Bill Text: CA SB1120 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Property-related services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-08-16 - From special consent calendar. Ordered to inactive file on request of Senator Berryhill. [SB1120 Detail]

Download: California-2011-SB1120-Amended.html

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BILL NUMBER: SB 1120	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 17, 2012

   An act to  amend Section 815 of   add Section
818.3 to  the Government Code, relating to government liability
 , and declaring the urgency thereof, to take effect immediately
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1120, as amended, Berryhill. Government liability  :
property-related service fees  . 
   The California Constitution, with the exception of fees or charges
for sewer, water, and refuse collection services, conditions the
imposition or increase of a property-related fee or charge upon
approval by either a majority vote of the owners of the properties
subject to the fee or charge or, at the option of the agency imposing
the fee or charge, by a 2/3 vote of the voters residing in the area
affected by the fee or charge. Under existing law, a public entity is
immune from liability for an injury, whether the injury arises out
of an act or omission of the public entity or a public employee, or
any other person, except as provided by statute.  
   This bill would provide that a public entity shall not be liable
for an injury related to a decrease or cessation of any water, sewer,
or refuse collection service in connection with a fee or charge
imposed or increased pursuant to specified provisions of the
California Constitution, whether the injury arises out of an act or
omission of the public entity, a public employee, or any other
person, if the public entity fully complies with those provisions of
the California Constitution, and the affected property owners have
refused to allow the imposition, extension, or increase of
property-related fees and charges for the service.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law 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.  
   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

   SECTION 1.    Section 818.3 is added to the 
 Government Code   , to read:  
   818.3.  (a) A public entity shall not be liable for an injury
related to a decrease or cessation of any water, sewer, or refuse
collection service in connection with a fee or charge imposed or
increased pursuant to Section 6 of Article XIII D of the California
Constitution, whether the injury arises out of an act or omission of
the public entity, a public employee, or any other person, if both of
the following apply:
   (1) The public entity fully complies with subdivision (b) of
Section 6 of Article XIII D of the California Constitution.
   (2) The affected property owners have refused to allow the
imposition, extension, or increase of property-related fees or
charges for the service.
   (b) For purposes of this section, "full compliance with
subdivision (b) of Section 6 of Article XIII D of the California
Constitution" means all of the following apply:
   (1) Revenues derived from the proposed fee or charge do not exceed
the funds required to provide the property-related service.
   (2) Revenues derived from the fee or charge are not used for any
purpose other than that for which the fee or charge was imposed.
   (3) The amount of the fee or charge imposed on any parcel or
person as an incident of property ownership does not exceed the
proportional cost of the service attributable to the parcel or
person.
   (4) The fee or charge is not imposed for a service unless and
until that service is actually used by, or immediately available to,
the property owner in question.
   (5) The fee or charge is not imposed for general government
services where the service is available to the public at large in
substantially the same manner it is to property owners.
   (6) The public entity has identified all parcels upon which the
fee or charge is proposed and calculated the amount of the fee or
charge to be imposed upon each identified parcel.
   (7) The public entity has provided a written notice by mail of the
proposed fee or charge to the record owner of each identified
parcel, in conformance with subdivision (c) of Section 6 of Article
XIII D of the California Constitution, and provided for all required
hearings. 
   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 ensure the continued supply of reliable drinking water
and to prevent the cessation of services relating to water, sewage,
and garbage, it is necessary that this act take effect immediately.
 
  SECTION 1.    Section 815 of the Government Code
is amended to read:
   815.  Except as otherwise provided by statute:
   (a) A public entity is not liable for an injury, whether the
injury arises out of an act or omission of the public entity, a
public employee, or any other person.
   (b) The liability of a public entity established by this part is
subject to any immunity of the public entity provided by statute,
including this part, and is subject to any defense that would be
available to the public entity if it were a private person.