California 2013-2014 Regular Session Status: Enacted

AB 748 — Judgments against a public entity: interest.

Last action — Chaptered by Secretary of State - Chapter 424, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that a person who is entitled to collect certain damages is also entitled to collect interest on the damages from that day, except as specified. Existing law provides that this requirement applies to the collection of interest from a public entity. Existing law prohibits, in an action to recover damages for a personal injury resulting from or occasioned by the tort of another, a public entity and a public employee whose action or condition was within the scope of employment from being liable for interest. The California Constitution requires the Legislature to set the rate of interest upon a judgment rendered in any court of this state at not more than 10% per annum. In the absence of the setting of such a rate by the Legislature, the California Constitution provides that the rate of interest on any judgment rendered in a court is 7% per annum. This bill would require, unless another provision of law provides a different interest rate, interest to accrue in a tax or fee claim against a public entity that results in a judgment against the public entity at a rate equal to the weekly average one year constant maturity United States Treasury yield, not to exceed 7% per annum. The bill would also provide that, when a tax or fee judgment against a local public entity or against the state or a state agency, except for a claim approved by the California Victim Compensation Government Claims Board, becomes enforceable pursuant to specified statutes also proposed to be amended in this bill, interest accrues at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2%, but not to exceed 7% per annum.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 424, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1. Page 3111.).

  5. Assembly Rule 63 suspended. (Ayes 53. Noes 25. Page 3064.)

  6. Assembly Rule 77 suspended. (Ayes 53. Noes 25. Page 3064.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2231.).

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time and amended. Ordered to third reading.

  12. From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 19).

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 2).

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  17. Referred to Com. on JUD.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 14. Page 1784.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 12. Noes 5.) (May 15).

  22. Re-referred to Com. on APPR.

  23. Measure version as amended on May 6 corrected.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 30).

  26. In committee: Hearing postponed by committee.

  27. Referred to Com. on JUD.

  28. From printer. May be heard in committee March 24.

  29. Read first time. To print.

Sponsors

  • Eggman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Eggman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 748 EGGMAN Concurrence in Senate Amendments

Passed 76 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69101
Democratic 4000
Republican 3000
Total 76101
% of votes cast 97%1%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Yea
Nazarian — Yea
Nestande — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Waldron — Yea
Williams — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Harkey — Yea
Allen — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Bonilla — Yea
Linder — Yea
Medina — Yea
Alejo — Yea
Bigelow — Yea
Daly — Yea
Eggman — Yea
Melendez — Yea
Olsen — Yea
Weber — Yea
Wilk — Yea
Gatto — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Maienschein — Yea
Mansoor — Not Voting
Morrell — Yea
Mullin — Yea
Campos — Yea
Chau — Yea
Perea — Yea
Ting — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Wagner — Yea
Wieckowski — Yea
Fox — Yea
Yamada — Yea
Gorell — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB748 Eggman By Leno

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Knight — Yea
Wolk — Yea
Emmerson — Yea
Evans — Yea
Wright — Yea
Fuller — Yea
Wyland — Yea
Galgiani — Yea
Hancock — Yea
De León — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Cannella — Yea
Beall — Yea
Corbett — Yea
Correa — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Yea
Walters — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Steinberg — Yea
Walters — Yea
De León — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 748 EGGMAN Assembly Third Reading

Passed 64 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 571001
Democratic 6100
Republican 1300
Total 641401
% of votes cast 81%18%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Nay
Mansoor — Nay
Olsen — Yea
Perea — Yea
Rendon — Yea
Wieckowski — Yea
Gorell — Yea
Stone — Yea
Lowenthal — Yea
Daly — Yea
Skinner — Yea
Waldron — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gonzalez — Yea
Hagman — Nay
Harkey — Nay
Bocanegra — Yea
Holden — Not Voting
John A. Pérez — Yea
Levine — Yea
Salas — Yea
Logue — Nay
Maienschein — Yea
Chesbro — Yea
Medina — Yea
Melendez — Nay
Morrell — Nay
Chávez — Yea
Mullin — Yea
Ammiano — Yea
Bigelow — Nay
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Nazarian — Yea
Nestande — Yea
Pan — Yea
Quirk — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Quirk — Yea
Weber — Yea
Campos — Yea
Bocanegra — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Donnelly — Nay
Bigelow — Nay
Eggman — Yea
Pan — Yea
Rendon — Yea
Wagner — Nay
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does AB 748 do?
Existing law provides that a person who is entitled to collect certain damages is also entitled to collect interest on the damages from that day, except as specified. Existing law provides that this requirement applies to the collection of interest from a public entity. Existing law prohibits, in an action to recover damages for a personal injury resulting from or occasioned by the tort of another, a public entity and a public employee whose action or condition was within the scope of employment from being liable for interest. The California Constitution requires the Legislature to set the rate of interest upon a judgment rendered in any court of this state at not more than 10% per annum. In the absence of the setting of such a rate by the Legislature, the California Constitution provides that the rate of interest on any judgment rendered in a court is 7% per annum. This bill would require, unless another provision of law provides a different interest rate, interest to accrue in a tax or fee claim against a public entity that results in a judgment against the public entity at a rate equal to the weekly average one year constant maturity United States Treasury yield, not to exceed 7% per annum. The bill would also provide that, when a tax or fee judgment against a local public entity or against the state or a state agency, except for a claim approved by the California Victim Compensation Government Claims Board, becomes enforceable pursuant to specified statutes also proposed to be amended in this bill, interest accrues at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2%, but not to exceed 7% per annum.
Who sponsors AB 748?
AB 748 is sponsored by Eggman.
What is the current status of AB 748?
This bill has been enacted into law. Introduced February 21, 2013. Enacted.
Where can I track AB 748?
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Last checked for changes 3 months ago · updated continuously

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