HomeMy WebLinkAboutMINUTES - 05241994 - X.1 TO: BOARD OF SUPERVISORS
FROM: TRANSPORTATION COMMITTEE
DATE: May 23, 1994
SUBJECT: Earthquake Relief and Seismic Retrofit Bond Act of-t994
SPECIFIC REQUEST(S) OR RECOMMENDATION(S).&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
Support Proposition 1 A "Earthquake Relief and Seismic Retrofit Bond Act of 1994" on the June
7 Ballot.
II. Financial Impact:
NONE
III. Reasons for Recommendations and Background:
Proposition 1A will authorize $2 billion in State general obligation bond for:
• Repair and reconstruction of public transportation facilities, schools, hospitals and utilities
damaged in the Northridge Earthquake in 1994.
• Retrofit for seismic impacts State owned transportation facilities including the toll bridges
in the San Francisco Bay Area. It stipulates that at least 40% of the funds for seismic
retrofit of State bridges will go to the State's toll bridges.
• Provide loans for repair of private housing damaged by the Northridge Earthquake.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
x RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S): Gayle Bishop Tom Torlakson
ACTION OF BOARD ON —. Y/A a-4� )99`# APPROVED AS RECOMMENDED OTHER_
VOTE-OF SUPERVISORS
✓r UNANIMOUS {ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby_certify that this is a true and correct copy at
MMS:drg an action taken and entered on the minutes of the
c:8024.t5 Board of Supemisors on the date Shown.
ATTESTED: --M -. o l
Orig.Div: Public Works(Administration) PHIL BATCH R,CIA of the Board
Contact: M.Shiu (313-2250) Of supervtsom and County Adminisbator
cc: CAO-C.Van Marter
D.J.Smith ��1f n
915 L.Street,Suite 1440 By �,�.:� • 0 Q A
Sacramento, CA 95814
Transportation Engineering
- AMENDED IN ASSEMBLY APRIL 4, 1994
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 2972
Introduced by Assembly Member Aguiar
February 18, 1994
An act to amend Sections 820.2, 822.2, 830, 830.4, 830.6, 4�=a
aftd 996. and 831.2 of, and to add Section 814.1 to, the
Government Code, and to amend Section 1799.106 of the
Health. and Safety Code, relating to civil liability.
LEGISLATIVE COUNSEL'S DIGEST
AB 2972,' as amended, Aguiar. Public entities: civil
liability.
(1) Existing law provides a comprehensive body of laws
regulating the scope of civil liability of public entities and
public employees.
This bill would provide that all issues regarding the
application of any immunity available to a public entity or
public employee shall be decided by a court as a matter of law.
(2) Existing law provides that a public employee is not
liable for an injury resulting from that employee's
discretionary act or omission.
This bill would revise and recast that provision. The bill
would exempt public employees from liability for an injury
where the injury resulted from the.exercise or performance
of, or the failure to exercise or perform, a- discretionary
function or act on the part of an employee of a public entity,
including, but not limited to, an injury caused by a dangerous
condition of public property.
(3) Existing law exempts a public employee acting in the
scope of employment from liability for an injury,caused by his
or her misrepresentation, as specified. Existing case law
98 80
AB 2972 — 2 —.
.K
.provides that this section applies only to injury to financial or
commercial interests.
The bill instead would provide that the immunity provided
pursuant to this section shall apply when the employee's
misrepresentation results in any injury, including personal
injury and injury to property, and would state the intent of
the Legislature in this: regard.
(4) Existing law defines the term "dangerous condition" as
a condition of property that creates a substantial risk of injury
when the property or adjacent property is-used with due care,
as specified.
This bill would revise this definition to apply only to a
condition of public property. In addition, the bill would
provide that the condition of adjacent property shall not be
considered in determining whether public property on which
an injury has occurred is in a dangerous condition.
(5) Existing law provides that 'a condition is not a
dangerous condition, as defined above, merely because of the
failure to provide specified traffic control signals, stop signs,
or other roadway signs or markings.
This bill would revise that provision to include roadway
lighting.
(6) Existing law affords public entities and public
employees immunity from liability for injuries caused by the
plan or design,of a construction of, or an improvement to,
public property, where the plan or design has been approved,
as provided, in advance of the construction or improvement,
or prepared in conformity with standards previously so
approved, as specified. That -immunity continues after notice
�s that the constructed or improved property may no longer be
in conformity with a plan or design that could reasonably be
approved, for a reasonable period of time sufficient to permit
the public entity to obtain funds for and carry out remedial
work necessary to bring the public property into conformity.
Existing law provides that failing to heed a warning regarding
the existence of a condition not conforming to the approved
plan, design, or standard, or using the property despite that
warning, shall not in itself constitute an assumption of the risk
of the danger indicated by the warning.
This bill would revise that provision to instead provide that
98 100
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II — 3 — AB 2972
j
if aP ublic entity or public employee has notice that due to
Y p
changed circumstances, the property may no longer be in
conformity, the immunity shall continue until it is feasible, as
defined, to commence and complete the necessary remedial
work. In addition, the bill would provide that this immunity
shall be presumed to exist where the public entity or public
0 employee establishes, by a.preponderance of the evidence,
that the public improvement on which the injury or damage
occurred was more than 20 years old at the time of the
occurrence. This .immunity, which need not be the only
proximate cause of the injury, would .not apply to any injury
caused by a failure to maintain or repair the public
improvement. The bill would also provide that failing to heed
a warning, as described above, or using the property despite
the warning shall constitute an assumption of the risk of the
danger indicated by the warning.
(7) Existing law exempts public entities and public
` employees from liability for an injury caused by a natural
condition of any unimproved public property.
1-- L This bill would additionally provide that public property
F
shall be deemed to be in a natural condition and unimproved
regardless of the provision or absence of public safety
services.
(8) €misting law perms a even . or fuer- pie .
empleyee.ef ft ptrblie entity to reeeverz -9 fees; eases
aftd empettsesnodiff Elefending it eiYA aetieit e-P
r r --edi fi bfetrght ftgftiffit#-Ire -Trr=r, the aetiett of
i-___eaif g &rese etA of anftet a ift the seepe of his
e - her effipleyffient etftd the pttbhe entity has r-eftised to
pride .a dem mess the entity stab,_sh that the
effipleyee aeted er wed to ate+ift appar-eet geed faith beeaese
of aettt , of aettta iee,e-that the aete
eis erre fef -.h thepublie entity is fret
pursue to stattite, to previde a defense.
