Bill Text: CA SB1046 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Government tort claims: California State University.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 636, Statutes of 2010. [SB1046 Detail]

Download: California-2009-SB1046-Amended.html

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BILL NUMBER: SB 1046	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2010

INTRODUCED BY   Senator Cogdill

                        FEBRUARY 16, 2010

   An act to amend Sections 811.2, 900.2, 913, 915, and 940.2 of, and
to add Sections 905.9, 912.5, and 935.9 to, the Government Code,
relating to government liability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1046, as amended, Cogdill. Government tort claims: California
State University.
   Existing law bars a suit for money or damages against a public
entity on a cause of action for which a claim is required to be
presented, until a written claim therefor has been presented to the
public entity and acted upon by the Victim Compensation and
Government Claims Board, the governing body of a local public entity,
or the Judicial Council, as applicable, or has been deemed to have
been rejected, except as specified.
   This bill would require, instead, in the case of a claim against
the California State University for money or damages based upon an
express contract or for an injury for which the Trustees of the
California State University is liable, that the claim be presented to
the Trustees of the California State University. The bill would
require the trustees to act on the claim in accordance with the
procedure that the trustees provide by rule. The bill would specify
certain means of presentation and service of a claim against the
California State University  , and would require the Victim
Compensation and Government Claims Board to immediately notify a
claimant who mistakenly presents a claim against the California State
University to the Victim Compensation and Government Claims Board,
as specified  . The bill would authorize the trustees to adjust
and pay any claim arising out of the activities of the California
State University, and would make other conforming changes.
   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.  Section 811.2 of the Government Code is amended to
read:
   811.2.  "Public entity" includes the state, the Regents of the
University of California, the Trustees of the California State
University and the California State University, a county, city,
district, public authority, public agency, and any other political
subdivision or public corporation in the State.
  SEC. 2.  Section 900.2 of the Government Code is amended to read:
   900.2.  "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 Victim Compensation and Government Claims Board.
   (c) In the case of a judicial branch entity or judge of one of
those entities, the Judicial Council.
   (d) In the case of the California State University, the Trustees
of the California State University.
  SEC. 3.  Section 905.9 is added to the Government Code, to read:
   905.9.  All claims against the California State University for
money or damages based upon an express contract or for an injury for
which the Trustees of the California State University is liable shall
be presented in accordance with Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of this part.
  SEC. 4.  Section 912.5 is added to the Government Code, to read:
   912.5.   (a)    The Trustees of the California
State University shall act on a claim against the California State
University in accordance with the procedure that the Trustees of the
California State University provides by rule. 
   (b) Nothing in this section authorizes the Trustees of the
California State University to adopt any rule that is inconsistent
with this part.  
   (c) If a claim for money or damages against the California State
University is mistakenly presented to the Victim Compensation and
Government Claims Board, the Victim Compensation and Government
Claims Board shall immediately notify the claimant of the error and
shall include information on proper filing of the claim. 
  SEC. 5.  Section 913 of the Government Code is amended to read:
   913.  (a) Written notice of the action taken under Section 912.5,
912.6, 912.7, or 912.8 or the inaction that is deemed rejection under
Section 912.4 shall be given in the manner prescribed by Section
915.4. The notice may be in substantially the following form:
   "Notice is hereby given that the claim that you presented to the
(insert title of board or officer) on (indicate date) was (indicate
whether rejected, allowed, allowed in the amount of $____ and
rejected as to the balance, rejected by operation of law, or other
appropriate language, whichever is applicable) on (indicate date of
action or rejection by operation of law)."
   (b) If the claim is rejected, in whole or in part, the notice
required by subdivision (a) shall include a warning in substantially
the following form:


   "WARNING


   "Subject to certain exceptions, you have only six (6) months from
the date this notice was personally delivered or deposited in the
mail to file a court action on this claim. See Government Code
Section 945.6.
   "You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an attorney,
you should do so immediately."

  SEC. 6.  Section 915 of the Government Code is amended to read:
   915.  (a) A claim, any amendment thereto, or an application to the
public entity for leave to present a late claim shall be presented
to a local public entity by either of the following means:
   (1) Delivering it to the clerk, secretary or auditor thereof.
   (2) Mailing it to the clerk, secretary, auditor, or to the
governing body at its principal office.
   (b) Except as provided in subdivisions (c) and (d), a claim, any
amendment thereto, or an application for leave to file a late claim
shall be presented to the state by either of the following means:
   (1) Delivering it to an office of the Victim Compensation and
Government Claims Board.
   (2) Mailing it to the Victim Compensation and Government Claims
Board at its principal office.
   (c) A claim, any amendment thereto, or an application for leave to
file a late claim shall be presented to a judicial branch entity in
accordance with the following means:
   (1) Delivering or mailing it to the court executive officer, if
against a superior court or a judge, court executive officer, or
trial court employee, as defined in Section 811.9, of that court.
   (2) Delivering or mailing it to the clerk/administrator of the
court of appeals, if against a court of appeals or a judge of that
court.
   (3) Delivering or mailing it to the Clerk of the Supreme Court, if
against the Supreme Court or a judge of that court.
   (4) Delivering or mailing it to the Secretariat of the Judicial
Council, if against the Judicial Council or the Administrative Office
of the Courts.
   (d) A claim, any amendment thereto, or an application for leave to
file a late claim shall be presented to the Trustees of the
California State University by delivering or mailing it to the Office
of Risk Management at the  Chancellor's Office 
 Office of the Chancellor  of the California State
University.
   (e) A claim, amendment or application shall be deemed to have been
presented in compliance with this section even though it is not
delivered or mailed as provided in this section if  it
  , within the time prescribed for presentation thereof,
any of the following apply: 
    (1)    It  is actually received by the
clerk, secretary, auditor or board of the local public 
entity,   entity. 
    (2)     It  is actually received at an
office of the Victim Compensation and Government Claims 
Board, if   Board. 
   (3)     If  against the California
State University, it is actually received by the Trustees of the
California State  University, or, if  
University. 
   (  4)     If  against a judicial branch
entity or judge, it is actually received by the court executive
officer, court clerk/administrator, court clerk, or secretariat of
the judicial branch entity  , within the time prescribed for
presentation thereof  .
   (f) A claim, amendment or application shall be deemed to have been
presented in compliance with this section to a public agency as
defined in Section 53050 if it is delivered or mailed within the time
prescribed for presentation thereof in conformity with the
information contained in the statement in the Roster of Public
Agencies pertaining to that public agency which is on file at the
time the claim, amendment or application is delivered or mailed. As
used in this subdivision, "statement in the Roster of Public Agencies"
means the statement or amended statement in the Roster of Public
Agencies in the office of the Secretary of State or in the office of
the county clerk of any county in which the statement or amended
statement is on file.
  SEC. 7.  Section 935.9 is added to the Government Code, to read:
   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
Chancellor's Office of the California State University to perform the
functions of the Trustees of the California State University under
this section.
  SEC. 8.  Section 940.2 of the Government Code is amended to read:
   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 Victim Compensation and Government Claims Board.
   (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.
                            ____ CORRECTIONS  Text--Page 5.
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