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AB-2848 State Route 80: damage to auto glass.(2023-2024)



Current Version: 02/15/24 - Introduced

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AB2848:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2848

Introduced by Assembly Member Joe Patterson

February 15, 2024

An act to add and repeal Section 92.8 of the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2848, as introduced, Joe Patterson. State Route 80: damage to auto glass.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law, the Government Claims Act, governs tort liability for public entities. The act establishes public entity liability for an injury caused by a dangerous condition of its property, as specified.
This bill would, until January 1, 2027, deem the elements of liability for dangerous condition to be met, in an action against the department, seeking compensation for damage to a vehicle’s auto glass that is alleged to be caused by the deterioration of the road surface, including, but not limited to, potholes and debris, while traveling on a specified portion of Route 80 during a specified timeframe, if certain conditions are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 92.8 is added to the Streets and Highways Code, to read:

92.8.
 (a) All the elements of liability required by Section 835 of the Government Code shall be deemed established if all the following are met:
(1) A vehicle’s auto glass was damaged and the damage is alleged to be from the deterioration of the road surface, including, but not limited to, potholes and debris.
(2) The damage to the vehicle is alleged to have been sustained between January 1, 2023, and April 30, 2023.
(3) The damage to the vehicle is alleged to have been sustained while the vehicle was traveling on the portion of Route 80 in the County of Placer, from the Douglas Boulevard Overcrossing, 19-0079, at postmile 1.975, to the junction with Route 65, at postmile 4.160.
(4) A claim was presented to the department in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code alleging facts supporting each of the factual requirements described in paragraphs (1) to (3), inclusive, and the claim seeks compensation only for repair or replacement of auto glass, including, but not limited to, a windshield, a passenger window, or a back window.
(b) This section shall only apply to actions brought against the department.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.