This bi4 weed revise aftd reeast these to per-ffiA
i
the reee'bery of fees;eestsr, and hett
the publie entity re€eses, witheet baste a
written reEtuest to previde a defer ftffd the effipleye ' fret
e - failttre t-e net wets Fret beeattse of aetttal fietud, i ,
----------- I @T- etettiftl ffiethee. Existing law provides that specified
98 100
98 120
AB 2972 — 4 —
firefighters,
4 —firefighters, law enforcement, and emergency personnel who
render emergency medical services at the scene of an
emergency shall be liable in civil damages only for acts or
omissions performed in a grossly negligent manner or in bad
faith: Existing law further provides that a public agency
employing the specified personnel shall not be liable for civil
damages if the employee is not liable.
This bill instead would provide that public employees
trained to and expected to provide emergency medical
services during the course and scope of their employment
shall only be liable in civil damages for acts and omissions
performed in a grossly negligent manner or in bad faith. This
bill would further provide that a public agency employing
these persons shall not be liable for civil damages if the
employee .is not liable.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows
1 SECTION . 1. Section 814.1 is added to the
2. Government Code, to read:
3 '814.1. All issues regarding the application of any
4 immunity available to a public entity or public employee
5 shall be decided by the court, as a matter of law.
6 SEC. 2. Section 820.2 of the Government Code is
7 amended to read:
8 820.2. - Except as otherwise provided by statute, a
,r 9 public employee is not liable for an injury, including, but
10 not limited to, an injury caused by a dangerous condition
11 of public property, where the injury resulted from the
12 exercise or performance of, or failure to exercise or
r, 13 perform, a discretionary function or act on the part of the
14 employee, whether or not that discretion was abused.
15 SEC. 3. Section 822.2 of the Government Code is
16 amended to read:
17 822.2. (a) A public employee acting in the scope of
18 his or her employment is not liable for an injury caused
19 by his or her misrepresentation, whether or not that
20 misrepresentation is negligent or intentional, unless the
98 170
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— 5 — AB 2972
1 employee is guilty of actual fraud, corruption, or actual
2 malice. As used in this section, "injury" includes, but is
3 not limited to, personal injury, financial injury, and injury
4 to property.
5 (b) It is the intent of the Legislature by the
I
6 amendments-to. this section enacted at the 1994 portion
Oh- 7 of the- 1993-94 Regular Session to abrogate holdings such
�....-- 8 as Johnson v. State of California, 69 Cal. 2d 782 and Garcia
9 v. Superior Court, 50 Cal. 3d 728, as they relate to this
10 section.
f 11 -SEC. . 4. Section 830 of the Government Code is
12 amended to read:
13 830. As used in this chapter:
14 (a) "Dangerous condition" means a condition of
15 public property that creates a substantial (as
16 distinguished from a minor, trivial or insignificant) risk of
17 injury when that public property or adjacent property is
18 used with due care in a manner in which it is reasonably
19 foreseeable that.it will be used. The condition of adjacent
20 property shall not be considered in determining whether
i 21 public property on which an injury has occurred is in a
22 dangerous condition.
23 (b) "Protect against" includes repairing, remedying
..., n 24 or correcting a dangerous condition, providing
25 safeguards against a dangerous condition, or warning of
26 a dangerous condition.
27 (c) "Property of a public entity" and "public
28 property" mean real or personal property owned or
29 controlled by the public entity, but do not include
30 easements, encroachments and other property interests
31 that are located on the property of the public entity but
i 32 which are-not owned or controlled by the public entity.
+ 33 SEC. 5. Section 830.4 of the Government Code is
34 amended to read:
35 830.4. A condition is not a dangerous condition within
36 the meaning of this chapter merely because of the failure
37 to provide roadway lighting, regulatory traffic control
38 signals, stop -Signs, yield right-of-way signs, or speed
39 restriction signs, as described by the Vehicle Code, or
40 distinctive roadway , markings as described in Section
98 170 98 190
' h-
AB 2972 — 6 -
1
61 '21460 of the Vehicle Code. i
2 SEC. 6. Section" 830.6 of the Government Code is
3 amended to read:
4 830.6. (a) Neither a public entity nor .a public
5 employee is liable under this chapter for.an injury caused
6 by the plan or design of a construction of, or an
7 improvement to, public property where that plan or
8 design has been approved in advance of the construction
9 or improvement by the legislative body of the public
10 entity or by some other body or employee exercising
11 discretionary authority to give the approval or where the
12 plan or design is prepared in conformity with standards
13 previously so approved, if the trial or appellate court
14 determines that there is any substantial evidence upon
15 the basis of which (1) a reasonable public employee could
16 have adopted the plan or design or the standards therefor
17 or (2) a reasonable legislative body or other body or
18 , employee could have approved the plan or design or the
19 standards therefor. If a public entity or public employee r�
20 has notice that, due to changed circumstances,
21 constructed or improved public property may no longer
22 be in conformity-with a. plan or design or a standard
23 which reasonably could be approved by the legislative
24 body or other body or.employee, the immunity provided ,<
25 by this section shall continue until it is feasible to
26 commence and complete remedial work necessary to
27 allow the public property to be in conformity with a plan
K> 28 or design approved by the legislative body of the public
29 entity or other body or employee, or with a plan or design
. 30 in conformity with a standard previously approved by the
31 legislative body or other body or employee. Where a
'32 person fails to heed a warning of the condition not
33 conforming to the approved plan or design or to the
34 approved standard or uses public property despite the
35 warning, that failure or use shall constitute an assumption
36 of the risk of the danger indicated by the warning.
37 (b) - For purposes of this section, the term "feasible"
38 shall mean capable of being accomplished within a
39 reasonable period of time given economic, political,
40 environmental, social, and other conditions. For purposes
98 210,
— 7 — AB 2972
i
1 of this section, the term "changed circumstances" shall
2 not mean any change;in the standards relating to the plan
i 3 or design of any public improvement, nor any increase in
4 the extent or manner of use of the public improvement.
