BILL NUMBER: SB 243	CHAPTERED  10/10/99

	CHAPTER   775
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN SENATE   MAY 19, 1999
	AMENDED IN SENATE   MARCH 18, 1999

INTRODUCED BY   Senator McPherson

                        JANUARY 26, 1999

   An act to amend Section 846.1 of the Civil Code, relating to
recreational property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 243, McPherson.  Recreational property:  attorney's fees.
   Existing law requires the State Board of Control to allow a claim
for reasonable attorney's fees incurred by an owner of any interest
in real property or a public entity as a defendant in a specified
civil action claiming damages if the owner gives permission to the
public to enter or use the property pursuant to a specified agreement
regarding recreational trail use or if the public entity gives
permission to the public to enter or use the property for
recreational purposes, not to exceed a total of $100,000 per fiscal
year.
   This bill would also require the State Board of Control to allow a
claim for reasonable attorney's fees incurred by an owner of any
interest in real property or a public entity as a defendant in a
specified civil action seeking to restrict or prevent public use of
the property if the owner or public entity gives permission to the
public to enter the property pursuant to a specified agreement
regarding recreational use.  The bill would also limit the total sum
of these and the above claims for attorney's fees to $200,000 per
fiscal year.


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


  SECTION 1.  Section 846.1 of the Civil Code is amended to read:
   846.1.  (a) Except as provided in subdivision (c), an owner of any
estate or interest in real property, whether possessory or
nonpossessory, who gives permission to the public for entry on or use
of the real property pursuant to an agreement with a public or
nonprofit agency for purposes of recreational trail use, and is a
defendant in a civil action brought by, or on behalf of, a person who
is allegedly injured or allegedly suffers damages on the real
property, may present a claim to the State Board of Control for
reasonable attorney's fees incurred in this civil action if any of
the following occurs:
   (1) The court has dismissed the civil action upon a demurrer or
motion for summary judgment made by the owner or upon its own motion
for lack of prosecution.
   (2) The action was dismissed by the plaintiff without any payment
from the owner.
   (3) The owner prevails in the civil action.
   (b) Except as provided in subdivision (c), a public entity, as
defined in Section 831.5 of the Government Code, that gives
permission to the public for entry on or use of real property for a
recreational purpose, as defined in Section 846, and is a defendant
in a civil action brought by, or on behalf of, a person who is
allegedly injured or allegedly suffers damages on the real property,
may present a claim to the State Board of Control for reasonable
attorney's fees incurred in this civil action if any of the following
occurs:
   (1) The court has dismissed the civil action upon a demurrer or
motion for summary judgment made by this public entity or upon its
own motion for lack of prosecution.
   (2) The action was dismissed by the plaintiff without any payment
from the public entity.
   (3) The public entity prevails in the civil action.
   (c) An owner of any estate or interest in real property, whether
possessory or nonpossessory, or a public entity, as defined in
Section 831.5 of the Government Code, that gives permission to the
public for entry on, or use of, the real property for a recreational
purpose, as defined in Section 846, pursuant to an agreement with a
public or nonprofit agency, and is a defendant in a civil action
brought by, or on behalf of, a person who seeks to restrict, prevent,
or delay public use of that property, may present a claim to the
State Board of Control for reasonable attorney's fees incurred in the
civil action if any of the following occurs:
   (1) The court has dismissed the civil action upon a demurrer or
motion for summary judgment made by the owner or public entity or
upon its own motion for lack of prosecution.
   (2) The action was dismissed by the plaintiff without any payment
from the owner or public entity.
   (3) The owner or public entity prevails in the civil action.
   (d) The State Board of Control shall allow the claim if the
requirements of this section are met.  The claim shall be paid from
an appropriation to be made for that purpose.  Reasonable attorneys'
fees, for purposes of this section, may not exceed an hourly rate
greater than the rate charged by the Attorney General at the time the
award is made, and may not exceed an aggregate amount of twenty-five
thousand dollars ($25,000).  This subdivision shall not apply if a
public entity has provided for the defense of this civil action
pursuant to Section 995 of the Government Code.  This subdivision
shall also not apply if an owner or public entity has been provided a
legal defense by the state pursuant to any contract or other legal
obligation.
   (e) The total of claims allowed by the board pursuant to this
section shall not exceed two hundred thousand dollars ($200,000) per
fiscal year.