1995 Significant Legislation

Pages 200-299

Provides that police officers of the San Francisco Bay Area Rapid Transit District Police are peace officers whose authority extends to any place in the state.

(In Senate Criminal Procedure Committee)

AB 1483 (Martinez-D) - Video Equipment: Interrogation

Defines "tape" and "recording device" for purposes of the complete interrogation of a public safety officer.

(On Senate Third Reading File)

AB 1496 (V. Brown-D) - Disability: Retirement

Specifies that existing law prohibiting an officer from carrying a concealed weapon if retirement was due to a psychological disability does not apply if retirement was due to stress.

(On Senate Third Reading File)

AB 1562 (Alby-R) - Sex Offenders

Allows law enforcement officers to disclose the identities of specified sex offenders in order to preserve public safety.

(In Assembly Public Safety Committee)

AB 1732 (Boland-R) - False Reports of Police Misconduct

Makes it a misdemeanor to file an allegation of misconduct against a peace officer, knowing that the report is false.

Chapter 590, Statutes of 1995

[PAGE 200]

ACR 40 (Alby-R) - California State Police

Recognizes that July 10, 1995 will be the last day of independent operation of the California State Police, and expresses the appreciation of the people of the State of California to the California State Police.

Resolution Chapter 51, Statutes of 1995

GRP 1

Transferred the California State Police to the Department of Highway Patrol.

Took effect September 6, 1995

[PAGE 201]

Family Law

SB 144 (Calderon-D) - Child Support: Child Concealment

Amends existing law relative to child support, custody and visitation where concealment of the child is at issue.

(In Senate Judiciary Committee)

SB 235 (Hughes-D) - Child Support: Enforcement

Establishes the Division of Child Support Enforcement, as well as establishing procedures for hearings relative to child support, paternity and the enforcement and modification of orders.

(In Senate Judiciary Committee)

SB 319 (Solis-D) - Child Support: Collection

Requires a financial institution to report to the Franchise Tax Board certain information regarding persons identified as delinquent child support obligors.

(In Senate Judiciary Committee)

SB 380 (Killea-I) - Adoption

Provides that specified individuals and entities that accept a fee which is contingent on the placement or promise of the placement of a child for adoption is guilty of a misdemeanor.

(In Senate Judiciary Committee

SB 384 (Haynes-R) - Custody

Revises existing law relative to determining the best interest of a child in family law proceedings to require the court to consider independent corroboration and the use of illegal controlled substances.

(In Senate Judiciary Committee)

[PAGE 202]

SB 389 (Kopp-I) - Dissolution of Marriage

Enacts special procedures applicable to dissolution actions based on the aggregate value of the community property.

(In Senate Judiciary Committee)

SB 407 (Hughes-D) - Child Support Enforcement

Establishes the Department of Child Enforcement in the Health and Welfare Agency with specified guidelines.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 421 (Hurtt-R) - Child Support Enforcement

Authorizes a county district attorney to contract with a private attorney to take action to enforce AFDC obligations.

(In Senate Judiciary Committee)

SB 468 (Mello-D) - Support Enforcement

Enacts procedures for the enforcement of support obligations, whereby the State Department of Social Services would provide to the Public Employees' Retirement System (PERS) information on support judgments and orders being enforced by district attorneys. Requires the PERS to withhold amounts certified as overdue support from benefits and refunds, as provided. Revises the provisions described above to provide a limitation on the amount to be withheld if this intercept procedure is used for benefits that are payable periodically, and to provide that amounts payable under a public retirement system for the satisfaction of a support judgment are subject to this intercept procedure and any other applicable enforcement procedure if they are payable as a lump-sum distribution. Specifically provides that payments made to the State Department of Social Services pursuant to these provisions shall discharge the PERS from all adverse claims, as specified.

Provides, with respect to cases opened after December 31, 1995, for the enforcement by the district attorney only of arrearages alleged in a statement of arrearages signed under penalty of perjury by the applicant for child support enforcement services or arrearages determined by the court. Provides, with respect to cases opened on or before December 31, 1995, for the enforcement by the district attorney only of arrearages alleged in a statement of arrearages or where there is some other reasonable basis for believing the amount of claimed arrearages to be correct.

(In Senate Appropriations Committee)

[PAGE 203]

SB 504 (Wright-R) - Custody: Change of Residence

Revises existing law relating to child custody and the change of residence.

