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SENATE BILL 42 (COBEY – 1963)
CHAPTER 1681, STATUTES OF 1963 - SB 42
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Numerous sections relating to liability of public entities and public officers, servants and employees were affected in 1963 following legislative passage of Senate Bill 42. (See Exhibit A, #1i) This measure was introduced on January 10, 1963 by Senator James A. Cobey at the request of the California Law Revision Commission [hereinafter referred to “the Commission” or “CLRC”]. (See Exhibit A, #1a and #6, page 1) Senate Bill 42 received the support of the County Supervisors Association of California and the California State Employees' Association. (See Exhibit A, #8, documents PE‑7 and PE‑9)
Senate Bill 42 was considered by the Senate Committee on Judiciary and the Senate Committee on Finance. (See Exhibit A, #2) In the Assembly, the bill was heard by the Committee on Judiciary and the Committee on Ways and Means. (Id.) Seven amendments were made to Senate Bill 42 during the legislative process. (See Exhibit A, #1b through #1h and #2) Senate Bill 42 was then approved by Governor Edmund G. Brown and recorded by the Secretary of State on July 15, 1963 as Chapter 1681 of the Statutes of 1963. (See Exhibit A, #1i and #2)
The Senate Committee on Judiciary analysis of Senate Bill 42 as last amended on June 15, 1963, described the bill as follows:
Sets forth comprehensive rules governing liability and nonliability of public entities for acts and omissions of public officers, servants, and employees, and independent contractors, and for the condition of public property (not including liability based on contract or right to obtain relief other than money or damages). Sets forth rules relating to liability and immunity of public employees. Sets forth rules governing extent of duty of public entity to pay judgments against its officers, agents, and employees, and duty of public entity to indemnify such personnel and duty of such personnel to indemnify a public entity with respect to claims based on liability within scope of act. Provides rules governing liability of, and contributions and indemnification among, public entities that are parties to a joint exercise of power
agreements for transfer of functions. Amends and repeals numerous provisions now dealing with above matters.
(See Exhibit A, #5, page 72)