SB 713

Bill Subjects

Abstract

Existing law provides that every person is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. Existing law provides that a public employee who acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid, or inapplicable, is not liable for an injury caused thereby, except to the extent that he or she would have been liable had the enactment been constitutional, valid, and applicable. This bill would provide that any person who relies upon a written order, ruling, approval, interpretation, or enforcement policy of a state agency or department, except the Division of Labor Standards Enforcement, shall not be liable or subject to punishment for a violation of a statute or regulation in a judicial or administrative proceeding if the person takes specified actions. This bill would provide that a person who relies on a written order, ruling, approval, interpretation, or enforcement policy of the Division of Labor Standards Enforcement and takes these specified actions shall not be liable or subject to punishment, except for restitution of unpaid wages. The bill would provide that these provisions apply to all actions and proceedings that commence on or after January 1, 2014. Additionally, the bill would state that it would not require a state agency to issue an order, ruling, approval, interpretation, or enforcement policy.