Today's Law As Amended


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AB-1157 Public entity liability: payment of claims.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 965 of the Government Code is amended to read:

965.
 (a) Upon the allowance by the Department of General Services of  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 department board  may require that which  discharge the state of all liability under the claim, the department board  shall designate the fund from which the claim is to be paid, 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 department 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 Chairperson  of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, 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 Chairperson  of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, 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 Department of General Services,  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 Director of General Services  chairperson of the Victim Compensation and Government Claims Board  regarding any objection received during the 90-day period. If the Department of General Services  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 Chairperson  of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations,  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.