Legislative Update
Where We Are & Where We've Been
As we start the first of a new 2 year legislative session, we are happy to report that we are well on our way to a highly successful year on the legislative front. Our lobbyist, Robyn Black of Aaron Read & Associates, has found authors for many of our resolutions and they are making their way through the legislature. With the help of the proponents, Robyn is actively lobbying those resolutions. She is also working closely with authors to co-sponsor and to place other resolutions into bills with similar intent. Our lobbyist keeps us well informed on pending legislation. In turn, we continue to improve our systems to keep our constituents up-to-date on our legislative activities and what actions you can take to improve our chances for legislative success.
2007 Legislative Program
CDCBA Sponsored Legislation
Resolution 07-11-05
Donna Hollingsworth, Los Angeles County Bar Association
Bill: AB 235 | Sponsor: Tran
Existing law sets forth various statutes of limitations for various crimes. Existing law provides that the applicable period of limitations does not begin to run on a violation of prohibitions against engaging in certain transactions involving monetary instruments connected to criminal activity until the offense has been, or reasonably could have been, discovered. This bill would include in the types of offenses for which the period of limitations does not run until the offense has been discovered, or reasonably could have been discovered, the production of child pornography or the secret filming of a person.
Resolution 04-01-06
Roger Franklin, San Fernando Valley Bar Association
Bill: AB 410 | Sponsor: Adams
Existing law provides an optional procedure, applicable except as specified, for the disposition of personal property that remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant. Among other things, if the landlord reasonably believes that the total resale value of the property is less than $300, the landlord is authorized to retain the property for his or her own use or to dispose of it in any manner. These provisions also require the landlord to give a related written notice to the former tenant. This bill would increase the amount described above to $500 and make a conforming change to the provision setting forth the related notice to the former tenant.
Resolution 05-01-06
K. Martin White, Bar Association of Northern San Diego County
Bill: AB 434 | Sponsor: Silva
Existing law requires a notary public to keep an active journal of all official acts performed as a notary public, and to include in this journal, among other things, information as to every instrument acknowledged or proved before the notary. Existing law requires a notary, upon written request of any member of the public as specified, to supply a photostatic copy of any line item contained in this journal requested. This bill would require a notary public to either provide a photostatic copy, as specified, to the requesting member of the public, or acknowledge that the line item does not exist within 15 days of the mailing of the request.
Resolution 11-02-06
Catherine Holland, Orange County Bar Association
Bill: AB 1484 | Author: Krekorian
Existing law, the Trademark Law, provides for the registration of trademarks and service marks with the Secretary of State and requires an application for registration of a mark to provide specified information on its application. A registration of a mark is effective for 10 years, and may be renewed for successive 10-year periods. Existing law specifies the grounds for cancellation of and provides specified remedies for violation of a registered mark. This bill would repeal the Trademark Law and would enact the Model State Trademark Law. The bill would expand the information required to be provided with an application for registration of a mark to include, among other things, a drawing of the mark and 3 specimens of that mark as it is actually used. The bill would also require that the application be signed and verified under penalty of perjury. By expanding the crime or perjury, the bill would impose a state-mandated local program. The bill would provide procedures for amendment of an application and, if the secretary refuses registration, would authorize the applicant to seek a writ of mandamus to compel registration. The bill would provide that registration of a mark is effective for 5 years, and may be renewed for successive 5-year periods. The bill would expand the grounds upon which the secretary shall cancel a registration and would specify procedures for actions to compel registration or cancel a registration. This bill contains other related provisions and other existing laws.
Resolution 04-06-06
D. Edward Hays, Orange County Bar Association
Bill: SB 433 | Sponsor: Harman
Existing law provides for a homestead exemption for judgment debtors. Existing law governs circumstances under which the exemption is applicable, the amount that may be exempt, and the duration of the exemption. This bill would provide that a judgment debtor who is not currently residing in the homestead is entitled to the exemption while a separated or former spouse resides in or exercises control over the possession of the homestead until entry of judgment or other legally enforceable agreement dividing the community property, as specified.
Other Action Pending
Resolution 09-20-06
Amanda Benedict, San Diego County Bar Association
Bill: AB 426 | Sponsor: Galgiani
Working with author to support/co-sponsor legislation
Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, classifies listed felonies as "violent felonies." Existing law, as amended by Proposition 21, of the March 7, 2000, statewide election, also classifies listed felonies as "serious felonies." This bill would declare legislative intent to clarify which offenses are serious and violent and would make technical, nonsubstantive changes to existing law.
