BILL NUMBER: AB 2377	CHAPTERED  09/11/00

	CHAPTER   382
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 31, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 13, 2000

INTRODUCED BY   Assembly Member Longville

                        FEBRUARY 24, 2000

   An act to add and repeal Section 4519.7 of the Welfare and
Institutions Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2377, Longville.  Regional centers:  employee liability.
   Existing law authorizes the State Department of Developmental
Services to enter into contracts with regional centers to provide
services to persons with developmental disabilities.
   This bill would, until January 1, 2006, limit the liability of
regional center employees.


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


  SECTION 1.  Section 4519.7 is added to the Welfare and Institutions
Code, to read:
   4519.7.  (a) Any regional center employee shall not be liable for
civil damages on account of an injury or death resulting from an
employee's act or omission where the act or omission was the result
of the exercise of the discretion vested in him or her, in good
faith, in carrying out the intent of this division, except for acts
or omissions of gross negligence or acts or omissions giving rise to
a claim under Section 3294 of the Civil Code.  This section shall not
be applied to provide immunity from liability for any criminal act.

   (b) This section is not intended to change, alter, or affect the
liability of regional centers, including, but not limited to, the
vicarious liability of a regional center due to a negligent employee.

   (c) A regional center employee, when participating in filing a
complaint or providing information as required by law regarding a
consumer's health, safety, or well-being, or participating in a
judicial proceeding resulting therefrom, shall be presumed to be
acting in good faith, and unless the presumption is rebutted, shall
be immune from any liability, civil or criminal, and shall be immune
from any penalty, sanction, or restriction that might be incurred or
imposed.  The presumption established by this subdivision is a
presumption affecting the burden of producing evidence.
   (d) This section shall apply only to acts or omissions that occur
on or after January 1, 2001.
   (e) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.