5 (c) The immunity provided by this section shall be
i
j 6 presumed to exist in those instances where a public entity
I
-7 or public employee establishes, by a preponderance of
8 the evidence that the public improvement on which the
9 injury or damage occurred was more than 20 years old
i
10 from the date of occurrence. This presumption is one
11 which.affects the burden of proof.
12 (d) The immunity provided by this section shall apply
13 if the plan or deign of the public improvement is one,
14 but not necessarily the only, proximate cause of the
15 injury.
16 (e) The immunity provided by this section shall not
17 apply to any injury caused by a failure to properly
18 maintain or repair the public improvement.
j 19 SEC. 7. Section 831.2 of the Government Code is
i 20 amended to read:
21 831.2. (a) Neither a public, entity nor a public
j 22 employee is liable for an injury caused by a natural
23 condition of any unimproved public property, including,
24 but not limited to, any natural condition of any lake,
3
25 stream, bay, river, or beach.
26 (b) Public property shall be deemed to be in a natural
27 condition and unimproved notwithstanding the
28 provision or absence of public safety services, such as
29 lifeguards, police or sheriff patrols, medical services, fire
30 . protection services, cleanup services, or signs. The
31 provisions of this section shall apply only to natural
32 conditions of public property and shall not limit any
33 liability or immunity that may otherwise exist pursuant to
34 this division.
35 SEG. S: Seetion 996:4 of the Governffient cede is
36 affiended to
37 996.4. If a ptiblie etttity, witheut ftfty reasenable betsis,
38 f6sof- refitses written r-equesteprovide aft
39 e+ forrffier Y443 a. defense etgaitist a eivA aetiee
40 a by-eught agaittst the ee`ipleyee a-Rd the
98 230
98 210
' n^-
AB 2972 — 8 —
1 effipleyeee r-etains his eT- her own eewisel to defend the
2 aetiee of pt: , he eT-she is eked tor- &effi
3 the poblie enter these r-eetseftable fees; ees€s,
. 4 and empetises as ar-e eeeee4sar-iI ineurred-by the
5 ie defettdittg the aetion eT- r r-__ea;f g if beth of the
6 fellewing apply.,
7 - a+ The aetiee eT- rreee .a_to mese eot of aft aet of
8 ie the seepe a€his eT- her- ,...i r l,.y ffie..,t withthe
9 pebhe entity.
10 -(* The effipley aet eT- fame to aet was net
11 beeattse of aetual frettid, eerrttptieff-, e-F ffietliee.
12 Nef�g iit this seetieft be str ,.a apt
13 eT- fqrffierr ofthe right isp HfeT
14 a mit of mw-.date to eeeapel the pobhe etitity eT- the
15 bedy eT- aft to perferffi the
16 dies iffipased 4y this part
17 SEC. & Section 1799.106 of the Health and Safety
18 Code is amended to read:
19 1799.106. In addition to the provisions of Section
20 1799.104 of this code and of Section 1714.2 of the Civil
21 Code and in order to encourage the provision of
22 emergency medical services by r_--�A.,'. e* pehee
--o-----
23 effieers of ether- lam enf6reetnettt a ffieers, A1;
24 X11; of F 4PP a ..
rero tef of other-
25 law eti fer,,..f.. t ,some 1APTA-, FMT-111; eT- 11z who
26 readers eenerrgette� ffiedieeA serviees at the seene of air
27 effiergeftey public employees trained to and expected to
28 provide such services during the course -and scope of
29 their employment for a public entity, such employees
30 shall only be liable in civil damages for acts or omissions
31 performed in a grossly negligent manner or acts or
32 omissions not performed in good faith. A public agency
33 employing such a fir.`,f, hteT peliee effieer- of ather 6w
34 e~fer-ee f ent effieer-, FA►4-T/1 /11-, eT- /1z an
35 employee shall not be liable for civil damages if the
36 fire .„'hte-r, peliee effieer or- ether- lam enforeeffien
37 effieer-; EM A-, EM 14-, or /-P employee is not liable.
O
98 250
ra r
r
4
Senate Bill No. 131
CHAPTER 15
An act to add Chapter 12.48 (commencing with Section 8879) to
Division 1 of Title 2 of the Government Code, and to add Article 4.9
(commencing with Section 180} to Chapter 1 of Division 1 of the
Streets and Highway Code,relating to earthquake relief and seismic
retrofit by providing the funds necessary-therefor through the issu-
ance and sale of bonds of the State of California and by providing for
the handling and disposition of those funds,making an appropriation
therefor, and declaring the urgency thereof, to take effect immedi-
ately.
[Approved by Governor March 15, 1994. Filed with
Secretary of State March 15, 1994.]
LEGISLATIVE COUNSEL'S DIGEST
SB 131, Roberti. Earthquake Relief and Seismic Retrofit Bond
Act of 1994.
The existing Natural Disaster Assistance Act requires the Director
of Emergency Services to administer a program that provides
financial assistance to local agencies for the repair, restoration, or
replacement of real property of the agency that is damaged or
destroyed by a natural disaster. In addition, various state programs
and funds provide, or have provided, natural disaster assistance to
state and local agencies as well as private individuals and entities,
including the California Earthquake Safety and Housing
Rehabilitation Bond Act of 1988 and the Earthquake Safety and
Public Buildings Rehabilitation Bond Act of 1990.
This bill would enact the Earthquake Relief and Seismic Retrofit
Bond Act of 1994 to authorize $2,000,000,000 in state general
obligation bonds for. (1) the repair, renovation, reconstruction,
replacement, or retrofit of transportation facilities and other public
infrastructure, including schools, hospitals, utilities, sewers, and
emergency centers, damaged by the January 17, 1994, Northridge
earthquake, (2) earthquake hazard mitigation projects for public
buildings and facilities in the Counties of Los Angeles, Orange, and
Ventura, (3) the seismic retrofit of state-owned transportation
facilities throughout the state,and (4) housing repair loans to address
the effects of the January 17, 1994, Northridge earthquake. The bill
would specify the administrative procedures with respect to
allocations made for these purposes. It would also appropriate funds
available from certain higher education bond acts, not to exceed a
combined total of $75,000,000, to the University of California, the
California State University, and the California Community Colleges
for allocation by the Department of Finance to meet allocation
requirements for federal matching grants to repair, replace,
89 90
Ch. 15 —2—
reconstruct,
2—reconstruct, renovate, or retrofit on-campus buildings or facilities,
including utilities, and streets and roads, damaged by the January 17,
1994, Northridge earthquake. The bill would provide for the
submission of the act to the people at the June 7, 1994, statewide
primary election and would become operative upon adoption by the
voters at that election.
