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AB-2411 Governmental tort liability: agreements between public entities.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2411


Introduced  by  Assembly Member Donnelly

February 24, 2012


An act to amend Section 895 of the Government Code, relating to governmental liability.


LEGISLATIVE COUNSEL'S DIGEST


AB 2411, as introduced, Donnelly. Governmental tort liability: agreements between public entities.
Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. Existing law provides that public entities that enter into an agreement are jointly and severally liable for injury caused by a negligent or wrongful act or omission occurring in the performance of that agreement. Existing law defines “agreement” for purposes of these provisions.
This bill would make technical, nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 895 of the Government Code is amended to read:

895.
 As used in this chapter “agreement” means a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, an agreement to transfer the functions of a public entity or an employee thereof to another public entity pursuant to Part 2 (commencing with Section 51300) of Division 1 of Title 5 of the Government Code, and any other agreement under which a public entity undertakes to perform any function, service, or act with, or for, any other public entity or employee thereof with its consent, whether such the agreement is expressed by resolution, contract, ordinance, or in any other manner provided by law; but “agreement”. “Agreement does not include an agreement between public entities which that is designed to implement the disbursement or subvention of public funds from one of the public entities to the other, whether or not it provides standards or controls governing the expenditure of such those funds.