BILL NUMBER: SB 556	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 26, 2015

   An act to amend Section 911.6 of the Government Code, relating to
government liability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 556, as introduced, De León. Claims against public entities.
   Existing law requires a claim for personal injury against a public
entity, which includes the state, the Regents of the University of
California, a county, city, district, public authority, public
agency, and any other political subdivision or public corporation in
the state, or against an employee of a public entity, to be presented
not later than 6 months after accrual of the cause of action.
Existing law provides that if a claim is not filed within the 6-month
period, an application for leave to present the claim within a
reasonable time not to exceed one year after the accrual of the cause
of action may be filed with the public entity in accordance with
specified provisions. Existing law requires the board, the governing
body of the local public entity, the California Victim Compensation
and Government Claims Board, the Judicial Council, or the Trustees of
the California State University, as appropriate, to grant or deny
the application for leave to present the claim within 45 days after
it is presented to the board.
   This bill would require the board, the governing body of the local
public entity, the California Victim Compensation and Government
Claims Board, the Judicial Council, or the Trustees of the California
State University, as appropriate, to grant or deny the application
for leave to present the claim within 45 days after it is received by
the board.
   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 911.6 of the Government Code is amended to
read:
   911.6.  (a) The board shall grant or deny the application within
45 days after it is  presented to   received by
 the board. The claimant and the board may extend the period
within which the board is required to act on the application by
written agreement made before the expiration of the period.
   (b) The board shall grant the application  where 
 if  one or more of the following is applicable:
   (1) The failure to present the claim was through mistake,
inadvertence, surprise  ,  or excusable neglect and the
public entity was not prejudiced in its defense of the claim by the
failure to present the claim within the time specified in Section
911.2.
   (2) The person who sustained the alleged injury, damage  ,
 or loss was a minor during all of the time specified in Section
911.2 for the presentation of the claim.
   (3) The person who sustained the alleged injury, damage  ,
 or loss was physically or mentally incapacitated during all of
the time specified in Section 911.2 for the presentation of the claim
and by reason of  such   that  disability
failed to present a claim during  such   that
 time.
   (4) The person who sustained the alleged injury, damage  ,
 or loss died before the expiration of the time specified in
Section 911.2 for the presentation of the claim.
   (c) If the board fails or refuses to act on an application within
the time prescribed by this section, the application shall be deemed
to have been denied on the 45th day or, if the period within which
the board is required to act is extended by agreement pursuant to
this section, the last day of the period specified in the agreement.