{"id":"DUT-CA-017","kind":"duty","level":"state","jurisdiction":"California","state":"CA","metro":"","industry":"","agency":"","eco":"","issuer":"California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel","authority":"Proposed Civil Code section 1714.28 (never enacted)","instrument":"Assembly Bill 1035 (2019-2020): \u0027COVID-19 emergency: small businesses: immunity from civil liability\u0027 (bill status: \u0027Inactive Bill - Died\u0027)","title":"AB 1035: an act to add and repeal Section 1714.28 of the Civil Code, relating to civil liability, and declaring the urgency thereof. Amended in Senate June 25, 2020 and referred to the Senate Judiciary Committee; \u0027From Senate committee without further action\u0027 Nov. 30, 2020; Died","dateIssued":"2020-11-30","effective":"never","end":"2020-11-30 (died)","startDate":"2020-11-30","endDate":"2020-11-30","quarters":[],"types":["OTHER"],"addressees":["n/a (proposed: businesses with 25 or fewer employees)"],"clause":"AB-1035 COVID-19 emergency: small businesses: immunity from civil liability. (2019-2020)... An act to add and repeal Section 1714.28 of the Civil Code, relating to civil liability, and declaring the urgency thereof, to take effect immediately.... Committee Location: Sen Judiciary... Inactive Bill - Died... 11/30/20 From Senate committee without further action.","enforcement":"n/a","functions":[],"notes":"Nothing: California enacted no general COVID-19 liability shield for businesses. The only shield bill would have exempted a business of 25 or fewer employees from liability for a COVID-19 infection only if it had \u0027implemented and abided by all applicable state and local health laws, regulations, and protocols\u0027 (June 25, 2020 text, read at leginfo billTextClient and not separately saved), and it died in committee; the standard of care in California therefore remained the general duty of care and the presumption of negligence from violation of the orders and regulations (DUT-CA-013), with no safe harbor of any kind. Character as recorded: not_enacted (legislative history; no legal effect).","sourceUrl":"https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201920200AB1035","snapshot":"","fileExists":true,"fileBytes":129334,"grade":"primary","character":"not_enacted","description":"","collection":"DUT-CA","url":"/library/DUT-CA-017","exhibitUrl":"/exhibit/DUT-CA-017","citation":"California Legislature (Assembly Bill 1035, Ramos and Mayes, 2019-2020 Regular Session); bill status published by the Legislative Counsel, Assembly Bill 1035 (2019-2020): \u0027COVID-19 emergency: small businesses: immunity from civil liability\u0027 (bill status: \u0027Inactive Bill - Died\u0027) (Nov. 30, 2020) (Ex. DUT-CA-017)","stateName":"California","related":["DUT-CA-013"]}