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CA SB713

CA SB713
Liability: good faith reliance on administrative ruling.


summary

Introduced
02/22/2013
In Committee
04/03/2013
Crossed Over
Passed
Dead
11/30/2014

Introduced Session

2013-2014 Regular Session

Bill Summary

An act to add Section 1713.5 to the Civil Code, relating to liability.

AI Summary

This bill adds a new section to the Civil Code that provides a defense against liability for individuals or entities who, in good faith, relied on a written ruling, interpretation, or enforcement policy from a state agency or department, except for the Division of Labor Standards Enforcement. To use this defense, the person must prove they sought the relevant written guidance, followed it, and provided truthful information to the agency. This defense remains valid even if the agency's guidance is later changed or invalidated, as long as the alleged violation occurred before that change. The bill also clarifies that it doesn't grant more legal weight to agency guidance than it already has, nor does it require agencies to issue such guidance or issue guidance contrary to existing laws. A similar defense is provided for reliance on guidance from the Division of Labor Standards Enforcement, with the exception that restitution for unpaid wages may still be required. This new provision applies to legal actions starting on or after January 1, 2014.

Committee Categories

Justice

Sponsors (2)

Last Action

Returned to Secretary of Senate pursuant to Joint Rule 56. (on 02/03/2014)

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