reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 2 - Manner of Presentation and of Giving Notice › Section 915.2.

915.2. (a) If a claim, amendment to a claim, or application to a public entity for leave to present a late claim is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim, amendment, application, or notice shall be mailed in the manner prescribed in this section. The claim, amendment, application, or notice shall be deposited in the United States post office, a mailbox, sub-post office, substation, mail chute, or other similar facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with postage paid. The claim, amendment, application, or notice shall be deemed to have been presented and received at the time of the deposit.
(b) Any period of notice and any duty to respond after receipt of service of a claim, amendment, application, or notice is extended 5 days upon service by mail, if the place of address is within the State of California, 10 days if the place of address is within the United States, and 20 days if the place of address is outside the United States. This subdivision shall not apply to the written notice set forth in Section 945.6 or the filing of a complaint after denial of a claim.
(c) As applied to this section, proof of mailing may be made in the manner prescribed by Section 1013a of the Code of Civil Procedure.
(d) If a claim, amendment to a claim, or application to a public entity for leave to present a late claim is submitted electronically, or if any notice under this chapter is given electronically, proof of electronic service may be made in a manner prescribed by Section 1013b of the Code of Civil Procedure, and proof of electronic service may be signed as provided in subparagraph (B) of paragraph (2) of subdivision (e) of Section 1010.6 of the Code of Civil Procedure.
(Amended by Stats. 2022, Ch. 215, Sec. 4. (AB 2961) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 2 - Manner of Presentation and of Giving Notice › Section 915.4.

915.4. (a) The notices provided for in Sections 910.8, 911.8, and 913 shall be given by any of the following methods:
(1) Personally delivering the notice to the person presenting the claim or making the application.
(2) Mailing the notice to the address, if any, stated in the claim or application as the address to which the person presenting the claim or making the application desires notices to be sent or, if no such address is stated in the claim or application, by mailing the notice to the address, if any, of the claimant as stated in the claim or application.
(3) If the claim or application is submitted electronically, by sending the notice to the electronic address from which the claim or application was received unless the person presenting the claim or making the application requests notice to be sent to an alternative electronic address.
(b) No notice need be given where the claim or application fails to state either an address to which the person presenting the claim or making the application desires notices to be sent or an address of the claimant.
(Amended by Stats. 2020, Ch. 371, Sec. 9. (SB 1473) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 3 - Proceedings to Determine Constitutionality of Claims Against the State › Section 920.

920. As used in this chapter, “omnibus claim appropriation” means an act of appropriation, or an item of appropriation in a budget act, by which the Legislature appropriates a lump sum to pay the claim of the Department of General Services or its secretary against the state in an amount that the Legislature has determined is properly chargeable to the state.
(Amended by Stats. 2016, Ch. 31, Sec. 41. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 3 - Proceedings to Determine Constitutionality of Claims Against the State › Section 920.2.

920.2. Promptly following the effective date of an omnibus claim appropriation, the board or its secretary shall submit to the Controller a claim covering the full amount of the appropriation made in the omnibus claim appropriation. Any such claim is exempt from the provisions of Chapter 4 (commencing with Section 925) of this part, and the board shall have those powers necessary to administer and disburse the omnibus claim appropriation.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 3 - Proceedings to Determine Constitutionality of Claims Against the State › Section 920.4.

920.4. If the Controller believes or has reason to believe that the payment of any portion of the omnibus claim appropriation may violate the provisions of the Constitution, he shall withhold payment of the questioned portion and shall issue his warrant for the remainder of the appropriation. The secretary, subject to the board’s approval, shall promptly disburse the undisputed portion of the omnibus claim appropriation and shall promptly give notice to the Joint Legislative Budget Committee of the Controller’s action concerning the withheld portion.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 3 - Proceedings to Determine Constitutionality of Claims Against the State › Section 920.6.

920.6. Unless the Joint Legislative Budget Committee within 60 days after receipt of such notice advises the board in writing that the Legislature desires to reconsider any part of the withheld portion, the board shall institute proceedings to compel the Controller to issue his warrant for the balance of the omnibus claim appropriation. The board shall prosecute any such proceeding to final determination and shall disburse the funds finally paid over to it. Funds subject to such proceedings shall continue to be available until the end of the fiscal year in which final determination of the proceeding occurs.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 3 - Proceedings to Determine Constitutionality of Claims Against the State › Section 920.8.