. Existing law provides for the authorization of various projects for
the repair and retrofit of state infrastructures affected by
catastrophe.
This bill would revise permitting. requirements for projects
necessary for the public peace, health, or safety, would create an ad
hoc earthquake emergency and seismic retrofit permit review panel
to hear and approve or deny appeals of local agencies subject to
conditions by permitting agencies, and would exempt specified
retrofit projects from various requirements.
This bill would declare that it is to take effect immediately as an
urgency statute.
The bill would become operative only if Senate Bill 805 is
chaptered.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Chapter 12.48 (commencing with Section 8879) is
added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER 12.48. EARTHQUAKE RELIEF AND SEISMIC RETROFIT
BOND ACT OF 1994
Article 1. General Provisions
8879. This chapter shall be known as the Earthquake Relief and
Seismic Retrofit Bond Act of 1994.
8879.1. The Legislature finds and declares all of the following:
(a) The Northridge earthquake of January 17, 1994, caused
personal losses and damage to infrastructure and property resulting
in relocations and severe disruption of livelihood.
(b) It is in the best interest of the state to provide, to the greatest
extent feasible, resources to address the disruptions and dangerous
situations that continue to exist.
8879.2. As used in this chapter, the following terms have the
following meanings:
(a) "Board" means any department receiving an allocation from
the Department of Finance.
(b) "Committee" means the Earthquake Relief and Seismic
Retrofit Finance Committee created pursuant to Section 8879.7.
(c) "Fund" means the Earthquake Relief and Seismic Retrofit
Bond Fund of 1994 created pursuant to Section 8879.3.
89 130
Ch. 15
(d) "January 17, 1994, Northridge earthquake" means the
earthquake of that date and any resulting aftershocks.
Article 2. Earthquake Relief and Seismic Retrofit Bond Fund
and Program
8879.3. The Earthquake Relief and Seismic Retrofit Bond Fund of
1994 is hereby created in the State Treasury. The proceeds of bonds
F issued and sold pursuant to this chapter for the purposes specified in
w this chapter are hereby appropriated, without regard to fiscal years,
to'the Department of Finance for allocation in the following manner:
(a) One hundred forty-five million dollars ($145,000,000) for
transportation costs associated with the recovery from the January
17, 1994, Northridge earthquake. Funds may be used to match any
available federal funds for transportation purposes or may be used
without matching federal funds .to repair, reconstruct, replace, or
retrofit transportation facilities, roadways, structures, and
equipment in the area affected by the earthquake. Funds may also
be used to provide alternative transportation capacity and
transportation management needed to'mitigate the effects of the
earthquake, and to reimburse, upon the order of the Director of
Finance, the General Fund or special funds for expenditures made
for the purposes set forth in this subdivision prior to the approval,
sale, and issuance of earthquake relief bonds. Expenditures from the
fund for transportation purposes shall be approved by the Director
of Transportation and reported within five days of approval to the
Director of Finance and the California Transportation Commission.
(b) Two hundred sixty-five million dollars ($265,000,000) for
allocation to cities, counties, school districts, and other local
government agencies, except community college districts, and to
state agencies, for the costs of repair, renovation, reconstruction;
replacement, relocation, or retrofitting of public infrastructure,
including schools, buildings and facilities, hospitals, utilities, sewers,
streets and roads, and emergency centers damaged as a result of the
January 17, 1994, Northridge earthquake. These funds may, in
addition, be used to match any available federal funds for these
purposes in the Counties of Los Angeles, Orange, and Ventura, and
to reimburse, upon order of the Director of Finance, the General
Fund or special funds for expenditures made for the purposes set
forth in this subdivision prior to the approval, sale, and issuance of
earthquake relief bonds.
For purposes of this subdivision, "public infrastructure" does not
include any vehicular bridges, roadways, highways,,or any facility or
building owned by the University of California, the.California State
University, or a community college district or campus.
(c) Sixty-five million dollars ($65,000,000) for the purpose of
financing the cost of earthquake hazard mitigation projects for
- - - public buildings and facilities in the Counties of Los Angeles,Orange,
130 89 150
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Ch. 15 —4—
and
4—
and Ventura, and to reimburse, upon order of the Director of
Finance, the General Fund or special funds for expenditures made
for the purposes set forth in this subdivision prior to the approval,
sale, and issuance of earthquake relief bonds. For these projects,
allowable-earthquake hazard mitigation costs shall include the cost
of repair, renovation, replacement, retrofit, or relocation for the
purposes of reducing the risk of future damage, hardship, or loss
arising from future seismic activity. The Director of Finance shall
establish priority for allocation of these funds.
For purposes of this subdivision, "public buildings and facilities"
means any building or structure owned by a public agency, except
for vehicular bridges,roadways,highways, or any facility or building
owned by the University of California, the California State
University, or a community college district or campus.
(d) (1) Nine hundred fifty million dollars ($950,000,000) for the
seismic retrofit of state-owned highways and bridges throughout
California. Funds allocated for this purpose shall be deposited in the
Seismic Retrofit Account and, upon deposit, are continuously
appropriated to the Department of Transportation. Funds may be
used to match any available federal funds for transportation purposes
or may be used without matching federal funds to reconstruct,
replace, or retrofit state-owned highways and bridges.
(2) Funds described in paragraph (1) shall not be used to offset
or replace funds previously reserved in the 1992 State Highway
Operation and Protection Program for seismic retrofit referred to as
previously reserved retrofit funds. The unexpended portions of the
previously reserved retrofit funds are further set forth in Exhibit B
entitled .1994 SHOPP Fund Reservation Summary it the proposed
1994 State Highway Operation and Protection Program forwarded
by the Department of Transportation to the California
Transportation Commission on January 31, 1994.
(3) Funds described in this subdivision shall be'spent for the
seismic retrofit of state-owned toll bridges in an amount equal to the
proportion of the total estimate of cost for retrofit of the toll bridges
to the total estimate of cost for all state-owned bridges, but in no 4
event less than 40 percent of the funds described in this subdivision.
