Item 19 - Status Report on Pending Legislation
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AGENDAREPORTSUM~Y
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TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ .
INITIATED BY: John D. Fitch, Assistant City Manage ~
Penny Riley, Senior Management Analys
Brian Jewett, Management Inter
DATE: August 15, 1995
SUBJECT: Status Report on Pending Legislation
ABSTRACT
The League of California Cities has informed the City of the following measure which is
pending in the State legislature: SB 31 (Leslie) Tort Reform.
ENVIRONMENTAL REVIEW
Environmental review is not required for this item under CEQA.
FISCAL IMPACT
There is no fiscal impact associated with this informational report.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Assemblyman Jan Goldsmith; Senator David Kelley; Bob Wilson, the City's Lobbyist; and
the League of California Cities will be mailed a copy of this agenda report.
RECOMMENDATION
It is recommended that the City Council SUDDort SB 31.
ACTION
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CITY OF POWAY
AGENDA REPORT
This report 1, i"cl~d.d on the Consant C.landar. Thera w111 be no ..parate discussion of the raport prior to approval by the City
Council unl... ~mb.r. of the CounC11, staff or public request it to b. removed from the Consant C.landar and dfscuss.d S.parately.
If you wish to hava this rapol"t pulhcl for dhculUfon, pl.... f111 out. slip indicating the raport number and g1va it to the City
Clark prior to the beginning of the City Counc11 meating.
TO: Honorable Mayor and Member~e City Council
FROM: James L. Bowersox, City Ma
INITIATED BY: John D. Fitch, Assistant City Manager~
Penny Riley, Senior Management Analys
Brian Jewett, Management Inter~
DATE: August 15, 1995
SUBJECT: Status Report on Pending Legislation
BACKGROUND
The League of California Cities has informed the City of the following measure
which is pending in the State legislature: SB 31 (Leslie).
FINDINGS
SB 31 (Leslie) - Tort Reform
Senator Leslie introduced SB 31 on December 9, 1994, which would enact several
major reforms to California's civil justice system. This measure would limit the
ability of a criminal to sue others for injuries while committing a felony. It
would also make punitive damages proportional to compensatory damages (no more
than three times damage, plus pain and suffering) and would set aside twenty
percent of punitive damages for plaintiffs. Eighty percent would be allocated,
in equal share, for public safety, reduction of state debt, education and
wildlife preservation. These punitive damages provisions will discourage
expensive lawsuits and unreasonable damages that can cost public agencies
millions of dollars.
Public agencies should be able to offer 911 emergency dispatcher pre-arrival
advice without fear of lawsuits. SB 31 would provide immunity protection for
dispatchers and their public agency employers against unfair lawsuits. Without
the protection prOVided in SB 31, many public agencies are reluctant to offer
such services, since they could be subject to lawsuits.
It is recommended that the City Council support SB 31 because it would provide
much needed tort reform that would benefit public agencies.
ENVIRONMENTAL REVIEW
Environmental review.is not required for this item under California Environmental
Quality Act guidelines.
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Status Report on Pending Legislation
August 15, 1995
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this informational report.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Assemblyman Jan Goldsmith; Senator David Kelley; Bob Wilson, the City's Lobbyist;
and the League of California Cities will be mailed a copy of this agenda report.
RECOMMENDATION
It is recommended that the City Council take the following action:
1. Support SB 31 and direct staff to notify the local Assembly delegation of
the City's support of the measure.
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