(In Senate Judiciary Committee)

SB 506 (Calderon-D) - Family Law: Friend of the Court

Creates an Office of the Friend of the Court in each superior court in the state to, among other duties, facilitate the resolution of family law matters.

(In Senate Judiciary Committee)

SB 507 (Calderon-D) - Paternity: Presumptions

Provides that a man will be presumed to be a child's natural father if he receives the child into his home and holds out that the child is his natural child.

(In Senate Judiciary Committee)

SB 509 (Campbell-R) - Spousal Support

Requires the court to consider additional specified circumstances when ordering child support.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 558 (Campbell-R) - Child Abuse: False Allegations

Requires a motion by a parent for reconsideration of an existing child custody order to be granted if that motion is based on the fact that the other parent was convicted of a crime in connection with falsely accusing the moving parent of child abuse.

Chapter 406, Statutes of 1995

SB 630 (Greene-D) - Family Law

Makes various changes to existing law relative to procedures involving family law, child custody and mediation.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

[PAGE 204]

SB 982 (Solis-D) - Evidence: Interpreters

Provides that in any action under specified provisions of the Family Code relating to domestic violence in which a party does not proficiently speak or understand the English language, an interpreter shall be present at specified proceedings.

Provides that either party to a proceeding for dissolution or nullification of marriage may request his/her birth name or former name to be restored. This request may not be denied.

Chapter 888, Statutes of 1995

SB 1018 (Costa-D) - Child Support

Provides that a child support obligee, or any district attorney who is the assignee of the rights to enforcement of a child support obligation, may be estopped from collecting all or part of the interest due on a child support arrearage if the conduct of the obligee, district attorney or any other public entity with respect to the arrearage caused the obligor to reasonably rely on that conduct and act to his or her detriment.

Vetoed by the Governor

SB 1125 (Calderon-D) - Support Payments

Requires, in child support payments, that the abstract of a judgment ordering a party to pay support to the other party include the name of the last known address of the party to whom support payments are ordered to be paid.

(In Senate Judiciary Committee)

SB 1237 (Watson-D) - Support Orders: Specified Benefits

Existing law that provides that up to 25% of each periodic unemployment compensation or unemployment compensation disability benefit subject to withholding for support obligations applies to lump sum as well as periodic benefits, and revises the limit on the amount that may be withheld.

(In Senate Judiciary Committee)

[PAGE 205]

SB 1238 (Watson-D) - Child Custody: Relocation Study

Requires the Administrative Office of the Courts, in consultation with the Bureau of State Audits, to prepare a study of child custody cases in which the custodial parent seeks to change residence.

(On Senate Inactive File)

SB 1241 (Watson-D) - Custody: Change of Residence

Requires that notice be given to either the custodial or noncustodial parent prior to changing residences.

(In Senate Judiciary Committee)

SB 1262 (Alquist-D) - Children: Nonlicensed Homes

Requires the Judicial Council to establish a pilot project in up to 5 counties to allow a child subject to foster care placement to be placed in the home of a nonlicensed, nonrelative extended member.

Chapter 509, Statutes of 1995

SB 1306 (Wright-R) - Child Support Enforcement

Prohibits any public entity from proceeding with an action for the enforcement of a child support order without first making all reasonable efforts to provide notice to the support obligor and an opportunity for a hearing, in compliance with the due process requirements of the federal and state Constitutions.

(In Senate Judiciary Committee)

SCA 5 (Hurtt-R) - Families

Provides that the right of parents to direct the upbringing and education of their children shall not be infringed.

(In Senate Judiciary Committee)

[PAGE 206]

SCR 7 (Hayden-D) - Family Planning Clinics: Violence and Crime

Denounces the violence and incitement to violence at family planning clinics, urge all Californians to denounce the violence and in particular call upon those who have supported or engaged in such violence against health care providers and family planning clinics to immediately cease such activities and refrain from any such activities in the future, and urge the Governor, Attorney General, and all law enforcement officials to continue to take all steps necessary and feasible to protect citizens from this violence and threat of violence.

Chapter 66, Statutes of 1995

AB 180 (Morrow-R) - Child Support

Revises the statewide formula for determining child support orders.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 256 (Alpert-D) - Adoption

Provides that a person or agency that pays or offers to pay money or anything of value to a parent for the placement for adoption, consent to adoption, or cooperation in the completion of an adoption, of his/her child, is guilty of a misdemeanor or a felony.

