Amended  IN  Assembly  June 16, 2022
Amended  IN  Senate  April 12, 2021
Amended  IN  Senate  April 07, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 505

Introduced by Senator Hertzberg Skinner

February 17, 2021

An act to add Section 224.1 to the Labor Code, relating to employment. 27580 to the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 505, as amended, Hertzberg Skinner. Wages: withholdings: written authorizations. 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 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 homeowner’s, renter’s, 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. 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 employee’s 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, 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 employee’s wages over a designated period of months, the amount withheld or diverted shall not exceed 5% of the employee’s 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 27580 is added to the Penal Code, to read:

27580.
 (a) (1) A person who owns a firearm shall be strictly civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm.
(2) This subdivision does not apply if the owner of the firearm reports the firearm to local law enforcement as lost or stolen prior to the damage, injury, or death.
(b) A person who owns a firearm shall obtain and continuously maintain in full force and effect a homeowner’s, renter’s, auto, or gun liability insurance policy from an insurer as defined by the Insurance Code, 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.
(c) A person who owns a firearm shall keep valid and current written evidence of the coverage described in subdivision (b) readily available at the location where each firearm is stored, and shall carry such evidence whenever the firearm is being transported or otherwise possessed outside the place where it is normally stored.
(d) A person shall present the evidence of coverage described in subdivision (c), upon demand, to a peace officer. A peace officer shall not detain a person solely for the purpose of determining if a person is in compliance with this section, but may request evidence of coverage when otherwise lawfully detaining a person who is in possession of a firearm, or lawfully detaining a person in a location where the person keeps a firearm stored.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 224.1 is added to the Labor Code, to read:
224.1.

(a)Absent fraud, misrepresentation, or theft, a public employer shall make a good faith effort to consult with an employee to obtain a written authorization allowed under Section 224 to resolve a monetary obligation before utilizing third-party collection services or commencing a civil action.

(b)A written authorization under this section shall include a mutual agreement between the public employer and employee and, to the extent possible, shall not place an undue financial burden upon the employee. If the written authorization involves a withholding or diversion of an employee’s wages over a designated period of months, the amount withheld or diverted shall not exceed 5 percent of the employee’s 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, other legal agreement, or other legal requirement. 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 shall not exceed one year from the date this consultation commenced.

(c)This section shall not apply to the resolution of monetary obligations pursuant to Section 19838 of the Government Code.

(d)For purposes of this section, a “public employer” shall mean the state, every state entity, and any political subdivision of the state, including, but not limited to, municipal corporations, municipalities, school districts, community college districts, joint powers authorities, joint powers agencies, and other public agencies.