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



Current Version: 03/25/21 - Amended Senate Compare Versions information image


SB501:v97#DOCUMENT

Amended  IN  Senate  March 25, 2021
Amended  IN  Senate  February 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 501


Introduced by Senator Wieckowski

February 17, 2021


An act to amend Section 911.6 of the Government Code, relating to governmental liability.


LEGISLATIVE COUNSEL'S DIGEST


SB 501, as amended, Wieckowski. Claims against public entities.
Existing law, the Government Claims Act, prescribes the procedure for claims and actions against public entities, including local entities, and their employees. Existing law requires certain claims, such as those relating to causes of action for death or for injury to a person or personal property, to be presented within 6 months after their accrual. For these actions, if a claim is not filed within the 6-month period, existing law authorizes an application for leave to present a claim to be made to the public entity within a reasonable time, not to exceed one year after the accrual of the cause of action, as specified. Existing law generally requires the relevant public entity review board to grant or deny the application for leave to present the claim within 45 days after it is presented. Existing law requires the application to be granted if one of several conditions is met, including that the person who sustained the alleged injury, damage, or loss was a minor or was physically and mentally incapacitated for the entire 6 months after the accrual of the cause of action, as specified. If the person was physically or mentally incapacitated during that period, existing law requires that the failure to present a claim be a result of the person’s disability.
This bill would revise the circumstances pursuant to which additionally require a board reviewing to grant an application for leave to present a claim relating to an injury to a minor is required to grant the application. The bill would require the application to be granted claim, as described above, if the person who sustained the alleged injury, damage, or loss was a minor for or was physically or mentally incapacitated during any of the 6 months after the accrual of the cause of action, if the application is presented within 6 months of the person turning 18 years of age age, or of the person no longer being physically or mentally incapacitated, as applicable, or a year after the claim accrues, whichever occurs first. By increasing the duties of local officials, this bill would impose a state-mandated local program.

This bill would also revise the circumstances pursuant to which a board reviewing an application for leave to present a claim relating to an injury to a person who was physically or mentally incapacitated is required to grant the application. The bill would require the application to be granted if the person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the 6 months after the accrual of the cause of action, as specified, if the application is presented within 6 months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first. By increasing the duties of local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


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 if one or more of the following is applicable:
(1) The failure to present the claim was through mistake, inadvertence, 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, 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, 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 that disability failed to present a claim during that time.

(2)

(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.

(3)

(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, 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.