schedule set forth in subdivision (b).

(b) Pursuant to subdivision (a), claims accepted by the Department of General Services shall be paid in accordance with the following schedule:

Total for Fund: Motor Vehicle Account (0044)	........................ $247.00
Total for Fund: Item 2740-001-0044

SEC. 3.

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 California 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 act go into immediate effect.