BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1046|
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THIRD READING
Bill No: SB 1046
Author: Cogdill (R)
Amended: 4/7/10
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 3/24/10
AYES: Romero, Huff, Alquist, Liu, Maldonado, Price,
Simitian
NO VOTE RECORDED: Hancock, Wyland
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/3/10
AYES: Kehoe, Cox, Corbett, Denham, Leno, Price, Walters,
Wolk, Wyland, Yee
NO VOTE RECORDED: Alquist
SUBJECT : Government tort claims: California State
University
SOURCE : California State University
DIGEST : This bill removes the California State
University (CSU) from the jurisdiction of the Victim
Compensation and Government Claims Board (VCGCB) by
allowing CSU to process its own claims.
ANALYSIS : Existing law enacted the Donahoe Higher
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Education Act (Act) which establishes the California State
University System. The Act authorized the Board of
Trustees to set policy and adopt its own rules and
procedures for the operation of that public system.
Existing law provides that CSU is not a state agency and is
exempt from such treatment, unless a statute explicitly
provides that it applies to the university.
Existing law also clarifies legislative intent that: (a)
before legislation may be apply to CSU, the legislation
should be compatible with the mission and functions of CSU,
and (b) CSU is not governed by any statute enacted after
January 1, 1997, that does not amend previously applicable
act and that applies generally to the state or state
agencies, departments, boards, unless the statute expressly
provides that the CSU is to be governed by that statute.
Existing law lays out the Government Claims Act (also
referred to as California Torts Claim Act [Act]), the Tort
Claims Act establishes the procedures for filing a claim
against a state public agency. The Act specifies that a
claim against the state must be filed with the VCGCB,
unless the claim is against a judicial branch or a judge,
in which case the claim is filed with the Judicial Council.
The University of California is exempt from the Tort
Claims Act. In addition, the VCGCB is authorized to charge
a fee equal to 15 percent of the total for any claim it
approves for settlement.
The Tort Claims Act provides for the filing of claims
against public entities for harm caused to any person, and
establishes liability and immunity of the public entity for
those acts. The CSU is considered a "state agency" under
the Act. The timeline and procedures for presentation of
the claim and the public entity's action on that claim are
specified in the Act. Under these rules, claims against
local public entities are filed with the entity's governing
body, while claims against the state are filed with the
VCGCB.
The purpose of the statutory requirements for presenting
claims is to give the entity notice and provide an
opportunity for investigating and possibly settling the
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claim without need of costly litigation. If the entity
decides not to settle, or if the claimant is not satisfied
with the settlement offered, then the claimant may initiate
a lawsuit to recover damages.
This bill:
1.Establishes the Trustees of CSU, rather than VCGCB, as
the body that is authorized to act on claims and actions
filed against the CSU.
2.Requires all claims against CSU for money or damages
based upon an express contract or for an injury for which
CSU is liable must be presented in accordance with
existing statutes relating to the presentation and
consideration of claims.
3.Requires the Trustees of the CSU to act on a claim
against the CSU in accordance with the procedure that the
Trustees provide by rule.
4.Requires the written notice that CSU would provide
related to an action on a claim be given in a manner as
prescribed. The prescribed manner is consistent with
current statute.
5.Specifies that claims and actions shall be presented by
delivering or mailing the claim to, or serving the action
on, the Office of Risk Management at the Chancellor's
Office of the CSU.
6.Makes various technical and conforming changes.
Prior and Related Legislation
SB 1724 (Runner) Chapter 453, Statutes of 2005, originally
included various changes requested by the CSU including
similar changes as provided in SB 1046. However, prior to
final passage of SB 1724, the provisions related to the
torts claims were amended out of the measure. Passed the
Senate Floor with a vote of 33-0 on 8/31/06.
AB 2321 (Hertzberg) Chapter 1007, Statutes of 2002,
provided that the Judicial Council, rather than the VCGCB,
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would act on any claims against the courts, judges, or
agencies within the judicial branch. Passed the Senate
Floor with a vote of 39-0 on 8/12/10.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/4/10)
California State University (source)
ARGUMENTS IN SUPPORT : According to the author's office,
this bill seeks to eliminate unnecessary expense and
additional administrative steps by having claims filed
directly with CSU Risk Management Department, thereby
avoiding the jurisdiction of the VCGCB. CSU would
investigate the claim, assess the risk and liability, and
decide whether to settle the claim or allow the complainant
to pursue the matter in court.
PQ:nl 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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