Resolution 02-06-06
Donna Bashaw, Orange County Bar Association
Bill: AB 606 | Sponsor: Galgiani
Working with author to support/co-sponsor legislation
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and which provides health care services to qualified low-income recipients. This bill would provide that commencing January 1, 2008, the reimbursement levels for physician and dental services shall be increased by 5%.
Resolution 04-07-06
James Snyder, San Diego County Bar Association
Bill: AB 763 | Sponsor: Saldaña
Working with author to support/co-sponsor legislation
The Subdivision Map Act prohibits a legislative body from approving a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless the legislative body finds that there has been compliance with certain tenant notice requirements This bill would recast the specified prohibition and would make other, technical changes to related provisions of existing law.
Resolution 09-17-06
John Hansen, Bar Association of San Francisco
Bill: AB 1334 | Sponsor: Swanson
Working with author to support/co-sponsor legislation
Under existing law, the Secretary of the Department of Corrections and Rehabilitation is responsible for the administration of the state prisons. Existing regulation prohibits inmates from participating in illegal sexual acts. This bill would enact the Inmate and Community Public Health and Safety Act, which would require the secretary to allow any nonprofit or health care agency to distribute sexual barrier protection devices, as specified. The bill would state that the distribution of those devices shall not be considered a crime nor shall it be deemed to encourage sexual acts between inmates. The bill would specify that possession of one of those devices shall not be used as evidence of illegal activity for purposes of administrative sanctions. This bill contains other related provisions and other existing laws.
Resolution 04-02-06
Alan Ramos, Bar Association of San Francisco
Bill: AB 1356 | Sponsor: Houston
Working with author to support/co-sponsor legislation
Under existing law, an equity purchaser is liable for all damages resulting from any statement made or act committed by the representative of the equity purchaser, as defined, in any manner connected with the equity purchaser's acquisition of a residence in foreclosure, receipt of any consideration or property from or on behalf of the equity seller, or the performance of certain prohibited acts. Existing law requires the representative of the equity purchaser to provide a statement in writing to all parties to the contract, under penalty of perjury, and written proof of licensure and bonding to the equity seller, as specified. This bill would instead require the representative of an equity purchaser to provide to the parties to a contract written proof of licensure, as specified. The bill would also require the representative to provide a statement under penalty of perjury and written proof that he or she has satisfied certain minimal professional liability coverage or bonding requirements or that he or she has an unrestricted real estate license in good standing and that his or her license is not restricted pursuant to the Real Estate Recovery Program, as specified. This bill contains other related provisions and other existing laws.
Resolution 06-02-06
Gerald Benezra, Los Angeles County Bar Association
Bill: AB 1565 | Sponsor: Lieber
Working with author to support/co-sponsor legislation
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law provides that whenever a comprehensive medical evaluation is required to resolve any dispute arising out of an injury or a claimed injury occurring on or after January 1, 2005, and the employee is represented by an attorney, the evaluation shall be obtained only in accordance with prescribed requirements for the conduct of the evaluation. This bill would make a technical, nonsubstantive change to those provisions.
Resolution 09-16-06
James Brosnahan, Bar Association of San Francisco
Bill: SB 636 | Sponsor: Harman
Working with author to support/co-sponsor legislation
Existing law provides for the creation of the Habeas Corpus Resource Center to provide counsel for persons convicted and sentenced to death, who are without counsel and determined to be indigent. This bill would provide that these standards shall require appointed counsel to be a member in good standing of the State Bar for a total of 5 years and have at least 3 years' experience in handling appeals or post-conviction felony proceedings. The court may, for good cause, appoint an attorney not meeting these requirements. This bill contains other related provisions and other existing laws.
Resolution 05-15-06
Matthew St. George
Bill: SB 812 | Sponsor: Correa
Working with author to support/co-sponsor legislation
Existing law authorizes any person, company, or other organization that complies with specified conditions to agree to pay money or other valuable consideration, on a per-affidavit basis or otherwise, to any person who assists another person to register to vote by receiving the completed affidavit of registration. This bill would prohibit any person, company, or other organization from agreeing to pay money or other valuable consideration on a per-affidavit basis to any person who assists another person to register to vote by receiving the completed affidavit of registration, would prohibit the receipt of this per-affidavit consideration, and would make conforming changes. A violation of these prohibitions would be a misdemeanor. This bill contains other related provisions and other existing laws.