For purposes of this foregoing calculation, there shall be deducted
those'funds to be reserved for seismic retrofit as set forth on Exhibit
B entitled 1994 SHOPP Fund Reservation Summary in the proposed
1994 State Highway Operation and Protection Program forwarded
by the Department of Transportation to the California
Transportation Commission of January 31, 1994. The total amount of
those funds is four hundred nineteen million five hundred thousand
dollars ($419,500,000). All estimated costs required by this
subdivision shall mean the costs estimated by the Department of
Transportation effective July 1, 1994, which estimates shall be
forwarded to the California Transportation Commission prior to July
5, 1994.
89 170
r —5— Ch. 15
(e) (1) Five hundred seventy-five million dollars ($575,000,000)
for transfer,to the California Disaster Housing Repair Fund, shall be
made available upon approval of the Director of Finance, for the
purposes authorized pursuant to Section 50661.5 of the Health and
Safety Code in order to implement the programs established in
Sections 50662.7 and 50671.6 of the Health and Safety Code.
Notwithstanding any other provision of law, these funds may be
expended for any of the purposes authorized in Sections 50661.5,
50662.7, and 50671.6 of the Health and Safety Code, to address the
effects of the January 17, 1994, Northridge earthquake. However,no
funds transferred pursuant to this paragraph shall be expended for
the purposes authorized in Section 50671.5 of the Health and Safety
! Code. No more than 15 percent of the funds expended pursuant to
this subdivision may be expended for administrative costs.
(2) The Legislature may,from time to time, amend the provisions
of law relating to programs to which funds are, or have- been,
l allocated pursuant to this subdivision for the purpose of improving
the efficiency and the effectiveness of the programs.The Legislature
may also, from time to time, amend the provisions of law relating to
programs to which funds are,,or have been,allocated pursuant to this
subdivision for the purpose of furthering the goals of those programs.
(3) The people of the State of California.hereby find and declare
that the words "develop, construct, or acquire," as used in Section 1
of Article XXXIV of the California Constitution, shall not be
interpreted to apply to activities of a state public body when-that
body undertakes any of the activities permitted in Section 50671.6 of
the Health and Safety Code, including, but not limited to,
reconstruction of rental developments of comparable size on
comparable sites in the immediate neighborhood where the rental
development previously existed.
(f) Notwithstanding subdivisions (a), (b), and (c) in order to
ensure efficient and appropriate use of bond proceeds for
jearthquake relief as authorized in subdivisions (a), (b), and (c), the
Director of Finance may revise the amounts expressly allocated in
j subdivisions (a), (b), and (c), and reallocate these funds among
subdivisions (a), (b), and (c). In addition, the director may
reallocate funds allocated under subdivision (a) to subdivision (d).
1 However, no revision or reallocation of funds authorized by this
subdivision shall be made until 15 days after written notice to the
Chair of the Joint Legislative Budget Committee and the chairs of
the fiscal committees of both houses of the Legislature.
(g) The Department of Finance shall notify in writing the Chair
!� of the Joint Legislative Budget Committee and the chairs of the fiscal
committees of both houses of the Legislature at the end of each
month regarding any allocations of funds pursuant to subdivisions
! (a), (b), (c), (d), and (e).
(h) Use of any funds authorized in subdivision (a), (b), (c), or (d)
for replacement or relocation of any facilities shall be authorized to
S9 170 89 200
i
i
Ch. 15 —6—
provide
6—provide new facilities that may have a size or capacity that is greater
than the size or capacity of the damaged facilities being replaced to
the extent that.this increase is beneficial to the intended use of the
replacement facility and may be accomplished on a .cost-efficient
basis.
Article 3. Fiscal Provisions
8879.5. Bonds in the total amount of two billion dollars
($2,000,000,000), exclusive of refunding bonds, or so much thereof as,
is necessary, is hereby authorized to be issued and sold for carrying
out the purposes expressed in this chapter and to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to ,
Section 16724.5. All bonds herein authorized which have been duly
sold and delivered as provided herein shall constitute valid and
legally binding general obligations of the State of California, and the
full faith and credit of the State of California is hereby pledged for
the punctual payment of both principal and interest thereof.
8879.6. The bondsauthorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4), except Section 16727 and all
of the other provisions of that law as amended from time to time
apply to the bonds and to this chapter and are hereby incorporated
in this chapter as though set forth in full in this chapter.
8879.7. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter,the Earthquake Relief and Seismic
Retrofit Finance Committee is hereby created. For the purposes of
this chapter, the.Earthquake Relief and Seismic Retrofit Finance
Committee is "the committee" as that term is used in the State
General Obligation Bond Law. The committee consists of the
Treasurer,,the Controller, the Director of Finance, the Director of
General Services, and the Secretary of the Business, Transportation
hs,t ►;tR and Housing Agency, or a designated representative of each of those
officials. The Treasurer shall serve as the chairperson of the
committee. A majority of the committee may act for the committee.
(b) The committee may adopt guidelines establishing
requirements for administration of its financing programs to the
extent necessary to protect the validity of, and tax exemption for,
interest on the bonds. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.
(c) For the purposes of the State General Obligation Bond Law,
any department receiving an allocation from the Department of
Finance is designated to be the "board."
8879.8. Upon request of the board stating that funds are needed
for earthquake' relief purposes, the committee shall determine
whether or not it is necessary or desirable to issue bonds authorized
I
89 220
-7— Ch. 15
I
pursuant to this chapter in order to carry out the actions specified in
Section 8879.3, and, if so, the amount of bonds to be issued and sold.
Successive issues of bonds may be authorized and sold to carry out
those actions progressively, and be sold at any one time. Bonds may
bear interest subject to federal income tax.
8879.9. There shall be collected annually in the same manner and
at the same time as other state revenue is collected, a sum of money
in addition to the ordinary revenues of the state,sufficient to pay the
principal f
ipal of, and interest on, the bonds as provided herein, and all
officers required by law to perform any duty in regard to the
collections of state revenues shall collect that additional-sum.
8879.10. Notwithstanding Section 13340, there is hereby
appropriated from the General Fund in the State Treasury, for.the
purposes of this chapter, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of, and
y interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum which is necessary to carry out Section 8879.12,
appropriated without regard to fiscal years.
