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CA AB1558

Bill

Status

Passed

7/13/2012

Primary Sponsor

Mike Eng

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Origin

State Assembly

2011-2012 Session

AI Summary

  • Extends indefinitely the liability exemption for public agencies operating flood control and water conservation facilities for injuries caused by unlined flood control channels or groundwater recharge spreading grounds, removing the previous January 1, 2013 expiration date.

  • Maintains exemption only when injured person was using property for unauthorized purposes and meets five specific conditions, including that the agency operates facilities for a county with over 9 million residents and recharges a groundwater basin serving over 1 million residents.

  • Requires public agencies to post conspicuous warning signs about increases in water flow levels or spreading ground water as a condition of liability exemption.

  • Preserves liability for dangerous property conditions when injured person was not trespassing and the condition created substantial risk of death or serious bodily harm that would not have been apparent to a reasonable person.

  • Preserves liability for injuries to children 16 years old or younger if the condition created substantial risk to children, the child did not appreciate the danger due to immaturity, and the agency had actual knowledge of the condition beforehand.

Legislative Description

Liability: flood control and water conservation

Last Action

Chaptered by Secretary of State - Chapter 110, Statutes of 2012.

7/13/2012

Committee Referrals

Judiciary4/19/2012
Rules3/26/2012
Judiciary2/2/2012

Full Bill Text

No bill text available