Bill Text: CA AB817 | 2009-2010 | Regular Session | Amended

California Assembly Bill 817 (Prior Session Legislation)

Bill Title: Government liability: special districts: indemnification.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB817 Detail]

Download: California-2009-AB817-Amended.html

BILL NUMBER: AB 817	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 26, 2009

   An act to amend the heading of Article 5 (commencing with Section
827) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of, and to add
Sections 828 and 12511.6 to, the Government Code, relating to
government liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 817, as amended, Nestande. Government liability: special
districts: indemnification.
   Existing law governs the tort liability and immunity of public
entities and their officers and employees, claims and actions against
public entities and their officers and employees, insurance
indemnification, and the defense and indemnification of public
officers and employees.
   Existing law authorizes the Attorney General to defend a public or
private provider of health care, as defined, and its officers,
employees, agents, and subcontractors, against any claim that the
civil rights of a person in state custody were violated in the
provision of health care services. Existing law provides for the
indemnification of any provider of health care, and its officers,
employees, agents, and subcontractors, who are defended pursuant to
that provision by the Attorney General, or other legal counsel
provided by the state, as specified.
   This bill would require the  state to indemnify, and the
 Attorney General to defend  ,  a special
district, and its officers, employees, agents, and subcontractors,
against any claim for damages arising from any authorized 
recreational  use of public lands of the special district  ,
  and would require the state to indemnify a claim for
damages arising therefrom, except as specified  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Article 5 (commencing with Section 827)
of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government
Code is amended to read:

      Article 5.  Indemnification of Certain  Public Entities
  State Agents and Special Districts 


  SEC. 2.  Section 828 is added to the Government Code, to read:
   828.  (a) The state shall indemnify any special district against
any claim for damages arising from any authorized  recreational
 use of public lands of the special district  , except if
liability is based upon any of the facts described in paragraphs (1)
to (5), inclusive, of subdivision (c) of Section 831.7  .
   (b) Officers, employees, agents, and subcontractors of a special
district who are defended by the Attorney General pursuant to Section
12511.6, or other legal counsel provided by the state, shall be
indemnified in accordance with Section 825, subject to the same
conditions and limitations applicable to state employees.
   (c) For purposes of this section and Section 12511.6, "special
district" means an agency of the state, formed pursuant to general
law or a special act, for the local performance of governmental or
proprietary functions within limited geographic boundaries.
  SEC. 3.  Section 12511.6 is added to the Government Code, to read:
   12511.6.  The Attorney General shall defend a special district, as
defined in Section 828, and its officers, employees, agents, and
subcontractors, against any claim for damages arising from any
authorized  recreational  use of public lands of the special
district.
   ____ CORRECTIONS  Text--Page 2 Line 10.
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