Today's Law As Amended


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SB-501 Claims against public entities.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 911.6 of the Government Code is amended to read:

911.6.
 (a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period.
(b) The board shall grant the application where if  one or more of the following is applicable:
(1) The failure to present the claim was through mistake, inadvertence, surprise surprise,  or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2.
(2) The person who sustained the alleged injury, damage damage,  or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3) The person who sustained the alleged injury, damage damage,  or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of such that  disability failed to present a claim during such that  time.  
(4) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.
(5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.
(4) (6)  The person who sustained the alleged injury, damage damage,  or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.
(c) If the board fails or refuses to act on an application within the time prescribed by this section, the application shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.