as amended, De León.
begin deleteClaims against public entities. end delete
Existing law requires a claim for personal injury against a public entity, which includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, or against an employee of a public entity, to be presented not later than 6 months after accrual of the cause of action. Existing law provides that if a claim is not filed within the 6-month period, an application for leave to present the claim within a reasonable time not to exceed one year after the accrual of the cause of action may be filed with the public entity in accordance with specified provisions. Existing law requires the board, the governing body of the local public entity, the California Victim Compensation and Government Claims Board, the Judicial Council, or the Trustees of the California State University, as appropriate, to grant or deny the application for leave to present the claim within 45 days after it is presented to the board.end delete
This bill would require the board, the governing body of the local public entity, the California Victim Compensation and Government Claims Board, the Judicial Council, or the Trustees of the California State University, as appropriate, to grant or deny the application for leave to present the claim within 45 days after it is received by the board.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
The board shall approve or deny applications, based
4on recommendations of the board staff, within an average of 90
5calendar days and no later than 180 calendar days of acceptance
6by the board or victim center.
8 If the board does not meet the 90-day average standard
9prescribed in this subdivision, the board shall, thereafter, report to
10 the Legislature, on a quarterly basis, its progress and its current
11average time of processing applications. These quarterly reports
12shall continue until the board meets the 90-day average standard
13for two consecutive quarters.
15 If the board fails to approve or deny an individual application
16within 180 days of the date it is accepted, pursuant to this
17subdivision, the board shall advise the applicant and his or her
P3 1representative, in writing, of the reason for the failure to approve
2or deny the application.
Section 911.6 of the Government Code is
11amended to read:
(a) The board shall grant or deny the application within
1345 days after it is received by the board. The claimant and the
14board may extend the period within which the board is required
15to act on the application by written agreement made before the
16expiration of the period.
17(b) The board shall grant the application if one or more of
18following is applicable:
19(1) The failure to present the claim was through mistake,
20inadvertence, surprise, or excusable neglect and the public entity
21was not prejudiced in its defense of the claim by the failure to
22present the claim within the time specified in Section 911.2.
23(2) The person who sustained the alleged injury, damage, or
24loss was a minor during all of the time specified in Section 911.2
25for the presentation of the claim.
26(3) The person who sustained the alleged injury, damage, or
27loss was physically or mentally incapacitated during all of the time
28specified in Section 911.2 for the presentation of the claim and by
29reason of that disability failed to present a claim during that time.
30(4) The person who sustained the alleged injury, damage, or
31loss died before the expiration of the time specified in Section
32911.2 for the presentation of the claim.
33(c) If the board fails or refuses to act on an application within
34the time prescribed by this section, the application shall be deemed
35to have been denied on the 45th day or, if the period within which
36the board is required to act is extended by agreement pursuant to
37this section, the last day of the period specified in the agreement.