920.8. If the Joint Legislative Budget Committee advises the board that the Legislature desires to reconsider any part of the omnibus claim appropriation withheld by the Controller, no further action shall be taken with respect to that part and the money appropriated therefor shall revert to funds from which they were appropriated, pending further legislative action. The board, however, shall institute proceedings as provided in Section 920.6 to compel payment of the remainder of the omnibus claim appropriation withheld by the Controller.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 925.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 925.2.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 925.4.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 925.6.

925.6. (a)  Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.
(b) Notwithstanding 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 (Division 10 (commencing with Section 7920.000) of Title 1).
(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.
(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.
(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law.
(Amended by Stats. 2022, Ch. 28, Sec. 51. (SB 1380) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 925.8.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 926.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 926.2.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 926.4.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 926.6.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 926.8.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4 - Presentation of Claims to State Controller › Section 926.10.

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.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.

927. (a) This chapter shall be known and may be cited as the California Prompt Payment Act.
(b) It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter.
(c) Notwithstanding any other provision of law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services.
(Amended by Stats. 2010, Ch. 719, Sec. 13. (SB 856) Effective October 19, 2010.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.1.

927.1. (a) (1) A state agency that acquires property or services pursuant to a contract with a business, including any approved change order or contract amendment, shall make payment to the person or business on the date required by the contract and as required by Section 927.4 or be subject to a late payment penalty.
(2) A state agency that awards a grant, as defined in subdivision (b) of Section 927.2, shall make payment to the person or business that is the recipient of the grant on the date required by the grant and as required by Section 927.4 or be subject to a late payment penalty.
(b) Except in the event of an emergency as provided in Section 927.11, effective January 1, 1999, the late payment penalties specified in this chapter may not be waived, altered, or limited by either of the following:
(1) A state agency acquiring property or services pursuant to a contract or that awards a grant.
(2) Any person or business contracting with a state agency to provide property or services or that is the recipient of a grant.
(Amended by Stats. 2006, Ch. 861, Sec. 1. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.3.

927.3. (a) Except where payment is made directly by a state agency pursuant to Section 927.6, an undisputed invoice received by a state agency shall be submitted to the Controller for payment by the required payment approval date. A state agency may dispute an invoice submitted by a claimant for reasonable cause if the state agency notifies the claimant within 15 working days from receipt of the invoice, or delivery of property or services, whichever is later. No state employee shall dispute an invoice, on the basis of minor or technical defects, in order to circumvent or avoid the general intent or any of the specific provisions of this chapter.
(b) Except where payment is made directly by a state agency pursuant to Section 927.13, a notice of refund or other payment due received by a state agency shall be submitted to the Controller within 30 calendar days of the agency’s receipt of the notice. A state agency may dispute a refund request for reasonable cause if the state agency notifies the claimant within 15 working days after the state agency receives notice from the individual that the refund is due.
(Amended by Stats. 2010, Ch. 719, Sec. 15. (SB 856) Effective October 19, 2010.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.4.

927.4. Except as otherwise provided in this chapter, to avoid late payment penalties, the maximum time from state agency receipt of an undisputed invoice to the date of payment is 45 calendar days. If payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice, late payment penalties shall be paid to the claimant in accordance with Sections 927.6 and 927.7.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 23, Sec. 5. Effective July 28, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.5.

927.5. This chapter shall not apply to claims for reimbursement for health care services provided under the Medi-Cal program, unless the Medi-Cal health care services provider is a small business or nonprofit organization. In applying this section to claims submitted to the state, or its fiscal intermediary, by providers of services or equipment under the Medi-Cal program, payment for claims shall be due 30 days after a claim is received by the state or its fiscal intermediary, unless reasonable cause for nonpayment exists. With regard to Medi-Cal claims, reasonable cause shall include review of claims to determine medical necessity, review of claims for providers subject to special prepayment fraud and abuse controls, and claims that require review by the fiscal intermediary or State Department of Health Care Services due to special circumstances. Claims requiring special review as specified above shall not be eligible for a late payment penalty.
(Amended by Stats. 2010, Ch. 719, Sec. 16. (SB 856) Effective October 19, 2010.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.6.