8879.11. The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account,
in accordance with Section 16312, for purposes of this chapter. The
amount of.the request shall not exceed the amount of the unsold
bonds which the committee has,by resolution, authorized to be sold
for the purpose of this chapter,less any amount withdrawn pursuant
to Section 8879.12. The board shall execute any documents as
required by the Pooled Money Investment Board to obtain and repay
_Q the loan. Any amount loaned shall be, deposited in the fund to be
allocated by the Director of Finance in ccordance with this chapter.
8879.12. For the purpose of carrying out this chapter, the
Director of Finance may, by executive order, authorize the
i withdrawal from the General Fund of any amount or amounts not to
exceed the amount of the unsold bonds which the committee has,by
resolution, authorized to be sold for the purpose of carrying out this
chapter. Any amounts withdrawn shall be deposited in the
Earthquake Relief and Seismic Retrofit Bond Fund of 1994: Any
money made available under this section shall be returned to the
i General Fund,plus the interest that the amounts would have earned
i in the Pooled Money Investment Account, from money received
from the sale of bonds which would otherwise be deposited in that
i fund.
8879.13. The bonds may be refunded in accordance with Article
6 (commencing with Section 16780) of the State Obligation Bond
Law. Approval by the electors of this act shall constitute approval of
any refunding bonds issued pursuant to the State General Obligation
Bond Law.
^ 8879.14. Notwithstanding anything in the State General
19 220 89 250
i
Ch. 15 —8—
Obligation
8—
Obligation Bond Law, the maximum . maturity of any bonds
authorized by this chapter shall not exceed 30 years from the date of
each respective series.The maturity of each series shall be calculated
from the date of each series.
8879.15. The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by this
chapter are not "proceeds of taxes" as that term is used in Article
XIII B of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by that article.
8879.16. Notwithstanding any provision of the State General
Obligation Bond Law with regard to the proceeds from the sale of
bonds authorized by this chapter that are subject to investment
under Article 4 (commencing with Section 16470) of Chapter 3 of
Part 2 of Division 4, the Treasurer may maintain a separate account
for investment earnings, order the payment of those earnings to
comply with any rebate requirement applicable under federal law,
and may otherwise direct the use and investment of those proceeds
so as to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this
state.
SEC. 2. The Treasurer is hereby authorized, for purposes of
complying with federal tax requirements relating to the bonds
authorized by Section 1 of this act,to declare the official intent of the
state to use proceeds of these bonds to reimburse the General Fund
or special funds for expenditures for earthquake relief made from
these funds prior to the approval, sale, and issuance of earthquake
relief bonds.
SEC. 3. Any funds available from the 1988 Higher Education
Capital Outlay Bond Fund, the Higher Education Capital Outlay
Bond Fund of June 1990, and the Higher Education Capital Outlay
Bond Fund of June 1992, not to exceed a combined total of
seventy-five million dollars ($75,000,000),are hereby appropriated to
the University of California, the California State University, and the
California Community Colleges to be allocated by the Department
of Finance to meet the timely allocation of matching grants to repair,
r
replace, reconstruct, renovate, or retrofit on-campus buildings or
facilities,including utilities, and streets and roads, damaged by the
January 17, 1994, Northridge earthquake.
The Department of Finance shall notify in writing the Chair of the
Joint Legislative Budget Committee and the chairs of the fiscal
committees of both houses of the Legislature at the end of each
month regarding any allocations of funds pursuant to this section. 1
SEC. 4. Section 1 of this act shall become operative upon
adoption by the people of the Earthquake Relief and Seismic Retrofit 3
Bond Act of 1994 as set forth in Section 1 of this act. I
SEC. 5. (a) Notwithstanding Section 3525 of the Elections Code, t
Section 1 of this act shall be submitted to the voters at the June 7,
1994, direct primary election. I
89 270
Ch. 15
i
I
i (b) The Secretary of State shall ensure the placement of Section
1 of this act on the June 7, 1994, statewide ballot, in substantial
compliance with any statutory time requirements applicable to the
submission of statewide measures to the voters at a statewide
election.
(c) Notwithstanding Section 3531 of the Elections Code, the
Attorney General shall prepare and return to the Secretary of State
a ballot title for the bond act contained in Section 1 of this act within
five days after the effective date of this act.
(d) Notwithstanding Section 3572 of the Elections Code, the
Legislative Analyst shall prepare an impartial analysis of the bond act
contained in Section 1 of this act within five days after the effective
date of this act, but the analysis shall not be submitted to a review,
committee.
(e) The Secretary of State shall include, in the ballot pamphlet
mailed pursuant to .Section .3578 of the Elections Code, the
i information specified in Section 3570 of that code regarding the bond
_................. act contained in Section 1 of this act.
If that inclusion is not possible, the Secretary of State shall publish
a supplemental ballot pamphlet regarding the bond act to be mailed
with the ballot pamphlet. If the supplemental ballot pamphlet
cannot be mailed with the ballot pamphlet, the supplemental ballot
j pamphlet shall, notwithstanding Section 3578 of the code, be mailed
at least 14 days before the election.
(f) Notwithstanding any other provision of law,including Sections
10218 and 10219.5 of the Elections Code, and Section 5 of Senate Bill
190 0£the 1993-94 Regular Session of the Legislature,Section 1 of this
act shall appear as Proposition 1A as the first proposition on the
ballot, the School Facilities Bond Act of 1994, as proposed by Senate
Bill 190, of the 1993-94 Regular Session, shall appear as Proposition
N 1B as the second proposition on the ballot,and the Higher Education
Facilities Bond Act of June 1994, as proposed by Senate Bill 46, of the
1993-94 Regular Session, shall appear as Proposition IC as the third
i Proposition on the ballot. If any of these acts is not submitted to the
Secretary of State, those acts that are submitted shall be placed on
the ballot in the same order as indicated above, numbered as
Proposition 1A or Proposition 1A and Proposition 1B.
SEC. 6. Notwithstanding any other provision of law, all ballots of
the election shall have printed thereon and in a square thereof, the
words: "Earthquake Relief and Seismic Retrofit Bond Act of 1994",
and in the same square under those words, the following in 8-point
type: "This act provides for a bond issue of two billion dollars
i ($2,000,000,000) to provide funds for an earthquake relief and seismic
retrofit program." Opposite the square, there shall be left spaces in
which the voters may place a cross in the manner required by law
to indicate whether they vote for or against the act.
