BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2690|
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THIRD READING
Bill No: AB 2690
Author: Assembly Judiciary Committee
Amended: 8/14/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 7/3/12
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 76-0, 5/14/12 - See last page for vote
SUBJECT : Civil law: tort claims
SOURCE : California Law Revision Commission
DIGEST : This bill adopts "Government Claims Act" as the
short title for Title 1, Division 3.6 (commencing with
Section 810) of the Government Code, and replace the
reference "Tort Claims Act" with "Government Claims Act"
throughout the codes.
Senate Floor Amendments of 8/14/12 prevent chaptering
issues with SB 1395 (Rubio) and AB 1736 (Smyth).
ANALYSIS : Existing law creates the California Law
Revision Commission. (Government Code (GOV) Sec. 8280.)
Existing law authorizes the California Law Revision
Commission to study and recommend revisions to correct
technical or minor substantive defects in the statutes
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without a prior concurrent resolution of the Legislature
referring the matter to the commission for study. (GOV Sec.
8289.)
Existing law specifies rules of civil liability that apply
to public entities and public employees in California. (GOV
Title 1, Division 3.6 (commencing with Sec. 810.))
This bill adopts "Government Claims Act" as the short title
for Title 1, Division 3.6 (commencing with Section 810) of
the Government Code.
This bill replaces references to the California "Tort
Claims Act" with references to the California "Government
Claims Act" throughout the codes.
This bill is double-jointed with SB 1395 (Rubio) and AB
1736 (Smyth).
Background
Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code (Division 3.6), titled "Claims and
Actions Against Public Employees," specifies the rules of
civil liability that apply to public entities and public
employees in California. This division was added to the
code in 1963 after the Legislature assigned the California
Law Revision Commission (CLRC) the task of developing a
unified and comprehensive statute on governmental liability
and immunity.
Over time, Division 3.6 has been commonly referred to in
the courts and the codes as the "Tort Claims Act." The term
is used in six different California code sections: the
Civil Code, Code of Civil Procedure, Education Code,
Government Code, and Penal Code. However, the term "Tort
Claims Act" is a misnomer, as the act is not limited to
tort claims but also encompasses certain contract matters.
In City of Stockton v. Superior Court, 42 Cal.4th 730
(2007), the California Supreme Court adopted the practice
of referring to Division 3.6 as the "Government Claims Act"
to avoid the confusion caused by the term "Tort Claims
Act." Consistent with this practice by the Court, CLRC
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recommends replacing all references to the "Tort Claims
Act" with "Government Claims Act" throughout the codes, as
well as adopting the short title "Government Claims Act"
for Division 3.6.
Comments
According to CLRC, adopting the short title "Government
Claims Act" for Division 3.6, and likewise conforming the
codes will help prevent confusion and endure consistency
with the California Supreme Court's holding on the matter.
CLRC states these changes will ultimately conserve both
judicial and litigant resources.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/14/12)
California Law Revision Commission (source)
ASSEMBLY FLOOR : 76-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao
RJG:nd 8/15/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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