Amended in Senate August 17, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 797


Introduced by Assembly Member Steinorth

February 26, 2015


An act tobegin delete amend Sections 11343.4 and 11349.3 of the Government Code, relating to regulations.end deletebegin insert add Section 43.100 to the Civil Code, relating to civil liability.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 797, as amended, Steinorth. begin deleteRegulations: effective dates and legislative review. end deletebegin insertImmunity from civil liability: entering motor vehicle: rescue of unattended child or animal.end insert

begin insert

Existing law limits the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified.

end insert
begin insert

This bill would prohibit any civil liability or cause of action against a person for damage to a motor vehicle, if the damage was caused while the person was in good faith taking necessary action to enter the motor vehicle for the purpose of rescuing or providing care to an unattended child or animal and it was reasonable to believe that the health or well-being of the child or animal was endangered due to heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child or animal.

end insert
begin delete

The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. That act requires an agency, prior to submitting a proposal to adopt, amend, or repeal an administrative regulation, to determine the economic impact of that regulation, in accordance with certain procedures. The act defines a major regulation as a regulation that the agency determines has an expected economic impact on California business enterprises and individuals estimated to exceed $50,000,000. The act requires the office to transmit a copy of a regulation to the Secretary of State for filing if the office approves the regulation or fails to act on it within 30 days. The act provides that a regulation or an order of repeal of a regulation becomes effective on a quarterly basis, as prescribed, except in specified instances.

end delete
begin delete

This bill would require the office to submit to the appropriate policy committees of each house of the Legislature for review a copy of each major regulation that it submits to the Secretary of State. The bill would add another exception to those currently provided that specifies that a regulation does not become effective if the Legislature passes a statute to override the regulation.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 43.100 is added to the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert43.100.end insert  

There shall not be any civil liability on the part of, and
3no cause of action shall accrue against, a person for damage to a
4motor vehicle, if the damage was caused while the person was in
5good faith taking necessary action to enter the motor vehicle for
6the purpose of rescuing or providing care to an unattended child
7or animal and it was reasonable to believe that the health or
8well-being of the child or animal was endangered due to heat,
9cold, lack of adequate ventilation, or other circumstances that
10could reasonably be expected to cause suffering, disability, or
11death to the child or animal.

end insert
begin delete
12

SECTION 1.  

Section 11343.4 of the Government Code is
13amended to read:

14

11343.4.  

(a) Except as otherwise provided in subdivision (b),
15a regulation or an order of repeal required to be filed with the
16Secretary of State shall become effective on a quarterly basis as
17follows:

P3    1(1) January 1 if the regulation or order of repeal is filed on
2September 1 to November 30, inclusive.

3(2) April 1 if the regulation or order of repeal is filed on
4December 1 to February 29, inclusive.

5(3) July 1 if the regulation or order of repeal is filed on March
61 to May 31, inclusive.

7(4) October 1 if the regulation or order of repeal is filed on June
81 to August 31, inclusive.

9(b) The effective dates in subdivision (a) shall not apply in all
10of the following:

11(1) The effective date is specifically provided by the statute
12pursuant to which the regulation or order of repeal was adopted,
13in which event it becomes effective on the day prescribed by the
14statute.

15(2) A later date is prescribed by the state agency in a written
16instrument filed with, or as part of, the regulation or order of repeal.

17(3) The agency makes a written request to the office
18demonstrating good cause for an earlier effective date, in which
19case the office may prescribe an earlier date.

20(4) (A) A regulation adopted by the Fish and Game Commission
21pursuant to Article 1 (commencing with Section 200) of Chapter
222 of Division 1 of the Fish and Game Code.

23(B) A regulation adopted by the Fish and Game Commission
24that requires a different effective date in order to conform to a
25federal regulation.

26(5) The Legislature passes a statute to override the regulation.

27

SEC. 2.  

Section 11349.3 of the Government Code is amended
28to read:

29

11349.3.  

(a) (1) The office shall either approve a regulation
30submitted to it for review and transmit it to the Secretary of State
31for filing or disapprove it within 30 working days after the
32regulation has been submitted to the office for review. If the office
33fails to act within 30 days, the regulation shall be deemed to have
34been approved and the office shall transmit it to the Secretary of
35State for filing.

36(2) The office shall submit a copy of each major regulation
37submitted to the Secretary of State pursuant to paragraph (1) to
38the appropriate policy committees with responsibility for the
39subject matter of the regulation of each house of the Legislature
40for review.

P4    1(b) If the office disapproves a regulation, it shall return it to the
2adopting agency within the 30-day period specified in subdivision
3(a) accompanied by a notice specifying the reasons for disapproval.
4Within seven calendar days of the issuance of the notice, the office
5shall provide the adopting agency with a written decision detailing
6the reasons for disapproval. No regulation shall be disapproved
7except for failure to comply with the standards set forth in Section
811349.1 or for failure to comply with this chapter.

9(c) If an agency determines, on its own initiative, that a
10regulation submitted pursuant to subdivision (a) should be returned
11by the office prior to completion of the office’s review, it may
12request the return of the regulation. All requests for the return of
13a regulation shall be memorialized in writing by the submitting
14agency no later than one week following the request. Any
15regulation returned pursuant to this subdivision shall be resubmitted
16to the office for review within the one-year period specified in
17subdivision (b) of Section 11346.4 or shall comply with Article 5
18(commencing with Section 11346) prior to resubmission.

19(d) The office shall not initiate the return of a regulation pursuant
20to subdivision (c) as an alternative to disapproval pursuant to
21subdivision (b).

end delete


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