(In Conference)

AB 257 (Speier-D) - Support Enforcement

Adds a procedure for administrative and judicial review relative to arrearages in support obligation, including, but not limited to the revocation of specified licenses.

Chapter 481, Statutes of 1995

AB 261 (Kuehl-D) - Child Support Actions

Authorizes the caretaker parent for whom a duty of support is owed to elect to become a participant in any action for child support in which the caretaker parent is not a party.

(In Senate Judiciary Committee)

[PAGE 207]

AB 274 (Kuehl-D) - Child Support

Revises the statewide uniform guideline for determining child support orders.

(Failed passage in Assembly Judiciary Committee, reconsideration granted)

AB 332 (Allen-R) - Visitation: Grandparents and Great-Grandparents

Includes great-grandparents to those individuals that the court may authorize reasonable visitation rights.

(In Assembly Judiciary Committee)

AB 334 (Allen-R) - Visitation: Grandparents and Great-Grandparents

Adds great-grandparents to the list of those the court may take into consideration when establishing visitation rights.

(In Senate Judiciary Committee)

AB 413 (Kuehl-D) - Support

Allows, in child support cases, the requesting party to serve on the employer of the other party a request for information limited to the other party's income.

Chapter 506, Statutes of 1995

AB 448 (Archie-Hudson-D) - Paternity

Provides that in any case to establish paternity, the alleged father is entitled to court appointed counsel at county expense.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 449 (Archie-Hudson-D) - Support

Provides that any respondent to an order for child, spousal or family support is entitled to court appointed counsel.

(In Assembly Judiciary Committee; reconsideration granted)

[PAGE 208]

AB 535 (Archie-Hudson-D) - Obligee Parent: Public Social Service

Provides that any obligee parent who received public social services benefits, and who is subsequently found to have had the ability support his/her child, would be required to reimburse the district attorney for the amount of benefits received.

(In Assembly Judiciary Committee)

AB 542 (Archie-Hudson-D) - Child Concealment

Requires that there shall be an affirmative duty to provide information as to the residence of minor children receiving public assistance to the absent or obligor parent in specified circumstances, when the children are concealed and when the concealment may result in the waiver of a county's right to receive reimbursement for public assistance payments and the disclosure of the information does not represent a threat to the physical health or safety of the minor child or the custodial parent.

(In Assembly Judiciary Committee)

AB 554 (Kuehl-D) - Judgments

Provides that a judgment lien on real property created under a money judgment by recording an abstract of judgment for child support, family support or spousal support payable in installments and the support order is later modified to increase the amount, the judgment lien extends to the modified judgment without having to record another abstract.

Chapter 583, Statutes of 1995

AB 627 (Katz-D) - Domestic Partnership: Registration, Termination, and Rights Thereof

Defines "domestic partners" and provide for the registration of domestic partnerships with the Secretary of State. Specifies procedures for the termination of domestic partnerships. Prohibits a person who has filed a Declaration of Domestic Partnership from filing a new declaration until at least 6 months has elapsed from the date that a Notice of Termination of Domestic Partnership was filed with the Secretary of State in connection with the termination of the most recent domestic partnership, except where the previous domestic partnership ended because one of the partners died.

(In Senate Judiciary Committee)

[PAGE 209]

AB 722 (Baldwin-R) - Costs: Collection of Awards

Provides that in any action involving an award of child support, recoverable costs shall include any necessary and reasonable costs of collections, as specified.

(In Assembly Judiciary Committee)

AB 755 (Kuehl-D) - Children: Custody Determination

Provides that in family law proceedings, the court must consider whether one parent has been the child's primary caregiver.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 760 (Speier-D) - Paternity

Amends existing law establishing paternity in the case where the husband is deceased and the wife has been artificially inseminated with the deceased husband's sperm.

(In Senate Rules Committee)

AB 800 (Kuehl-D) - Custody

Provides that there is a presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence, as defined, is detrimental to the best interest of the child.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 806 (Ducheny-D) - Community Property

Permits parties in a proceeding for dissolution of marriage to stipulate to a mutual waiver of the final declaration of disclosure, as specified.

Chapter 233, Statutes of 1995

[PAGE 210]

AB 898 (Knight-R) - Adoption

Provides that an action or proceeding of any kind to vacate, set aside or otherwise nullify an order of adoption on any ground, except fraud, must be commenced within one year after entry of the order.

Chapter 567, Statutes of 1995

AB 935 (Speier-D) - Restraining Orders

Amends existing law relative to the issuance of restraining orders in family law.

