BILL NUMBER: SB 536	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 22, 2013

   An act to  amend Section 815 of   add Section
53757 to  the Government Code, relating to  government
liability   local government  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 536, as amended, Berryhill.  Government tort claims.
  Property-related services.  
   The California Constitution, with certain exceptions, conditions
the imposition or increase of a property-related fee or charge upon
less than a majority of owners of subject parcels submitting written
protests, and approval by either a majority vote of the owners of the
properties subject to the fee or charge or, under certain
conditions, by a 2/3 vote of the voters residing in the area affected
by the fee or charge.  
   This bill would provide that a district, as defined, shall not be
obligated to provide subsidies to cure any deficiencies in funding of
property-related services provided in the district's jurisdiction
under any of certain specified circumstances. This bill would provide
that this prohibition would not apply if the district's governing
board had agreed to subsidize the services before the completion of a
majority protest proceeding or election, as specified. 

   Existing law governs the tort liability and immunity of, and
claims and actions against, public entities and their officers and
employees. A public entity, as defined, is not liable for an injury,
except as otherwise provided by statute, whether the injury arises
out of an act or omission of the public entity or a public employee
or any other person.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 53757 is added to the 
 Government Code   , to read:  
   53757.  (a) A district shall not be obligated to provide subsidies
to cure any deficiencies in the funding of property-related services
provided within the district's jurisdiction, if any of the following
conditions exist:
   (1) The district's governing board proposed to impose, extend, or
increase property-related fees or charges for the services, the board
fully complied with Section 6 of Article XIII D of the California
Constitution, and a majority of parcel owners submitted a written
protest against the proposed imposition, extension, or increase,
pursuant to subdivision (a) of Section 6 of Article XIII D of the
California Constitution.
   (2) The district's governing board proposed to impose, extend, or
increase property-related fees or charges for the services, the board
fully complied with Section 6 of Article XIII D of the California
Constitution, and the proposed imposition, extension, or increase
failed to get voter approval pursuant to subdivision (c) of Section 6
of Article XIII D of the California Constitution.
   (3) Property-related fees or charges for the services that comply
with Section 6 of XIII D of the California Constitution were reduced
or repealed by the voters by an initiative pursuant to Section 3 of
Article XIII C of the California Constitution.
   (b) Subdivision (a) shall not apply if the district's governing
board had undertaken the obligation to subsidize the services before
the completion of a majority protest proceeding or election described
in paragraph (1), (2), or (3) of subdivision (a).
   (c) For purposes of this section, "fully complies with Section 6
of Article XIII D of the California Constitution" means all of the
following:
   (1) Revenues derived from the proposed fee or charge do not exceed
the funds required to provide the property-related service.
   (2) Revenues derived from the fee or charge are not used for any
purpose other than that for which the fee or charge was imposed.
   (3) The amount of the fee or charge imposed on any parcel or
person as an incident of property ownership does not exceed the
proportional cost of the service attributable to the parcel or
person.
   (4) The fee or charge is not imposed for a service unless and
until that service is actually used by, or immediately available to,
the property owner in question.
   (5) The fee or charge is not imposed for general government
services if the service is available to the public at large in
substantially the same manner it is to property owners.
   (6) The district has identified all parcels upon which the fee or
charge is proposed and calculated the amount of the fee or charge to
be imposed upon each identified parcel.
   (7) The district has provided a written notice by mail of the
proposed fee or charge to the record owner of each identified parcel,
in conformance with subdivision (c) of Section 6 of Article XIII D
of the California Constitution, and provided for all required
hearings.
   (d) For purposes of this section, "district" shall mean a local
governmental entity created for the purpose of providing sidewalks,
streets, sewers, water, flood control, drainage systems, or vector
control services within its jurisdiction with a governing board that
has the same members as the board of supervisors for the county in
the overlapping geographical area.  
  SECTION 1.    Section 815 of the Government Code
is amended to read:
   815.  Except as otherwise provided by statute:
   (a) A public entity is not liable for an injury, whether the
injury arises out of an act or omission of the public entity or a
public employee or any other person.
   (b) The liability of a public entity established by this part
(commencing with Section 814) is subject to any immunity of the
public entity provided by statute, including this part, and is
subject to any defenses that would be available to the public entity
if it were a private person.