State Government.

Senators Laird and Allen propose substantial changes to California's legal framework for childhood sexual assault claims and educational financing mechanisms. The legislation modifies statutes of limitations, heightens liability standards for public entities, and expands emergency funding options for educational institutions.

For claims involving childhood sexual assault that occurred before January 1, 2024, the bill reduces the discovery period from five to three years after a plaintiff realizes psychological injury resulted from the assault. Claims against public entities filed by plaintiffs aged 40 or older must now demonstrate gross negligence rather than ordinary negligence. The legislation also establishes a January 1, 2026 deadline for filing claims related to incidents at the MacLaren Children's Center and certain Los Angeles County juvenile facilities.

The bill implements new procedural requirements, mandating that plaintiffs aged 40 or older file certificates of merit from both their attorney and a licensed mental health practitioner concurrent with their complaint. A court-appointed special master must verify these certificates before settlement funds can be distributed.

For educational institutions facing fiscal challenges, the legislation extends the maximum repayment period for emergency apportionments from 20 to 30 years. School districts must consult with county superintendents and the County Office Fiscal Crisis and Management Assistance Team when developing repayment schedules, which require Department of Finance approval. The bill also creates a framework for educational entities to participate in state or local funding intercepts to meet public debt obligations.

The measure prohibits treble damages against public entities in sexual assault cases and authorizes courts to structure judgments for payment over time. For validation of refunding bonds related to tort judgments, the legislation establishes that indebtedness exists upon adoption of relevant resolutions by public agency governing bodies.