Chapter 907, Statutes of 1995

AB 965 (Kuehl-D) - Family Law

Modifies existing law relative to forms issued in an Order to Show Cause in contempt cases. Provides that no filing fee is to be required when an unrepresented party files a petition submitting an affidavit of facts that constitutes contempt in a domestic violence proceeding.

Chapter 904, Statutes of 1995

AB 999 (Harvey-R) - Custody

Makes conforming changes in law relative to child custody.

(Failed passage in Assembly Judiciary Committee, recommendation granted)

AB 1058 (Speier-D) - Family Law

Requires each superior court to maintain an Office of the Family Law Facilitator to provide services in family court at no cost to the parties. Also in Procedural section.

(In Assembly Judiciary Committee)

AB 1104 (Sher-D) - Joint Guardianship

Amends existing law relative to joint guardianships by deleting the 2-year requirement as to the prognosis of death as currently held within the definition of "terminal condition".

Chapter 278, Statutes of 1995

[PAGE 211]

AB 1112 (Rogan-R) - Insurance: Child Support

Provides that insurance companies shall notify the State Department of Social Services prior to making any payment equal to or in excess of $3,000, in order for the department to determine if a child support order or judgment exists.

(In Assembly Insurance Committee)

AB 1283 (Kuehl-D) - Adoption

Revises existing law with regard to a child who is to be placed for adoption, to require notification only of a presumed father.

(In Senate Judiciary Committee)

AB 1353 (Knowles-R) - Dependent Children

Provides for procedures to be followed in specified dependent children hearings.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1467 (Kaloogian-R) - Collection of Awards

Provides that any action involving an award of child support or spousal support or an award of restitution, recoverable costs shall include any costs related to collection.

(In Senate Judiciary Committee)

AB 1515 (Kuehl-D) - Support: Enforcement

Revises existing procedures relative to guidelines to be followed in delinquent support payments.

Chapter 459, Statutes of 1995

[PAGE 212]

AB 1523 (Granlund-R) - Child Welfare

Prohibits the use of the signature of a parent on a child welfare services case plan or the acceptance of services prescribed in the child welfare services case plan as evidence against the parent or guardian in court.

Chapter 540, Statutes of 1995

AB 1743 (Goldsmith-R) - Adoption and Foster Care Placements

Requires foster care placement with a relative unless that placement is not in the child's best interest.

Chapter 884, Statutes of 1995

AB 1751 (Knowles-R) - Support

Makes various changes to existing law in the Family Code relative to enforcement of support.

(Held in Senate Judiciary Committee)

AB 1832 (Figueroa-D) - Support Orders: Real Property Liens

Provides that a judgment lien on real property located in this state is created by filing an abstract or a certified copy of a judgment for child, family, or spousal support with the State Department of Social Services.

(In Assembly Judiciary Committee)

ACA 30 (House-R) - Families

Provides that every parent has a fundamental right to control the care and custody of his/her minor children, as specified, and prohibits state action that may abridge or hinder this fundamental right absent a showing that the state's action is the least restrictive means of furthering a compelling state interest.

(In Assembly Judiciary Committee)

[PAGE 213]

AJR 19 (Speier-D) - Child Support Enforcement

Memorializes the President and Congress of the United States to amend federal law to allow social security account numbers to be included on applications for licenses and certificates of marriage and on records related to petitions for dissolution of marriage, and to clarify that social security account numbers on count and other public agency records may be maintained if they were collected prior to October 1, 1990, and to authorize states to make the social security account numbers available to child support agencies for the exclusive purpose of child support enforcement in accordance with federal and state law.

Chapter 78, Statutes of 1995

[PAGE 214]

Civil Law

SB 15 (Lockyer-D) - Prejudgment Interest

Authorizes the recovery of prejudgment interest on damages recoverable in wrongful death actions.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 16 (Beverly-R) - Commercial Law

Repeals and replaces existing provisions of law governing securities and the relationships, rights and duties of the issuers of and parties that deal with certificated and uncertificated securities.

(In Senate Judiciary Committee)

SB 31 (Leslie-R) - Civil Liability

Provides that in any action for damages based on negligence, the rules of contributory negligence in effect in this state immediately prior to the adoption of comparative negligence would apply in the event the plaintive contributed to his or her injury and the contributing act was deemed to be criminal.

