State Codes and Statutes

Statutes > California > Gov > 925-926.10

GOVERNMENT CODE
SECTION 925-926.10



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.


State Codes and Statutes

Statutes > California > Gov > 925-926.10

GOVERNMENT CODE
SECTION 925-926.10



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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 925-926.10

GOVERNMENT CODE
SECTION 925-926.10



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.