------------- Where the voting in the election is done by means of voting
-------------- machines used pursuant to law in the manner that carries out the
270 89 300
Ch. 15 — 10—
intent of this section, the use of the voting machines and the
expression of the voters' choice by means thereof are.in compliance
with this section.
SEC. 7. (a) The Legislature finds and declares that the
completion of seismic safety retrofit work is essential to the welfare
and economy of the State of California.
(b) It is the intent of the Legislature to ensure that the work be
completed as quickly as possible.
(c) In order to avoid delays in the completion of the work, it is
necessary that certain statutes that would otherwise be applicable be
temporarily suspended.
(d) The.Department of Transportation shall report at the end.of
each calendar quarter to the Joint Legislative Budget Committee
and the committees in each house of the Legislature that consider
transportation issues regarding the department's progress .toward
completion of seismic safety retrofit projects.
SEC. 8. Article 4.9 (commencing with Section 180) is`added to
Chapter 1 of Division 1 of the Streets and Highways Code, to read:
Article 4.9. Seismic Retrofit
180. (a) For the purposes of this article, "project" means any
activity of seismic retrofit work that includes either the structural
modification of an existing highway structure or the replacement of
a highway structure by a newly constructed structure meeting
seismic safety requirements.
(b) For the purpose of this article:
(1) "Permit" includes any permit, authorization, approval, or
consent in any form.
(2) "Permitting agency" includes any city, county, city and
county, and any state or local public agency. j
180.1. (a) Projects under this article shall not be subject to the
provisions of Chapter 1 (commencing with Section 10100) of Part 2
of Division 2 of the Public Contract Code, except the following:
(1) Article 1.5 (commencing with Section 10115) of Chapter 1 of
Part 2 of Division 2 of the Public Contract Code, as to projects not
subject to the provisions of Part 23 of Title 49 of the Code of Federal
Regulations.
(2) Section 10128 of the Public Contract Code.
(3) Article 9 (commencing with Section 10280) of Chapter 1 of
Part 2 of Division 2 of the Public Contract Code.
(4) Article 10 (commencing with Section 10285) of Chapter 1 of
Part 2 of Division 2 of the Public Contract Code.
(b) Projects undertaken by a local agency under this article shall
not be subject to the Local Agency Public Construction Act (Chapter
1 (commencing with Section 20100) of Part 3 of Division 2 of the
Public Contract Code).
(c) Projects under this article shall be performed under contract
89 320
i
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Ch. 15
awarded to the lowest responsible bidder, except that they may be
done by day labor under the direction of the department or local
agency,by contract upon informal bids,or by a combination thereof,
j inthe discretion of the department or local agency.'
180.2. Projects under this article for the structural modification of
an existing highway structure- or the replacement of a highway
structure by a newly constructed highway structure within an
existing right-of-way shall `be considered, to ,be activities under
--__"---- paragraph (4) of subdivision (b) of Section 21080 of the Public
Resources Code.
180.3: (a) There is hereby created an ad hoc earthquake
emergency and seismic retrofit permit review panel that shall consist
of the Secretary of the Business; Transportation and °Houging
Agency, the Secretary for Environmental Protection, and the
Secretary of the Resources Agency.
(b) The panel shall hear and approve or deny appeals for time
extensions from permitting agencies requested pursuant to Section
180.4, and shall hear and approve or ,deny appeals from the
department or local agency requested pursuant to Section 180.5.
180.4. (a) Notwithstanding any other provision of law, within 15
working days of receiving an application from the department or
local agency for a permit for any project subject to this article, a
permitting agency shall issue the permit with any conditions the
permitting agency deems necessary or shall deny the permit.
(b) If the permitting agency fails to act upon the permit within
15 working days, the permit shall be deemed approved, unless the
earthquake emergency and seismic retrofit permit review panel
grants a time extension pursuant to Section 180.3. If the permitting
agency is unable to issue or deny a permit within 15 working days,
it may file an appeal for a time extension with the panel.
(c) Any permitting agency affected by.this article may adopt
procedures for expedited permits.
180.5. (a) If the permitting agency denies a permit, or if the
department or local agency determines that a permit issued
I pursuant to Section 180.4 imposes unreasonable conditions that
would lead to a significant delay in a seismic retrofit project, the
department or local agency may file an appeal with the earthquake
emergency and seismic retrofit permit review panel.
(b) Notwithstanding any other provision of law, if, at a duly
noticed public meeting, the panel reviews a permit or a denial of a
permit for which the department or local agency had filed an appeal
pursuant to subdivision (a),and finds that the project is necessary for
the preservation of the public peace, health, or safety within the
meaning of Article IV of the California Constitution, the panel may
waive the permit,amend any condition established by the permit,or
issue a permit that has been denied by the permitting agency.
180.6. Projects under this article are not subject to" Chapter 10
(commencing with Section 4525) of Division 5 of Title 1, or Chapter
----------
89
-----__ 89 320 89 350
Ch. 15 — 12-
6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title
2 of the Government Code, or of Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract Code.
SEC.9. Section 8 of this act is severable from the other provisions
of this act so that if the inclusion of the provisions of Section 8 is held
to violate Section 9 of Article IV of the California Constitution,
Section 8 of this act shall become inoperative.
SEC. 10. This act shall become operative only if Senate Bill 805
is chaptered.
SEC. 11. 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 that specified provisions of this act may properly
be operative upon adoption by the voters at the direct primary
election to be held on June 7, 1994, and that funds for earthquake
repairs at state higher education institutions may be made available
without delay, it is necessary that this act take effect immediately.
89 360
r
i
S v
j AMENDED IN ASSEMBLY MAY 18, 1994
AMENDED IN ASSEMBLY APRIL 4, 1994
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILI. No. 3701
Introduced by Assembly Member Ferguson
February 25, 1994
Aft aet t-e amend 8eetiees 818-8, 822-2, 83(h 830.4, An act to
amend Section 831.213 aed 831.7 of the Government Code,
relating to public liability.
LEGISLATIVE COUNSEL'S DIGEST
AB 3701, as amended, Ferguson. Public liability + e. -es.
+1+ ENisting Iftw prudes that a pie entity aed; with
preserrib s; a ptblie ift the seepe
of b6 er her empleyffient is ee+ liable fer an tRjttr-y ea ase by
ae .