(On Senate Unfinished Business File)

SB 41 (Johannessen-R) - Tort Liability

Provides that specified public employees are liable for injuries resulting from an unauthorized act or omission constituting a willful act or an abuse of discretion, other than the act of removing a child from the custody of his or her parents or guardians.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 45 (Peace-D) - Civil Procedure

Recasts and revises existing law relative to the granting of injunctive relief.

Chapter 796, Statutes of 1995

[PAGE 215]

SB 51 (Haynes-R) - Inverse Condemnation

Revises provisions relative to inverse condemnation proceedings to specify its applicability to personal as well as real property, the damaging as well as the taking of property, and appellate court costs.

Chapter 181, Statutes of 1995

SB 52 (Peace-D) - Civil Procedure

Specifies the time in which a defendant must respond following a state court's receipt of an order to remand.

(In Senate Judiciary Committee)

SB 56 (Beverly-R) - Juries

Requires a trial jury in municipal courts will consist of 8 persons in cases where the amount in controversy is not more than $25,000.

(In Assembly Judiciary Committee)

SB 87 (Kopp-I) - Attorney General: Legal Service

Requires the Department of Insurance, or any other state agency not exempted by statute, to obtain the Attorney General's written consent, prior to employment of outside counsel in any judicial proceeding.

Chapter 893, Statutes of 1995

SB 108 (Kopp-I) - Trademarks

Repeals existing law relative to injunctive relief when a person uses or unlawfully infringes upon a mark registered under state or federal trademark law. Provides that the owner of a mark registered under state trademark law may seek an injunction barring counterfeits or imitations of the registered mark.

(In Senate Judiciary Committee)

[PAGE 216]

SB 135 (Maddy-R) - Emergency 911: Liability

Provides that no public agency or emergency 911 telecommunications system is liable for any damages in a civil actions, except in specified cases.

(In Senate Judiciary Committee)

SB 153* (Beverly-R) - Oil Spills

Realigns the implementation date of proposed requirement of financial responsibility certificate for a vessel and all the oil contained within that vessel.

Chapter 25, Statutes of 1995

SB 197 (Kopp-I) - Civil Procedure

Revises and recasts existing law governing motions for preference, relief from entry of judgment based on an attorney's affidavit of fault in civil actions.

(In Assembly Judiciary Committee)

SB 222 (Beverly-R) - Trusts

Enacts the Uniform Prudent Investor Act.

Chapter 63, Statutes of 1995

SB 223 (Ayala-D) - Liens on Vehicles

Provides that a person seeking to enforce a lien on a vehicle may not impose any charges exceeding that for 1 day of storage if the vehicle is released within 24 hours.

(In Assembly Transportation Committee)

SB 231 (Hughes-D) - Eminent Domain

Revises the definition of hazardous substance to apply to hazardous materials for purposes of property acquired by eminent domain by a school district.

Chapter 247, Statutes of 1995

[PAGE 217]

SB 240 (Ayala-D) - Vehicles: Towing

Makes various changes to existing law relative to the towing and impoundment of vehicles.

Chapter 404, Statutes of 1995

SB 262 (Kelley-R) - Trial Court Delay Reduction Act

Revises the Trial Court Delay Reduction Act by exempting actions or proceedings brought on a contract for the collection of amounts due for goods or services if that amount does not exceed $25,000.

(In Senate Judiciary Committee)

SB 264 (Kelley-R) - Negotiable Instruments

Provides that the drawer of a draft is obligated to pay any service charges resulting from the dishonor of a draft.

(In Senate Judiciary Committee)

SB 271 (Russell-R) - Civil Actions: Mediations

Provides that in any county that has established a dispute resolution program, at the first hearing in any civil action that has not been submitted to mediation, the court would be required to explain how mediation works.

Sets forth procedures to be followed by both parties in the event one or both parties decline to utilize mediation.

(In Senate Judiciary Committee)

SB 287 (Calderon-D) - Profits of Crime

Expands existing law relative to profits on crime and the waste of the money held in trust to include any civil action brought pursuant to those provisions.

Chapter 262, Statutes of 1995

[PAGE 218]

SB 302 (Campbell-R) - Negligence

Provides immunity from civil action to any person or entity providing free shelter for homeless persons.

(In Senate Judiciary Committee)

SB 312 (Campbell-R) - Public Liability

Confers immunity upon specified individuals for injuries caused by cardiopulmonary resuscitation instructions given in good faith in the operation of a local "911" emergency telephone service.

