BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2690| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2690 Author: Assembly Judiciary Committee Amended: 4/23/12 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE : 4-0, 7/3/12 AYES: Evans, Blakeslee, Corbett, Leno NO VOTE RECORDED: Harman ASSEMBLY FLOOR : 76-0, 5/14/12 - See last page for vote SUBJECT : Civil law: tort claims SOURCE : California Law Revision Commission DIGEST : This bill adopts "Government Claims Act" as the short title for Title 1, Division 3.6 (commencing with Section 810) of the Government Code, and replace the reference "Tort Claims Act" with "Government Claims Act" throughout the codes. ANALYSIS : Existing law creates the California Law Revision Commission. (Government Code (GOV) Sec. 8280.) Existing law authorizes the California Law Revision Commission to study and recommend revisions to correct technical or minor substantive defects in the statutes without a prior concurrent resolution of the Legislature referring the matter to the commission for study. (GOV Sec. 8289.) CONTINUED AB 2690 Page 2 Existing law specifies rules of civil liability that apply to public entities and public employees in California. (GOV Title 1, Division 3.6 (commencing with Sec. 810.)) This bill adopts "Government Claims Act" as the short title for Title 1, Division 3.6 (commencing with Section 810) of the Government Code. This bill replaces references to the California "Tort Claims Act" with references to the California "Government Claims Act" throughout the codes. Background Division 3.6 (commencing with Section 810) of Title 1 of the Government Code (Division 3.6), titled "Claims and Actions Against Public Employees," specifies the rules of civil liability that apply to public entities and public employees in California. This division was added to the code in 1963 after the Legislature assigned the California Law Revision Commission (CLRC) the task of developing a unified and comprehensive statute on governmental liability and immunity. Over time, Division 3.6 has been commonly referred to in the courts and the codes as the "Tort Claims Act." The term is used in six different California code sections: the Civil Code, Code of Civil Procedure, Education Code, Government Code, and Penal Code. However, the term "Tort Claims Act" is a misnomer, as the act is not limited to tort claims but also encompasses certain contract matters. In City of Stockton v. Superior Court, 42 Cal.4th 730 (2007), the California Supreme Court adopted the practice of referring to Division 3.6 as the "Government Claims Act" to avoid the confusion caused by the term "Tort Claims Act." Consistent with this practice by the Court, CLRC recommends replacing all references to the "Tort Claims Act" with "Government Claims Act" throughout the codes, as well as adopting the short title "Government Claims Act" for Division 3.6. Comments CONTINUED AB 2690 Page 3 According to CLRC, adopting the short title "Government Claims Act" for Division 3.6, and likewise conforming the codes will help prevent confusion and endure consistency with the California Supreme Court's holding on the matter. CLRC states these changes will ultimately conserve both judicial and litigant resources. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/6/12) California Law Revision Commission (source) ASSEMBLY FLOOR : 76-0, 5/14/12 AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao RJG:nd 8/7/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 2690 Page 4 CONTINUED