2007 California Government Code Chapter 4. Presentation Of Claims To State Controller

CA Codes (gov:925-926.19)

925.  As used in this chapter, "board" means the California Victim
Compensation and Government Claims Board.



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.



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 board
for the presentation and audit of claims.



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 board,
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).



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



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



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



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


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 board a notice of appeal.  Upon receipt of such
notice the board shall transmit to the Legislature the rejected
claim, all papers accompanying it, and a statement of the evidence
taken before the board.



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.



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.



926.16.  Notwithstanding any other provision of law, no local
assistance funds shall be used by any state agency to make penalty
payments required under Section 926.15.  All penalties shall be paid
from funds appropriated for state administration or from any other
fund, other than a local assistance fund, which is designated by the
Controller as eligible for use to meet the requirements set forth in
Section 926.15.



926.19.  (a) Unless otherwise provided for by statute, any state
agency that fails to pay a person any undisputed payment or refund
due to that person shall be liable for interest on the undisputed
amount pursuant to this section. The interest shall be paid out of
the agency's funds and shall accrue at a rate equal to the interest
accrued in the Pooled Money Investment Account minus 1 percent over
the term that the payment or refund was held by the agency, beginning
on the 31st day after the agency provides notice to the person that
a payment or refund is owed to that person or after the agency
receives notice from the person that an undisputed payment or refund
is due. The interest shall cease to accrue on the date full payment
or refund is made.
   (b) If the state agency's failure to make payment as required by
this section is the result of a dispute between the state agency and
the person to whom money is owed, interest shall begin to accrue on
the 31st day after the dispute has been settled by mutual agreement,
arbitration, or court decision. A state agency may dispute a payment
or refund if the state agency so notifies the person within 15 days
after the state agency receives notice from the person that the
payment or refund is due.
   (c) If the state agency is not authorized to make a payment or
refund to a person pursuant to this section, that state agency shall
submit the claim to the Controller's office within 15 days of
receiving a claim, or shall be liable for an interest penalty
beginning on the 16th day, which shall be paid out of the state
agency's funds and shall continue to accrue until the claim is
received by the Controller's office. After the claim is forwarded to
the Controller's office, an interest penalty fee shall begin to
accrue on the 16th day after receipt by the Controller's office, and
shall be paid out of the Controller's funds. In any event, the
interest penalty shall cease to accrue on the date full payment is
made to the person.
   (d) (1) If a payment or refund is the joint responsibility of more
than one state agency, not including the Controller's office, and
neither agency is authorized to make a payment or refund, each agency
shall forward the claim to the Controller's office within 15 days of
receipt. Interest shall begin to accrue on the 16th day, pursuant to
subdivision (c). Any accrued interest shall be the responsibility of
the state agency that delays the transmittal of the claim to the
Controller.
   (2) If either of the responsible agencies is authorized to make a
payment or refund directly to the person, each agency shall have 15
days to transmit the claim to the other agency or pay the person.
Interest shall begin to accrue on the 16th day, and shall be the
responsibility of the agency delaying the payment process.
   (e) If a state agency is required by this section to pay penalties
that accumulate in excess of one thousand dollars (,000) in one
fiscal year, the head of the state agency shall submit to the
Legislature, within 60 days following the end of the fiscal year, a
written report on the actions taken to correct the problem, including
recommendations on actions to avoid a recurrence of the problem and
recommendations as to statutory changes, if needed.
   (f) A court shall award court costs and reasonable attorney's fees
to the plaintiff in an action brought pursuant to this section if it
is found that the state agency has violated this section. The costs
and fees shall be paid by the state agency at fault and shall not
become a personal economic liability of any public officer or
employee thereof. In the case of disputed payments or refunds,
nothing in this section shall be construed as precluding a court from
awarding a prevailing party the interest accrued while the dispute
was pending.
   (g) No state agency shall seek additional appropriations to pay
interest that accrues as a result of this section.
   (h) No person shall receive an interest payment pursuant to this
section if it is determined that the person has intentionally
overpaid on a liability solely for the purpose of receiving interest.

   (i) No interest shall accrue during any time period for which
there is no Budget Act in effect, nor on any payment or refund that
is the result of a federally mandated program or that is directly
dependent upon the receipt of federal funds by a state agency.
   (j) This section shall not apply to any of the following:
   (1) Payments, refunds, or credits for income tax purposes.
   (2) Payment of claims for reimbursement for health care services
or mental health services provided under the Medi-Cal program,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
   (3) Any payment made pursuant to a public social service or public
health program to a recipient of benefits under that program.
   (4) Payments made on claims by the California Victim Compensation
and Government Claims Board.
   (5) Payments made by the Commission on State Mandates.
   (6) Payments made by the Department of Personnel Administration
pursuant to Section 19823.