Vetoed by the Governor

SB 313 (Campbell-R) - Fine Art

Repeals existing law requiring the payment of 5% of the sale price of specified art to the artist or the agent of the artist.

(Failed passage in Senate Judiciary Committee)

SB 392* (Senate Judiciary Committee) - Powers of Attorney

Specifies that the Power of Attorney Law does not affect the validity of a power of attorney, executed before January 1. 1995, that was valid under prior law.

(In Senate Judiciary Committee)

SB 403 (Haynes-R) - Harmful Matter

Requires all harmful matter to be kept, displayed or offered in an adults-only area, and makes violation an infraction.

(In Senate Judiciary Committee)

[PAGE 219]

SB 466 (Leonard-R) - Eminent Domain

Provides that if a public entity adopts or enacts a statute which results directly in the reduction of the market value of real property other than real property owned by a public entity by 25% or more, the property owner may bring an action for inverse condemnation.

(In Senate Judiciary Committee)

SB 479 (Calderon-D) - Arbitration: Immunity

Extends the sunset date for 1 year on existing law relative to immunity for arbitrators

Chapter 209, Statutes of 1995

SB 492 (Costa-D) - Trade Libel

Provides that a producer or shipper of perishable agricultural food products who suffers damages as the result of malicious public dissemination of knowingly false information that the product is not safe for human consumption may bring action for damages.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

A similar bill is AB 558 (Bordonaro-R) which is in Assembly Judiciary Committee.

SB 578 (Alquist-D) - Mechanics Liens

Expands existing law allowing for mechanics' liens for work provided to include appraisers.

(In Senate Insurance Committee)

SB 624 (Johannessen-R) - Civil Procedure

Allows a defendant in an action to challenge the approval of a timber harvest plan. Authorizes the court to order that the plaintiff file the undertaking in an amount equal to 10% of the immediate harvest value of the timber approved for harvest not to exceed $500,000.

(In Senate Judiciary Committee)

[PAGE 220]

SB 692 (Lockyer-D) - Arbitration and Mediation

Makes various technical changes to existing law relative to arbitration.

(In Assembly Judiciary Committee)

SB 730 (Mello-D) - Capacity

Makes various changes in existing law that relate to proof that a person is of unsound mind and unable to manage his/her financial resources.

Chapter 842, Statutes of 1995

SB 731 (Mello-D) - Conservatorships: Alzheimer's Disease

Creates, in civil law, the Alzheimer's Disease and Related Dementia Conservatorship.

(In Senate Judiciary Committee)

SB 744 (Polanco-D) - Landlord and Tenant

Revises the minimum and maximum amounts of punitive damages in landlord/tenant cases.

(In Assembly Judiciary Committee)

SB 771 (Lockyer-D) - Eminent Domain

Creates an exception to existing eminent domain law with respect to property acquired by a for-profit enterprise.

(In Senate Judiciary Committee)

SB 774 (Leonard-R) - Damages

Limits the sum of any compensatory damages for future pecuniary losses, or nonpecuniary losses, exemplary damages that may be awarded to an aggrieved person in employment discrimination cases.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

[PAGE 221]

SB 784 (Calderon-D) - Deeds of Trust

Authorizes the substitution of a trustee by the trustor in interest of a trust deed upon real property or an estate for years executed on or after January 1, 1996.

Chapter 244, Statutes of 1995

SB 785 (Calderon-D) - Public Meetings

Makes privileged the publication of the matter complained of in a public meeting if it is in the public interest or for the public benefit.

(In Senate Judiciary Committee)

SB 806 (Monteith-R) - Civil Rights

Defines the term "business establishment" as used in the Unruh Civil Rights Act to exclude any church, nonprofit association or nonprofit corporation with specified exceptions.

(In Senate Judiciary Committee)

SB 814 (Alquist-D) - Administrative Citations

Authorizes the legislative body of a local agency to adopt an ordinance to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty.

Chapter 898, Statutes of 1995

SB 832* (Kopp-I) - Judgments: Liens

Deletes portions of existing law related to the Attachment Law (liens).

Chapter 196, Statutes of 1995

SB 884 (Beverly-R) - Trusts

Authorizes a bank, trust company or an affiliate to invest in the securities of a registered open-end or close-end management company or investment trust.

(In Senate Judiciary Committee)

[PAGE 222]

SB 894 (Leslie-R) - Real Property

Makes various nontechnical changes in the civil rights law relating to senior housing.

