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CA SB1374

Bill

Status

Introduced

2/24/2012

Primary Sponsor

Lou Correa

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Adds Civil Code Section 1713.5 to provide an affirmative defense against civil liability for persons who sought and relied upon written orders, rulings, approvals, interpretations, or enforcement policies from state agencies

  • Defense applies when a person can prove they sought applicable guidance from the state agency charged with interpreting that area of law and conformed to the guidance provided

  • Defense remains available even if the relied-upon agency guidance is later modified, rescinded, or deemed invalid by a court, unless the violation occurred after such change

  • Applies retroactively to all actions and proceedings without final judgment as of January 1, 2013, regardless of when the alleged act or omission occurred

  • Clarifies that the section does not require state agencies to issue guidance and does not give greater legal weight to agency guidance than it would have otherwise

Legislative Description

Liability: good faith reliance on administrative

Last Action

Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 3459.)

5/8/2012

Committee Referrals

Judiciary3/8/2012
Rules2/24/2012

Full Bill Text

No bill text available