927.6. (a) State agencies shall pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. The penalty shall cease to accrue on the date the state agency submits the claim to the Controller for payment or pays the claimant directly, and shall be paid for out of the state agency’s support appropriation. If the claimant is a resource conservation district, certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the state agency shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year. However, a nonprofit organization shall only be eligible to receive a penalty payment if it has been awarded a contract or grant in an amount less than five hundred thousand dollars ($500,000). If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency.
(b) For all other businesses, the state agency shall pay a penalty at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by the required payment approval date by paying the claimant directly from the state agency’s revolving fund within 45 calendar days following the date upon which an undisputed invoice is received by the state agency.
(Amended by Stats. 2022, Ch. 455, Sec. 2. (AB 1776) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.7.

927.7. (a) The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. Penalties shall cease to accrue on the date full payment is made, and shall be paid for out of the Controller’s funds. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the Controller shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year, from the 16th calendar day following receipt of the claim from the state agency. However, a nonprofit organization shall only be eligible to receive a penalty payment if it has been awarded a contract or grant in an amount less than five hundred thousand dollars ($500,000). If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. For all other businesses, the Controller shall pay penalties at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the Controller.
(b) The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within 15 calendar days and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice.
(Amended by Stats. 2022, Ch. 455, Sec. 3. (AB 1776) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.8.

927.8. State agencies shall avoid seeking any additional appropriation to pay penalties that accrue as a result of the agency’s failure to make timely payments as required by this chapter. Any state agency that requests that the Legislature make a deficiency appropriation for the agency shall identify what portion, if any, of the requested amount is required because of any penalties imposed by this chapter.
(Added by Stats. 1998, Ch. 916, Sec. 5. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.9.

927.9. (a) Except as provided in subdivision (c), on an annual basis, within 90 calendar days following the end of each fiscal year, state agencies shall provide the Director of General Services with a report on late payment penalties that were paid by the state agency in accordance with this chapter during the preceding fiscal year.
(b) The report shall separately identify the total number and dollar amount of late payment penalties paid to small businesses, other businesses, and refunds or other payments to individuals. State agencies may, at their own initiative, provide the director with other relevant performance measures. The director shall prepare a report separately listing the number and total dollar amount of all late payment penalties paid to small businesses, other businesses, and refunds and other payments to individuals by each state agency during the preceding fiscal year, together with other relevant performance measures, and shall make the information available to the public.
(c) The reporting requirements of subdivisions (a) and (b) are not applicable to the Department of Forestry and Fire Protection.
(Amended by Stats. 2013, Ch. 356, Sec. 4. (SB 96) Effective September 26, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.10.

927.10. State agencies shall encourage claimants to promptly pay their subcontractors and suppliers, especially those that are small businesses. In furtherance of this policy, state agencies shall utilize expedited payment processes to enable faster payment by prime contractors to their subcontractors and suppliers, and shall promptly respond to any subcontractor or supplier inquiries regarding the status of payments made to prime contractors.
(Amended by Stats. 2006, Ch. 861, Sec. 6. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.11.

927.11. (a) Except in the case of a contract with a resource conservation district, a certified small business, a nonprofit organization, or a nonprofit public benefit corporation, if an invoice from a business under a contract with the Department of Forestry and Fire Protection would become subject to late payment penalties during the annually declared fire season, as declared by the Director of Forestry and Fire Protection, then the required payment approval date shall be extended by 30 calendar days.
(b) No nonprofit public benefit corporation shall be eligible for a late payment penalty if a state agency fails to make timely payment because no Budget Act has been enacted.
(c) (1) If the Director of Finance determines that a state agency or the Controller is unable to promptly pay an invoice as provided for by this chapter due to a major calamity, disaster, or criminal act, then otherwise applicable late payment penalty provisions contained in Sections 927.6 and 927.7 shall be suspended, except as they apply to a claimant that is any of the following:
(A) A resource conservation district.
(B) A certified small business.
(C) A nonprofit organization.
(D) A nonprofit public benefit corporation.
(E) A small business or nonprofit organization that provides services or equipment under the Medi-Cal program.
(2) A suspension pursuant to this subdivision shall remain in effect until the Director of Finance determines that the suspended late payment penalty provisions should be reinstated.
(d) Except as provided in subdivision (b), in the event a state agency fails to make timely payment because no Budget Act has been enacted, penalties shall continue to accrue until the time that the invoice is paid.
(Amended by Stats. 2022, Ch. 455, Sec. 4. (AB 1776) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 4.5 - Prompt Payment of Claims › Section 927.12.