Resolution 07-08-05
David Gettis, San Diego County Bar Association
Bill: SB 1022 | Sponsor: Steinberg
Working with author to support/co-sponsor legislation
Existing law requires the Department of Justice to maintain the Child Abuse Central Index as a repository for reports regarding suspected child abuse or severe neglect. This bill would allow a person listed in the Child Abuse Central Index as a perpetrator of child abuse or neglect due to an incident that occurred when the person was younger than 18 years old to have his or her name removed from the index if the incident did not result in a delinquency adjudication or criminal conviction, as specified.
Resolution 05-13-06
Thomas Vidal, Beverly Hills Bar Association
Bill No. TBD | Author: TBD
Working with author to support/co-sponsor legislation
Amends California Constitution, Article IV, Section tend continuous service periods for the Senate and Assembly.
Some Successes & Other Action Previous Years
From 2006 Legislation
Resolutions 04-01-05 and 09-06-05
Jay-Allen Eisen, Sacramento County Bar Association
Bill No. AB 2303 | Author: Committee on Judiciary
Signed into Law
Resolutions 03-04-05
Sally Lorang, San Diego County Bar Association
Bill No. AB 1598 | Author: Committee on Agriculture
Signed into Law
Resolutions 05-02-05 and 05-03-05
Marc Sallus and Jim Birnberg, Los Angeles County Bar Association
Bill No. AB 2864 | Author: Harman
Signed into Law
Resolution 06-01-03
Mike White and Barry Shanley, Beverly Hills Bar Association
Bill No. AB 651 | Author: Berg
Died in committee
From 2005 Legislation
Resolution 03-07-04
Jon B. Streeter, Bar Association of San Francisco
Bill No. AB 1121 | Author: Koretz
Bill Allowed To Died
Resolution 06-07-04
Matthew St. George
Author: Leno Bill No. AB 19
Legislation did not pass
Resolution 11-02-04
Robert H. Lynn, San Diego County Bar Association
Bill No. AB 1669 | Author: Chu
Signed into Law
Resolution 11-03-04
David E.C. Gettis, Sna Diego County Bar Association
Bill No. AB 416 | Author: Plescia
Hearing cancelled at request of author
Resolution 05-05-04
Duncan Crabtree-Ireland, Los Angeles County Bar Association
Bill No. SB 184 | Author: Murray
Signed into Law
Resolution 03-12-04
Mark Harvis, Los Angeles County Bar Association
Bill No. SB 779 | Author: Escutia
Held in committee
Resolution 12-05-04
Jo-Ann Grace, Los Angeles County Bar Association
Bill No. AB 1742 | Author: Committee On Judiciary
Signed into Law
Resolution 09-07-03
Brian Gough, Santa Barbara County Bar Assocation
Bill No. AB 1459 | Author: Canciamilla
Signed into Law
From 2004 Legislation
Resolution 01-02-03
Duncan Crabtree-Ireland, Los Angeles County Bar Association
Bill No. SB 1465 | Author: longtime CDCBA friend, Sheila Kuehl
Signed into Law
Resolution 03-05-03
Marc L. Sallus, Los Angeles County Bar Association
Author: Ken Maddox Bill No. AB 2872
Signed into Law
Resolution 07-02-03 and Resolution 07-04-03
Jim Weixel, Bar Association of San Francisco
Bill No. AB 2167 | Author: Lou Correa
Signed into Law
Resolution 07-04-03
Jim Weixel, Bar Association of San Francisco
Bill No. AB 1863 | Author: Tom Harman
Introduced; no further action
Resolution 08-08-03
Diane Wasznicky, Sacramento County Bar Association
Bill No. AB 2084 | Author: Cindy Montanez
Introduced; no further action
Resolution 11-03-03
Joan Jernegan, Sacramento County Bar Association
Bill No. AB 2211 | Author: George Plescia
From committee without further action
Resolution 07-05-02
K. Martin White, Bar Association of Northern San Diego County
Bill No. SB 1249 | Author: Bill Morrow
Together with author, Bill Morrow, the 2004 CDCBA Legislator of the Year, North San Diego Bar Association and author Martin White, working with the California Judicial Council, fashioned a non-legislative remedy.
Resolution 04-02-03
Patrick H. Fabian, Bar Association of San Francisco
Bill No. SB 3 | Author: John Burton
Signed into Law
Resolution 06-08-03
Jody Hoenninger, Bay Area Lawyers for Individual Freedom and Lesbian and Gay Lawyers Association of Los Angeles
Bill No. AB 17 | Author: Christine Kehoe
Signed into Law
Updated 03/21/2007