Assembly Bill 2377 (Longville – 2000)
Chapter 382, Statutes of 2000, AB 2377
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As enacted in 2000, Assembly Bill 2377 was a single-section bill affecting Welfare and Institutions Code section 4519.7, relating to human services. (See Exhibit #1g) Assembly member John Longville introduced the bill on February 24, 2000. (See Exhibit #1a) The Association of Regional Center Agencies and the Inland Regional Center are noted in the analyses as being the sponsor of this legislation. (See Exhibits #3, page 3 and #9, page 3)
Assembly Bill 2377 was assigned to the Assembly Committee on Human Services and the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #7) Five amendments were made to Assembly Bill 2377, three in the Assembly and two in the Senate. (See Exhibits #1b through #1f and #2) Subsequent to legislative approval, Governor Gray Davis signed the bill on September 8, 2000, and it was recorded by the Secretary of State on September 11, 2000 as Chapter 382 of the Statutes of 2000. (See Exhibits #1g and #2)
The Consent analysis of Assembly Bill 2377 as last amended that was prepared by the Office of Senate Floor Analyses gives the following digest of the bills provisions:
This bill grants to regional center employees that provide services to the developmentally disabled, a qualified immunity from civil liability resulting from the employee’s act or omission where the act or omission was the result of an employee’s good faith exercise of discretion vested in him or her in carrying out the intent of the Lanterman Developmental Disabilities Services Act. The qualified immunity does not apply in cases of gross negligence or where the conduct gives rise to a punitive damages claim or criminal liability.
The bill creates a rebuttable presumption affecting the burden of producing evidence that a regional center employee is acting in good faith when filing a complaint or reporting information as required by law regarding the consumer’s health or safety, or well-being, or participating in a later judicial proceeding.
The bill sunsets on January 1, 2006, and does not change, alter, or affect the liability of a regional center, including, but not limited to, the center’s vicarious liability for an employee’s negligence.
The bill applies to acts or omissions that occur on or after January 1, 2001.
(See Exhibit #9, pages 1 and 2)