BILL NUMBER: SB 1374	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2012

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1374, as introduced, Harman. Liability: good faith reliance on
administrative regulation.
   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
administrative regulation, order, ruling, approval, interpretation,
practice, or enforcement policy of a state agency shall not be liable
or subject to punishment for a violation of a civil statute or
regulation in a judicial or administrative proceeding if the person
pleads and proves to the trier of fact that, at the time the alleged
act or omission occurred, the person was acting in good faith and in
conformity with, and in reliance on, an applicable state agency's
written administrative regulation, order, ruling, approval,
interpretation, practice, or enforcement policy. The bill would
provide that these provisions apply to all actions and proceedings
that have not resulted in a final judgment on or after January 1,
2013, regardless of whether the action or proceeding was commenced,
or based upon, an alleged act or omission that occurred before, on,
or after January 1, 2013.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1713.5 is added to the Civil Code, to read:
   1713.5.  (a) Any person who relies upon a written administrative
regulation, order, ruling, approval, interpretation, practice, or
enforcement policy of a state agency shall not be liable or subject
to punishment for a violation of a civil statute or regulation in a
judicial or administrative proceeding if the person pleads and proves
to the trier of fact that, at the time the alleged act or omission
occurred, the person was acting in good faith and in conformity with,
and in reliance on, an applicable state agency's written
administrative regulation, order, ruling, approval, interpretation,
practice, or enforcement policy.
   (b) (1) The affirmative defense provided in subdivision (a) shall
apply even if, after the alleged act or omission occurred, the
administrative regulation, order, ruling, approval, interpretation,
practice, or enforcement policy upon which the person relied is
modified, rescinded, or determined by judicial authority to be
invalid or of no legal effect.
   (2) The affirmative defense provided in subdivision (a) shall not
apply if the alleged act or omission occurred after the
administrative regulation, order, ruling, approval, interpretation,
practice, or enforcement policy upon which the person relied is
modified, rescinded, or determined by judicial authority to be
invalid or of no legal effect.
   (c) This section applies to all actions and proceedings that have
not resulted in a final judgment on or after January 1, 2013,
regardless of whether the action or proceeding was commenced, or
based upon, an alleged act or omission that occurred before, on, or
after January 1, 2013.
   (d) Nothing in this section shall be construed to give any greater
legal weight to an administrative regulation, order, ruling,
approval, interpretation, practice, or enforcement policy than it
would otherwise have in the absence of this section.