(In Senate Judiciary Committee)

SB 896 (Leslie-R) - Tort Immunities

Extends the provisions providing for tort immunities under the California Tahoe Conservancy until January 1, 2001.

Chapter 81, Statutes of 1995

SB 926 (Calderon-D) - Writings

Includes computer data stored on magnetic media within the existing definition of "writings," including electronic mail.

(In Senate Judiciary Committee)

SB 930 (Leonard-R) - Product Liability

Enacts the California Product Liability Reform Act of 1995.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 934 (Campbell-R) - Civil Liability

Amends existing law relating to civil liability and professional negligence.

Chapter 241, Statutes of 1995

SB 953 (Watson-D) - Employment Harassment

Provides that an employer shall be liable for the harassment of an employee or applicant by an agent or supervisor of the employer.

(Failed passage on Senate Floor)

[PAGE 223]

SB 961 (Watson-D) - Conservatorships

Provides for changes in existing law relative to conservatorships and specified procedures to be followed.

Chapter 165, Statutes of 1995

SB 964 (Johannessen-R) - Employee Litigation

Prohibits an employee who resigns from subsequently bringing an action alleging his or her wrongful discharge or constructive discharge from employment unless the employee has given the employer or agent prior written notice of the employer's wrongful acts alleged in the complaint.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 975 (Senate Judiciary Committee) - Codes

This is the annual maintenance of the codes bill.

Chapter 91, Statutes of 1995

SB 984* (Campbell-R) - Powers of Attorney

Specifies that the Power of Attorney Law does not affect the validity of a power of attorney executed before January 1995 that was valid under law. Specifies the duties of a notary public in specified cases.

Chapter 300, Statutes of 1995

SB 992 (Mountjoy-R) - Unlawful Detainer

Provides that in any proceeding of unlawful detainer, the tenant must make timely payment of rent.

(In Senate Judiciary Committee)

[PAGE 224]

SB 994 (Haynes-R) - Liability

Limits the recovery of damages in civil actions dealing with the loss of future earnings awarded in lieu of reinstating an employee, as specified. Authorizes an action for wrongful termination of employment.

(On Senate Unfinished Business File)

SB 1014 (O'Connell-D) - Product Liability

Provides that a manufacturer, advertiser, distributor or retail seller of a product intended and marketed primarily for the use by minors has a fiduciary duty to the minor or any person who purchases the product constituting a special duty of care commensurate with the reduced responsibility of the minor.

(In Senate Judiciary Committee)

SB 1034 (Calderon-D) - Evidence

Revises and recasts existing law as it relates to all information necessary to understand and utilize data compilations, as specified. Specifies that a data compilation is included in the definition of "writing".

(In Assembly Judiciary Committee)

SB 1040 (Russell-R) - Mandatory Mediation

Provides for mandatory mediation in certain civil actions.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 1070 (Calderon-D) - Rental Cars

Defines specified taxes to mean sales and use taxes imposed directly upon individual rental transactions, vehicle license fees, as specified, and local taxes on individual rental transactions imposed directly on the renter or specifically permitted to be charged to the renter, as specified. Provides it shall clearly disclose that taxes shall be added and, if applicable, the average dollar amount or range of dollar amounts of vehicle license fees for each full or partial 24-hour rental day.

(On Assembly Inactive File)

[PAGE 225]

SB 1072 (Killea-I) - Nonprobate Transfers

Provides for the registration of securities. Provides that upon the death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form would pass to the beneficiary who survives all owners.

(In Senate Judiciary Committee)

SB 1084 (Beverly-R) - Oil Spills

Requires the administrator of the Oil Spill Prevention and Response Act to establish a standing committee for purposes of studying and reporting to the Governor findings on specified matters relating to oil spills. Requires the issuance of certificates of responsibility to marine facilities based on an amount less than $10,500 per barrel, based on acceptable evidence.

(In Senate Judiciary Committee)

SB 1121 (Watson-D) - Notary Public

Prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete.

Chapter 570, Statutes of 1995

SB 1183 (Mountjoy-R) - Frivolous Actions

Creates a cause of action against an attorney who violates specified duties, making the attorney liable to the opposing party injured for treble damages.

(Failed passage in Senate Judiciary Committee)

SB 1202 (Hughes-D) - Temporary Restraining Orders

Provides that a temporary restraining order or an injunction may be granted upon the application of a district attorney in superior court to prevent the foreclosure upon or other transfer of an interest in real property or to stay the issuance of any loan to be secured by real property, provided that the application establishes probable cause that fraud or forgery is involved in the transaction.

