BILL NUMBER: AB 173	CHAPTERED
	BILL TEXT

	CHAPTER  70
	FILED WITH SECRETARY OF STATE  JULY 8, 2011
	APPROVED BY GOVERNOR  JULY 7, 2011
	PASSED THE SENATE  JUNE 23, 2011
	PASSED THE ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  MARCH 30, 2011

INTRODUCED BY   Assembly Member Gatto
   (Principal coauthor: Assembly Member Achadjian)

                        JANUARY 20, 2011

   An act to amend Section 354.4 of the Code of Civil Procedure,
relating to Armenian Genocide, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 173, Gatto. Armenian Genocide victims.
   Existing law authorizes any Armenian Genocide victim, as defined,
or the heir or beneficiary of that victim, who resides in this state
and has a claim arising out of an insurance policy or policies
purchased or in effect in Europe or Asia between 1875 and 1923 from a
defined insurer, to bring a legal action to recover on that claim in
a court in this state. Existing law also provides that any action,
including any pending action brought by an Armenian Genocide victim,
or the heir or beneficiary of that victim, whether a resident or
nonresident of this state, seeking benefits under the insurance
policies issued or in effect between 1875 and 1923, shall not be
dismissed for failure to comply with the applicable statute of
limitation, provided the action is filed on or before December 31,
2010.
   This bill would extend the deadline for filing that action to
December 31, 2016.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 354.4 of the Code of Civil Procedure is amended
to read:
   354.4.  (a) The following definitions govern the construction of
this section:
   (1) "Armenian Genocide victim" means any person of Armenian or
other ancestry living in the Ottoman Empire during the period of 1915
to 1923, inclusive, who died, was deported, or escaped to avoid
persecution during that period.
   (2) "Insurer" means an insurance provider doing business in the
state, or whose contacts in the state satisfy the constitutional
requirements for jurisdiction, that sold life, property, liability,
health, annuities, dowry, educational, casualty, or any other
insurance covering persons or property to persons in Europe or Asia
at any time between 1875 and 1923.
   (b) Notwithstanding any other provision of law, any Armenian
Genocide victim, or heir or beneficiary of an Armenian Genocide
victim, who resides in this state and has a claim arising out of an
insurance policy or policies purchased or in effect in Europe or Asia
between 1875 and 1923 from an insurer described in paragraph (2) of
subdivision (a), may bring a legal action or may continue a pending
legal action to recover on that claim in any court of competent
jurisdiction in this state, which court shall be deemed the proper
forum for that action until its completion or resolution.
   (c) Any action, including any pending action brought by an
Armenian Genocide victim or the heir or beneficiary of an Armenian
Genocide victim, whether a resident or nonresident of this state,
seeking benefits under the insurance policies issued or in effect
between 1875 and 1923 shall not be dismissed for failure to comply
with the applicable statute of limitation, provided the action is
filed on or before December 31, 2016.
   (d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order that the insurance policy claims of Armenian Genocide
victims will not be dismissed for failure to comply with the statute
of limitations, it is necessary that this bill take effect
immediately.