Code Section Group

Government Code - GOV

TITLE 1. GENERAL [100 - 7914]

  ( Title 1 enacted by Stats. 1943, Ch. 134. )

DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3]

  ( Division 3.6 added by Stats. 1963, Ch. 1681. )

PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9]

  ( Part 3 added by Stats. 1963, Ch. 1715. )

CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10]
  ( Chapter 4 added by Stats. 1963, Ch. 1715. )

925.
  

As used in this chapter, “department” means the Department of General Services.

(Amended by Stats. 2016, Ch. 31, Sec. 42. (SB 836) Effective June 27, 2016.)

925.2.
  

Claims for expenses of either house of the Legislature or members or committees thereof are exempt from Section 13920 and this chapter, except Section 925.6, and claims for official salaries fixed by statute are exempt from this chapter and Section 13920.

(Amended by Stats. 1989, Ch. 592, Sec. 2.)

925.4.
  

Any person having a claim against the state for which appropriations have been made, or for which state funds are available, may present it to the Controller in the form and manner prescribed by the general rules and regulations adopted by the department for the presentation and audit of claims.

(Amended by Stats. 2016, Ch. 31, Sec. 43. (SB 836) Effective June 27, 2016.)

925.6.
  

(a) The Controller shall not draw his or her warrant for any claim until it has been audited by him or her in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. Whenever the Controller is directed by law to draw his or her warrant for any purpose, the direction is subject to this section.

(b) Notwithstanding the provisions of subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.

(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.

(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).

(Amended by Stats. 2016, Ch. 31, Sec. 44. (SB 836) Effective June 27, 2016.)

925.8.
  

If the Controller approves a claim he shall draw his warrant for the amount approved in favor of the claimant.

(Added by Stats. 1963, Ch. 1715.)

926.
  

If he or she disapproves a claim, the Controller shall file it and a statement of his or her disapproval and his or her reasons with the department as prescribed in the rules and regulations of the department.

(Amended by Stats. 2016, Ch. 31, Sec. 45. (SB 836) Effective June 27, 2016.)

926.2.
  

The Controller shall not entertain for a second time a claim against the state once rejected by him or her or by the Legislature unless such facts are subsequently presented to the department as in suits between individuals that would furnish sufficient ground for granting a new trial.

(Amended by Stats. 2016, Ch. 31, Sec. 46. (SB 836) Effective June 27, 2016.)

926.4.
  

Any person who is aggrieved by the disapproval of a claim by the Controller may appeal to the department. If the department finds that facts are presented justifying such action, the Controller shall reconsider his or her rejection of the claim.

(Amended by Stats. 2016, Ch. 31, Sec. 47. (SB 836) Effective June 27, 2016.)

926.6.
  

After final rejection of a claim by the Controller following reconsideration, any person interested may appeal to the Legislature by filing with the department a notice of appeal. Upon receipt of such notice the department shall transmit to the Legislature the rejected claim, all papers accompanying it, and a statement of the evidence taken before the department.

(Amended by Stats. 2016, Ch. 31, Sec. 48. (SB 836) Effective June 27, 2016.)

926.8.
  

Whenever a governmental agency of the United States, in the collection of taxes or amounts owing to it, is authorized by federal law to levy administratively on credits owing to a debtor, it may avail itself of the provisions of this section and claim credits owing by the State to such debtor, in manner as follows:

It shall file a certification of the facts with the state department, board, office or commission owing the credit to the debtor prior to the time the state agency presents the claims of the debtor therefor to the State Controller or to the State Personnel Board. The state agency in presenting the claim of the debtor shall note thereon the fact of the filing of the certificate and shall also note any amounts owed by the debtor to the State by reason of advances or for any other purpose.

Subject to the provisions of Sections 12419.4 and 12419.5, the State Controller shall issue his warrant payable to the United States Treasurer for the net amount due the debtor, after offsetting for any amounts advanced to the debtor or by him owing to the State, or as much thereof as will satisfy in full the amount owing by the debtor to the United States as so certified; any balance shall be paid to the debtor.

(Added by Stats. 1963, Ch. 1715.)

926.10.
  

Any public entity as defined by Section 811.2 having a liquidated claim against any other public entity based on contract or statute of the State of California, or any person having such a claim against a public agency, shall be entitled to interest commencing the 61st day after such public entity or person files a liquidated claim known or agreed to be valid when filed pursuant to such statute or contract, and such claim is due and payable. Interest shall be 6 percent per annum.

(Added by Stats. 1971, Ch. 1526.)

GOVGovernment Code - GOV