WR rld � ea r fer p eves of this
pre isie�}; iee�es pfeper.y daffiage; eT
eerie t
(-2-}- Emil kw pfe es t a pftbRe extitypis herble fat '
r ,t(K`-,'kali nju 43,ya of its pro
perty
provided r_.ain e6nditie ale met. these
eistb3g6w defies a dmgerei eerier as a eeeditlee of
preperty that er-eaa risk of iiiwheii the
p epery er a i eek i� used with doe sere in
tRafifter ift whieh it is reetseftably f9re.,eett .,.. that it wi14 be
used.
This b4 wetld previde that the eery -ef a jfteent
preps set be IF- :a ..a del -------==o the
publie property ee whiehthe iftjttry. has oeeeffed is ifr a
ngeretts . Woeld ab® fftftke ela��ifyi g ebae~geg-
-( - EA494ftg law &peeifies t it er-eus eenditieft Bees
97 80
q
G
AB 3701 — 2 — I y
not east fot purposes of publie liability merely
beeaof the faiktrre to Preyi €ie signals and readsigns-
bill would emtend the of ttis to
the feAttrre to prude roadway light
*4+ Existing law provides that neither a public entity nor
a public employee is liable for an injury caused by a natural.
condition of unimproved public property.' Existing law ,
specifies that public beaches shall be deemed to be in a '
natural condition and unimproved notwithstanding the
provision or absence of public safety services, as specified.
This bill would extend the applicability of this provision to
public property, as specified.
EN44iftg Iftw preserrib severral hetzetrdei reereatie
r„etMties feT- purposes of ptibl4e entRy aftd peblie
b14 would ire bieyele tsid�ftg, reller skating and
relle Wading, a ging ether aetiyities3 as
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The-people of the State of California do enact as follows.
1 SEGPON -1- Seetien 818:8 of the Ge _.., Gede
2 is amended to read., �
3 818:8. -Eat- - publie entity is net liable f(w ai+y
4personal 3 ty dam of
5 -y- 6attsed by setitatieft, by aft
6 tke poblie entity- whew er not the
7 be __met or :..teat: e
8 jb} .fit is the ieteet of the Lslatr to arbrzegft€e the
9 heldings of Johann -v State of +69 Gal-. 2d 742*
10 afid Garreia v: Superier Gest -fes Gal. ad to the
11 extent th4 dixey relate to this a^ 4-
12 SEG: 2- Seetien 822.2 of the G e , r-ii .,,,et t Code is
13 afftend to
14 822:2- {a+ A ptibl4e epee ezeting ift the seepe of
15 his or } ef effipleyffient is not liable few
16 ineludi
17 in�ttry, eansed by his of l , whether
97 110
- - - -
..-.. - - - • - : : r : �.
I
o
.•• _ . t . . t R...WWI#0 0•W.dinw.,rw .•
- - -
ON;R,. - - -; -
- - -
ME
Ma AM
r
:. a Z
owl
•
I . . . '
ilaiiiii AS
•
11 • o -
AB 3701 — 4 -
1
4 -1 is amended to read:
2 831.21. (a) Public property shall be deemed to be in -
3 a natural condition and unimproved notwithstanding the
4 provision or absence of public safety services including,
5 but not limited to, lifeguards, police or sheriff patrols,
6 medical services, fire protection services, beach cleanup
7 services, or signs. This section applies only to natural,
8 conditions of public property and does not limit any
9 liability or immunity that may otherwise exist pursuant to
10 this division. 1
11 (b) This section shall. only be applicable to causes of 1
12 action based upon acts or omissions occurring on or after 1
13 January 1, X988 1995. 1
14 SEG. 6: Seeten 831.7 of the G,.yer-..,..V..ent Gede is 1
15 to l
16 831.7. +a+ Newer it pttb4e entity, ner- a pie l
17 effipleyee is liable to any per-seft who patieipain a 1
18 at ae6-#4y, ineluditig afty persen
19 who mists the , of to ae whe knew 1
20 or have knewii that the hazardei
21 reereatie aetiv4y ereated a stabs a tW risk ofwy to
22 . 1itfsel€e-hersel€aed was veltintar-ily itt the plaee of
23 eT hang the abiity to do se €ailed to leave, feTr aey
24. Ela—mage eT- inittry t-e of persens "ising eot of
25 that hazerdees r ^ ettie ,,, aetivity.
26 +13* As used � this seetion; " �g reere,.t a
28 preperty of a publie entity tliat er-eates a sebsta al +as
29 distingtti fi-em a mor; trial; e- ins gn f e r��
30 of injxr-y to a paftieipaoT- a speetater.-:
31 "Hazard „tie ,,, aeti-vxa6e
33 where of 4 a tie when €egttards aye eat provided and
34
��a���ereo€has heeft g4yeft or the injured
35 paT-t-y bye knewft that there wets fte
36 lied at the
37 {-2} A-my ferm of ding ate water &effi ether thatr it
38 diviftg beard e- Eliving -'--'Efe ; or at any plaee eT- freffi
39 sty-t ettt- - Micre is prof and reetsettab,..
40 wf thee€ has been giveft-
97 150
1
i :e. i •• • .• :. • . . • . . .
•
t iNx M. -.• : it : i
•
s AW
•
e - WAM
- - - : -
- - :WA
-
•
• 1
AB 3701 — 6 -
1
6 -1 { 4} pametge of 4e ezfty ease where eke
2 e entAy ep r-eek4es* or with gfess
3 ftegligett p=emeted the paAieipa 4t or
4 of et hetzardei reereatie &etivity. purposes of 016
7 the ewej4able fomes emd ser-Aees on the preper-ty does
8 in 4tsea reekless of gressly
9
10 An fte+ e€ gross �e p4 i oc ftee by a publie entRy e - f
11 publie empleyeee week is the eaese of the
12
13 Nedting 4e thie subdiv4si ereates a dtAy e€-eare e-
14 basis of }iab4ity feT- per-se injury ef f;gr- age to
15 personal e
16 {f4 NeO*ig in this seetien sha4 lifnit the}iabfl4t-f of aft
17 indepeft eetteessienaire, of aity per-sen ef
18 orgattiza eta Omn the pie eftSty, whetherof not
19 the permsen a has a :, ntro et , relationship
20 the ptblie entity to uje the publie preperty
21 des of Elamages stter-ed it .ease as a restAlt e€the
23 property by the nairme, person, or .
O
97 180