927.12. Section 926.10 shall not apply to any contract covered by this chapter.
(Added by Stats. 1998, Ch. 916, Sec. 5. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 5 - Claims Procedures Established by Agreement › Section 930.

930. (a) Any state agency may include in any written agreement to which the agency is a party, provisions governing the following:
(1) The presentation, by or on behalf of any party thereto, of any or all claims that are required to be presented to the board arising out of or related to the agreement.
(2) The consideration and payment of the claims described in paragraph (1).
(b) As used in this section, “state agency” means any office, officer, department, division, bureau, board, commission or agency of the state, claims against which are paid by warrants drawn by the Controller.
(Amended by Stats. 1994, Ch. 726, Sec. 3. Effective September 22, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 5 - Claims Procedures Established by Agreement › Section 930.2.

930.2. The governing body of a local public entity may include in any written agreement to which the entity, its governing body, or any board or employee thereof in an official capacity is a party, provisions governing the presentation, by or on behalf of any party thereto, of any or all claims arising out of or related to the agreement and the consideration and payment of such claims. The written agreement may incorporate by reference claim provisions set forth in a specifically identified ordinance or resolution theretofore adopted by the governing body.
(Amended by Stats. 1965, Ch. 653.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 5 - Claims Procedures Established by Agreement › Section 930.4.

930.4. A claims procedure established by agreement made pursuant to Section 930 or Section 930.2 exclusively governs the claims to which it relates, except that if the procedure so prescribed requires a claim to be presented within a period of less than one year after the accrual of the cause of action and such claim is not presented within the required time, an application may be made to the public entity for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.2, inclusive, and Section 946.6 are applicable to all such claims, and the time specified in the agreement shall be deemed the “time specified in Section 911.2” within the meaning of Sections 911.6 and 946.6.
(Added by Stats. 1965, Ch. 653.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 5 - Claims Procedures Established by Agreement › Section 930.6.

930.6. A claims procedure established by agreement made pursuant to Section 930 or Section 930.2 may include a requirement that a claim be presented and acted upon as a prerequisite to suit thereon. If such requirement is included, any action brought against the public entity on the claim shall be subject to the provisions of Section 945.6 and Section 946.
(Added by Stats. 1965, Ch. 653.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.

935. (a) Claims against a local public entity for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedure prescribed in any charter, ordinance, or regulation adopted by the local public entity.
(b) The procedure so prescribed may include a requirement that a claim be presented and acted upon as a prerequisite to suit thereon. If such a requirement is included, any action brought against the public entity on the claim shall be subject to Sections 945.6 and 946.
(c) The procedure so prescribed shall not require a shorter time for presentation of any claim than the time provided in Section 911.2.
(d) The procedure so prescribed shall not provide a longer time for the board to take action upon any claim than the time provided in Section 912.4.
(e) When a claim required by the procedure to be presented within a period of less than one year after the accrual of the cause of action is not presented within the required time, an application may be made to the public entity for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.2, inclusive, and Sections 946.4 and 946.6 are applicable to all such claims, and the time specified in the charter, ordinance, or regulation shall be deemed the “time specified in Section 911.2” within the meaning of Sections 911.6 and 946.6.
(f) Any procedure authorized to be prescribed by this section does not apply to claims of childhood sexual abuse made as described in subdivision (m) of Section 905. This subdivision is declaratory of existing law.
(Amended by Stats. 2018, Ch. 153, Sec. 1. (SB 1053) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.2.

935.2. A charter provision, or a local public entity by ordinance or resolution, may establish a claims board or commission of not less than three members to perform such functions of the governing body of the public entity under this part as are prescribed by the local public entity. A charter provision, ordinance or resolution may provide that, upon the written order of the claims board or commission, the auditor or other fiscal officer of the local public entity shall cause a warrant to be drawn upon the treasury of the local public entity in the amount for which a claim has been allowed or compromised or settled.
(Amended by Stats. 1965, Ch. 653.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.4.

