Bill Text: CA AB59 | 2013-2014 | Regular Session | Amended
Bill Title: Claims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB59 Detail]
Download: California-2013-AB59-Amended.html
BILL NUMBER: AB 59 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Bonta
JANUARY 7, 2013
An act to amend Section 50079 Sections
905, 935, and 995.2 of the Government Code, relating to
taxation c laims .
LEGISLATIVE COUNSEL'S DIGEST
AB 59, as amended, Bonta. School districts: parcel taxes.
Claims.
Existing law requires that all claims for money or damages against
local public entities be presented in accordance with specified
laws, including, but not limited to, statutes and regulations.
This bill would replace certain terms used to describe the laws
relating to the presentment of claims against local public entities
with the terms enactment and resolution, as specified.
Existing law authorizes any school district to impose qualified
special taxes within the district pursuant to specified procedures.
Existing law defines qualified special taxes as special taxes that
apply uniformly to all taxpayers or all real property within the
school district, as specified.
This bill would specify that the provisions requiring uniform
application of taxes shall not be construed as limiting a school
district from assessing taxes in accordance with rational
classifications among taxpayers or types of property within the
school district. The bill would specify that the provision is
declaratory of existing law. The bill would also express the
Legislature's intent to clarify, and not change, existing law, and to
abrogate the holding in Borikas v. Alameda Unified School District,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 905 of the
Government Code is amended to read:
905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against local public entities
except any of the following:
(a) Claims under the Revenue and Taxation Code or other
statute enactment or resolution prescribing
procedures for the refund, rebate, exemption, cancellation,
amendment, modification, or adjustment of any tax, assessment, fee,
or charge or any portion thereof, or of any penalties, costs, or
charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any law
relating to liens of mechanics, laborers, or materialmen.
(c) Claims by public employees for fees, salaries, wages, mileage,
or other expenses and allowances.
(d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions, or other assistance rendered for or on behalf
of any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including, but not limited to, claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
( l ) Claims governed by the Pedestrian Mall Law of
1960 (Part 1 (commencing with Section 11000) of Division 13 of the
Streets and Highways Code).
(m) Claims made pursuant to Section 340.1 of the Code of Civil
Procedure for the recovery of damages suffered as a result of
childhood sexual abuse. This subdivision shall apply only to claims
arising out of conduct occurring on or after January 1, 2009.
(n) Claims made pursuant to Section 701.820 of the Code of Civil
Procedure for the recovery of money pursuant to Section 26680.
(o) Claims made pursuant to Section 49013 of the Education Code
for reimbursement of pupil fees for participation in educational
activities.
SEC. 2. Section 935 of the Government
Code is amended to read:
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
enactment or resolution 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 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.
(c) The procedure so prescribed may not require a shorter time for
presentation of any claim than the time provided in Section 911.2.
(d) The procedure so prescribed may 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.
SEC. 3. Section 995.2 of the Government
Code is amended to read:
995.2. (a) A public entity may refuse to provide for the defense
of a civil action or proceeding brought against an employee or former
employee if the public entity determines any of the following:
(1) The act or omission was not within the scope of his or her
employment.
(2) He or she acted or failed to act because of actual fraud,
corruption, or actual malice.
(3) The defense of the action or proceeding by the public entity
would create a specific conflict of interest between the public
entity and the employee or former employee. For the purposes of this
section, "specific conflict of interest" means a conflict of interest
or an adverse or pecuniary interest, as specified by
statute or by a rule enactment, resolution, rule,
or regulation of the public entity.
(b) If an employee or former employee requests in writing that the
public entity, through its designated legal counsel, provide for a
defense, the public entity shall, within 20 days, inform the employee
or former employee whether it will or will not provide a defense,
and the reason for the refusal to provide a defense.
(c) If an actual and specific conflict of interest becomes
apparent subsequent to the 20-day period following the employee's
written request for defense, nothing herein shall prevent the public
entity from refusing to provide further defense to the employee. The
public entity shall inform the employee of the reason for the refusal
to provide further defense.
SECTION 1. Section 50079 of the Government
Code, as amended by Section 1 of Chapter 791 of Statutes of 2012, is
amended to read:
50079. (a) Subject to Section 4 of Article XIII A of the
California Constitution, any school district may impose qualified
special taxes within the district pursuant to the procedures
established in Article 3.5 (commencing with Section 50075) and any
other applicable procedures provided by law.
(b) (1) As used in this section, "qualified special taxes" means
special taxes that apply uniformly to all taxpayers or all real
property within the school district, except that "qualified special
taxes" may include taxes that provide for an exemption from those
taxes for all of the following taxpayers:
(A) Persons who are 65 years of age or older.
(B) Persons receiving Supplemental Security Income for a
disability, regardless of age.
(C) Persons receiving Social Security Disability Insurance
benefits, regardless of age, whose yearly income does not exceed 250
percent of the 2012 federal poverty guidelines issued by the United
States Department of Health and Human Services.
(2) "Qualified special taxes" do not include special taxes imposed
on a particular class of property or taxpayers.
(c) The provisions in this section requiring uniform application
of taxes shall not be construed as limiting a school district from
assessing taxes in accordance with rational classifications among
taxpayers or types of property within the school district. This
subdivision is declaratory of existing law, and shall apply to
transactions predating its enactment.
SEC. 2. It is the intent of the Legislature, in
enacting Section 1 of this act, to clarify, and not change, existing
law, by confirming that a school district may assess taxes in
accordance with rational classifications among taxpayers or types of
property, and nevertheless satisfy the requirement that the taxes
apply uniformly to all taxpayers or all real property within the
school district, so long as the taxes are applied uniformly within
those classifications. It is further the intent of the Legislature to
abrogate the holding in Borikas v. Alameda Unified School District
2012 WL 6084027 to the extent that the court's holding restricts the
right of the Alameda Unified School District to retain any of the
qualified special taxes imposed pursuant to Measure H, as approved by
the district's voters on June 3, 2008.
