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Conference of California Bar Associations

Legislative Update — Where We Are Now

We are pleased to bring you the exciting news that we are having a very successful year on the legislative front. Our lobbyist, Robyn Black of Aaron Read & Associates, has found authors for seven of our resolutions that are presently making their way through the legislature. Robyn is actively lobbying them on our behalf with the help of the proponents.

1. Resolution 01-02-03 which amends Code of Civil Procedure 1985.6 to expand the definition of "employment records" to include records maintained by labor organizations is now SB 1465.

Authored by longtime conference friend, Senator Sheila Kuehl, the bill was approved by the governor on July 5, 2004 and chaptered on July 6, 2004.

Congratulations to proponent Los Angeles County Bar Association and author Duncan Crabtree-Ireland.

2. Resolution 03-05-03 is now AB 2872, authored by Assembly Member Ken Maddox.

The bill amends Probate Code section 17204 to allow any interested party to request notice of court proceedings regarding a trust. Congratulations and thanks to proponent Los Angeles County Bar Association and author Marc L. Sallus. The Governor signed the bill on August 27. On August 27, it was chaptered, Chapter 334, Statutes of 2004.

3. Resolution 07-02-03 and Resolution 07-04-03 are now AB 2167 authored by Assembly Member Lou Correa.

The bill amends Code of Civil Procedure section 1029.8 and Corporations Code section 25506, and adds Corporations Code section 25501.5 to allow a person who purchases a security from or sells a security to an unlicensed broker-dealer to rescind or recover damages.

Congratulations and thanks to proponent Bar Association of San Francisco and author Jim Weixel. The Governor signed the bill on September 18. It was chaptered the same day as Chapter 575, Statutes of 2004.

4. Resolution 07-04-03 was AB 1863 authored by Assembly Member Tom Harman.

The bill amends Corporations Code section 25506 to extend the time for the filing of a civil action for securities fraud.

Proponent was Bar Association of San Francisco and author Jim Weixel.

5. Resolution 08-08-03 was AB 2084 authored by Assembly Member Cindy Montanez.

The bill amends sections 4058 and 4331 of the Family Code to permit a court in an action for child support or spousal support to order a party to submit to a vocational training examination.

Proponent Sacramento County Bar Association and author Diane Wasznicky.

6. Resolution 11-03-03 was AB 2211 authored by Assembly Member George Plescia.

The bill amends Code of Civil Procedure section 437c to extend the opposition time period for summary judgment motions from 14 days to 21 days and the reply time period from 5 to 7 days.

Proponent was Sacramento County Bar Association and author Joan Jernegan.

7. Resolution 07-05-02 is now SB 1249 authored by Senator Bill Morrow.

The bill amends Code of Civil Procedure section 17 to define the word "hearing," when applied to any demurrer, motion, or order to show cause, as signifying oral argument unless affirmatively waived by the parties.

Together with author, Bill Morrow, the 2004 CCBA Legislator of the Year, North San Diego Bar Association and author Martin White, working with the California Judicial Council, fashioned a non-legislative remedy. The proponent, author, CCBA and Senator Morrow will continue to follow this to assure that the remedy resolves the problem which led to the resolution.

In addition, Resolution 04-02-03 amending Penal Code section 1376 to create a procedure for identifying mentally retarded defendants and to prohibit imposition of the death penalty upon those defendants was passed into law on October 9, 2003 by SB 3authored by Senator John Burton.

Also, Resolution 06-08-03 adding section 10295.3 to the Public Contract Code, to prohibit public contracts to a contractor who does nor offer the same benefits to both spouses and domestic partners was passed into law on October 11, 2003 as AB 17 authored by Assembly Member Christine Kehoe.

Updated 09/24/2004