Amended in Senate April 6, 2015

Senate BillNo. 556


Introduced by Senator De León

February 26, 2015


An act to amend Sectionbegin delete 911.6end deletebegin insert 13958end insert of the Government Code, relating tobegin delete government liability.end deletebegin insert victims of crime.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 556, as amended, De León. begin deleteClaims against public entities. end deletebegin insertVictims of crime: indemnification: applications.end insert

begin insert

Existing law provides for the indemnification of victims of specified types of crimes by the California Victim Compensation and Government Claims Board, subject to specified criteria for, among other things, submission and verification of applications. Existing law requires the board to approve or deny applications, based on recommendations of the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board or victim center. Existing law requires the board to report to the Legislature, on a quarterly basis, its progress and its current average time of processing applications if the board does not meet the prescribed 90-day average standard.

end insert
begin insert

This bill would define “time of processing applications” for purposes of these provisions and would require the board to post on its Internet Web site, on an annual basis, its progress and current average time of processing applications.

end insert
begin 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
begin 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

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13958 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

13958.  

begin insert(a)end insertbegin insertend insertThe 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.

begin delete

7(a)

end delete

8begin insert(1)end insert 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.

begin delete

14(b)

end delete

15begin insert(2)end insert 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.

begin insert

3(b) The board shall post on its Internet Web site, on an annual
4basis, its progress and current average time of processing
5applications.

end insert
begin insert

6(c) For purposes of this section, “time of processing
7applications” means the period of time, including all calendar
8days, that begins when the board first receives and application
9and ends when a check is mailed to an eligible victim.

end insert
begin delete
10

SECTION 1.  

Section 911.6 of the Government Code is
11amended to read:

12

911.6.  

(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 the
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.

end delete


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