BILL NUMBER: SB 108	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        JANUARY 27, 2009

   An act to add and repeal Section 815.1 of the Government Code,
relating to government tort claims, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 108, as introduced, Walters. Government tort claims: charter
schools.
   Existing law, the California Tort Claims Act, 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.
   Existing law specifies that a charter school is deemed to be a
school district for purposes of statutory provisions regarding
apportionments from the State School Fund, allowances for
transportation, and state lottery funds and provisions of the
California Constitution regarding the calculation of the minimum
amount of funding for the support of school districts and community
college districts.
   This bill would authorize the California Law Revision Commission
to submit a report to the Legislature, on or before May 1, 2009, that
addresses the question of whether charter schools should be added to
the list of public agencies covered by the California Tort Claims
Act.
   The provisions of the bill would be repealed on January 1, 2010.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 815.1 is added to the Government Code, to read:

   815.1.  (a) The California Law Revision Commission may submit a
report to the Legislature, on or before May 1, 2009, that addresses
the question of whether charter schools should be added to the list
of public agencies covered by this division.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to authorize the California Law Revision Commission to
promptly prepare and submit a report to the Legislature that would
assist the Legislature in determining whether to amend existing law
to protect charter schools from imminent financial harm as a result
of a recent Court of Appeal decision, Knapp v. Palisades Charter High
School (2007) 146 Cal.App.4th 708, which held that charter schools
are not public entities for purposes of the Tort Claims Act (Division
3.6 (commencing with Section 810) of Title 1 of the Government
Code), it is necessary that this act take effect immediately.