BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                                 THIRD READING


          Bill No:  AB 2690
          Author:   Assembly Judiciary Committee
          Amended:  8/14/12 in Senate
          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. 

           Senate Floor Amendments  of 8/14/12 prevent chaptering 
          issues with SB 1395 (Rubio) and AB 1736 (Smyth).

           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 
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          without a prior concurrent resolution of the Legislature 
          referring the matter to the commission for study. (GOV Sec. 
          8289.)

          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.  

          This bill is double-jointed with SB 1395 (Rubio) and AB 
          1736 (Smyth).

           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 

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          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
           
          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  8/14/12)

          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  8/15/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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