SB 505: Civil law: firearms liability and insurance.

Existing law requires any person who purchases or receives a firearm, as specified, to possess a firearm safety certificate. Existing law requires the Department of Justice to develop a written test required for the issuance of a firearm safety certificate. Existing law makes the violation of specified requirements with regard to firearms a misdemeanor or a felony, as specified.

This bill would would, commencing on January 1, 2024, make a person who owns a firearm strictly civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm. This bill would provide that strict liability does not apply if the owner of the firearm has reported their firearm to local law enforcement as lost or stolen prior to the damage, injury, or death. The bill would additionally require a person who owns a firearm to obtain and continuously maintain in full force and effect a homeowners, renters, auto, or gun liability insurance policy specifically covering losses or damages resulting from any negligent or accidental use of that firearm, including, but not limited to, death, injury, or property damage. This bill would require a person to keep written evidence of coverage in the place where a firearm is stored and to carry such evidence with them whenever transporting or otherwise possessing the firearm outside of the place where it is stored. The bill would require the person to present evidence of coverage to a peace officer when requested under specified circumstances. stored. By creating new requirements for firearm owners, violations of which would be punishable as misdemeanors, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Under existing law, it is not unlawful for an employer to withhold or divert a portion of an employees wages when the employer is required or empowered to do so by state or federal law or in other specified cases. Under existing law, the Division of Labor Standards Enforcement is charged with investigating and enforcing violations of the wage laws.

This bill would require require, except as provided, a public employer, as defined, absent fraud, misrepresentation, or theft, to make a good faith effort to consult with an employee to obtain a written authorization to resolve a monetary obligation before utilizing third-party collection services or commencing a civil action. The bill would require the written authorization to include a mutual agreement between the public employer and employee and, to the extent possible, would prohibit that written authorization from placing an undue financial burden upon the employee. The bill would provide that if the written authorization involves a withholding or diversion of an employees wages over a designated period of months, the amount withheld or diverted shall not exceed 5% of the employees monthly gross wages unless this requirement is expressly waived by the employee or it would be inconsistent with a wage agreement, collective bargaining agreement, judgment, or other legal agreement or legal requirement. The bill would provide that the period of time in which the public employer and employee are engaging in consultation is not a part of the time limited for the commencement of a civil action, which the bill would prohibit from exceeding one year from the date the consultation commenced.

Under existing law, it is not unlawful for an employer to withhold or divert a portion of an employees wages when the employer is required or empowered to do so by state or federal law or in other specified cases. Under existing law, the Division of Labor Standards Enforcement is charged with investigating and enforcing violations of the wage laws.

This bill would require an a public employer, as defined, absent fraud, misrepresentation, or theft, to make a good faith effort to consult with an employee to obtain a written authorization to resolve a monetary obligation before utilizing third-party collection services or commencing a civil action. The bill would require the written authorization to include a mutual agreement between the public employer and employee and, to the extent possible, would prohibit that written authorization from placing an undue financial burden upon the employee. The bill would provide that if the written authorization involves a withholding or diversion of an employees wages over a designated period of months, the amount withheld or diverted shall not exceed 5% of the employees monthly gross wages unless this requirement is expressly waived by the employee or it would be inconsistent with a wage agreement, collective bargaining agreement, judgment, or other legal agreement or legal requirement. The bill would provide that the period of time in which the public employer and employee are engaging in consultation is not a part of the time limited for the commencement of a civil action, which the bill would prohibit from exceeding one year from the date the consultation commenced. The bill would specify that its provisions apply to all employers, including the state, political subdivisions of the state, municipal corporations, and municipalities.

Under existing law, it is not unlawful for an employer to withhold or divert a portion of an employees wages when the employer is required or empowered to do so by state or federal law or in other specified cases. Under existing law, the Division of Labor Standards Enforcement is charged with investigating and enforcing violations of the wage laws.

This bill would require an employer, absent fraud, misrepresentation, or theft, to make a good faith effort to consult with an employee to obtain a written authorization to resolve a monetary obligation before utilizing third-party collection services or commencing a civil action. The bill would require the written authorization to include a mutual agreement between the employer and employee and, to the extent possible, would prohibit that written authorization from placing an undue financial burden upon the employee. The bill would provide that if the written authorization involves a withholding or diversion of an employees wages over a designated period of months, the amount withheld or diverted shall not exceed 5% of the employees monthly gross wages unless this requirement is expressly waived by the employee or it would be inconsistent with a wage agreement, collective bargaining agreement, judgment, or other legal agreement or legal requirement. The bill would provide that the period of time in which the employer and employee are engaging in consultation is not a part of the time limited for the commencement of a civil action, which the bill would prohibit from exceeding one year from the date the consultation commenced. The bill would specify that its provisions apply to all employers, including the state, political subdivisions of the state, municipal corporations, and municipalities.