935.4. A charter provision, or a local public entity by ordinance or resolution, may authorize an employee of the local public entity to perform those functions of the governing body of the public entity under this part that are prescribed by the local public entity, but only a charter provision may authorize that employee to allow, compromise, or settle a claim against the local public entity if the amount to be paid pursuant to the allowance, compromise or settlement exceeds fifty thousand dollars ($50,000). A charter provision, ordinance, or resolution may provide that, upon the written order of that employee, the auditor or other fiscal officer of the local public entity shall cause a warrant to be issued upon the treasury of the local public entity in the amount for which a claim has been allowed, compromised, or settled.
(Amended by Stats. 1989, Ch. 159, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.6.

935.6. (a) The Department of General Services may authorize any state agency to settle and pay claims filed pursuant to Section 905.2 if the settlement does not exceed one thousand dollars ($1,000) or a lesser amount as the department may determine, or to reject the claim and provide the notice required by Section 913. The department may require state agencies that it so authorizes to report annually to the department concerning the claims resolved pursuant to this section.
(b) As used in this section, “state agency” means any office, officer, department, division, bureau, board, commission, or agency of the state, claims against which are paid by warrants drawn by the Controller, but does not mean any judicial branch entity, as defined in Section 900.3, or any judge thereof.
(Amended by Stats. 2016, Ch. 31, Sec. 50. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.7.

935.7. (a) Notwithstanding Section 935.6, the Department of Transportation may deny or adjust and pay any claim arising out of the activities of the department without the prior approval of the Department of General Services if both of the following conditions exist:
(1) The amount claimed is equal to or less than the amount specified as the small claims court jurisdictional amount in Section 116.221 of the Code of Civil Procedure.
(2) The Director of Finance or the Director of Transportation certifies that a sufficient appropriation for the payment of the claim exists.
(b) If the department elects not to pay any claim, the department shall provide the notice required by Section 913.
(c) Any person who submits any claim arising out of any activity of the Department of Transportation shall comply with every other applicable provision of this part relating to claims against state agencies.
(Amended by Stats. 2016, Ch. 31, Sec. 51. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.8.

935.8. The Judicial Council may adjust and pay any claim arising out of the activities of a judicial branch entity or judge thereof. The Judicial Council may adopt rules of court authorizing any committee of the Judicial Council or employee of the Administrative Office of the Courts to perform the functions of the Judicial Council under this section.
(Added by Stats. 2002, Ch. 1007, Sec. 9. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 6 - Claims Procedures Established by Public Entities › Section 935.9.

935.9. The Trustees of the California State University may adjust and pay any claim arising out of the activities of the California State University. The Trustees of the California State University may, by rule, authorize the Office of Risk Management at the Office of the Chancellor of the California State University to perform the functions of the Trustees of the California State University under this section.
(Amended by Stats. 2011, Ch. 296, Sec. 112. (AB 1023) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 940.

940. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 940.2.

940.2. “Board” means:
(a) In the case of a local public entity, the governing body of the local public entity.
(b) In the case of the state, except as provided by subdivisions (c) and (d), the Department of General Services.
(c) In the case of a judicial branch entity or a judge thereof, the Judicial Council.
(d) In the case of the California State University, the Trustees of the California State University.
(Amended by Stats. 2016, Ch. 31, Sec. 52. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 940.3.

940.3. A “judicial branch entity” is a public entity and means any superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative Office of the Courts.
(Added by Stats. 2002, Ch. 1007, Sec. 11. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 940.4.

940.4. “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State, but does not include the State.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 940.6.

940.6. “State” means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against which are paid by warrants drawn by the Controller.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Construction › Section 942.

942. Nothing in this division shall be construed to deprive a claimant of the right to resort to writ of mandate or other proceeding against the public entity or the board or any employee of the public entity to compel payment of a claim when and to the extent that it has been allowed and is required by this division to be paid.
(Amended by Stats. 1980, Ch. 215.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Construction › Section 943.

943. This part does not apply to claims or actions against the Regents of the University of California nor to claims or actions against an employee or former employee of the Regents of the University of California arising out of such employment.
(Amended by Stats. 1965, Ch. 653.)