(In Senate Judiciary Committee)

[PAGE 226]

SB 1203 (Hughes-D) - Mortgages: Fraud

Provides that it is the intent of the Legislature to enact legislation that would require a stay of any action for the recovery of any debt or the enforcement of any right secured by a mortgage or deed of trust upon a single family, owner occupied residential real property for the duration of any dispute in which the homeowner alleges that a 3rd party committed fraud.

(In Senate Judiciary Committee)

SB 1219 (Costa-D) - Horses: Equine Slaughter Sale Notice

Provides that at any public auction or sale where equines are sold, a specified notice shall be posted conspicuously or inserted into the consignment agreement, as specified, by the management of the auction or sale warning buyers and sellers that horses sold there may be purchased for slaughter and that the seller can set the minimum bid above current slaughter prices. Requires the management of the auction or sale to post current slaughter prices or to make them available to sellers upon request.

Chapter 99, Statutes of 1995

SB 1285 (Killea-I) - Hazardous Materials

Makes a statement of legislative intent with regard to the liability of lenders and fiduciaries for hazardous material contamination.

(In Assembly Environmental Safety and Toxic Materials Committee)

SB 1286 (Mountjoy-R) - Works of Improvement

Provides that, for each contract for certain public works of improvement, the public agency shall pay to the prime design professional, as specified, any progress payment within 30 days of receipt of a written demand to pay and the final retention payment within 45 days of receipt of a written demand to pay, as specified. Provides, however, that the public agency may withhold an amount not to exceed 150% of the amount concerning which there is a good faith dispute.

Chapter 429, Statutes of 1995

[PAGE 227]

SB 1309 (Campbell-R) - Tort Liability

Revises existing law relative to tort liability. Extends existing provision to economic, as well as non-economic, damages.

(In Senate Judiciary Committee)

SB 1312 (Peace-D) - Employment: Damages

Limits the recovery of damages for loss of future earnings awarded in lieu of reinstating an employee, as specified.

(In Senate Judiciary Committee)

SB 1315 (Rosenthal-D) - Nuisances: Motion Pictures

Provides that any person who seeks direct personal monetary consideration from a production company in exchange for ceasing or promising not to engage in disruptive conduct will be liable in civil damages of up to $250 or 3 times the amount of the requested monetary consideration, whichever is greater.

(On Senate Inactive File)

SB 1318 (Calderon-D) - Damages

Revises existing law relative to the unauthorized use of another's personal characteristics for commercial purposes.

(In Senate Judiciary Committee)

SB 1322 (Calderon-D) - Judicial Review: Public Utilities Commission

Expresses legislative intent to establish the manner and scope or review of Public Utilities Commission (PUC) decisions and to overrule a specified decision of the Supreme Court of California relating to judicial review of PUC matters.

(On Assembly Third Reading)

[PAGE 228]

SB 1363* (Leonard-R) - Personal Rights: Human Tissues

Establishes a personal property right in human tissue and organs, except as specified.

(In Senate Judiciary Committee)

AB 16 (Rainey-R) - Exemplary Damages

Provides that exemplary damages may be recovered in an action for serious bodily injury resulting from attempted murder or the abuse of a spouse or cohabitant or the other parent of one's child.

Chapter 364, Statutes of 1995

AB 36 (Isenberg-D) - Public Benefits Corporations

Amends existing law relative to a corporation amending its articles to change its status to that of a mutual profit corporation, a religious corporation or a cooperative corporation.

(In Assembly Judiciary Committee)

AB 54 (Goldsmith-R) - Civil Actions

Provides that reasonable attorney's fees may be added from the time of an offer to the costs recoverable.

Chapter 911, Statutes of 1995

AB 78 (Morrow-R) - Enforcement of Money Judgments

Excludes individual retirement accounts from specified cases relative to the enforcement of money judgments.

(In Assembly Judiciary Committee)

AB 128 (Rainey-R) - Estates: Bond Fee

Provides that the bond fee on estates administered by the public administrator is an annual fee and provides for the proration of that fee in specified circumstances.

Chapter 160, Statutes of 1995

[PAGE 229]

AB 157 (Villaraigosa-D) - Personal Rights: Breastfeeding

Authorizes mother to breastfeed her infant in any location where she and her infant are otherwise authorized to be present.

Chapter 429, Statutes of 1995

AB 161 (Napolitano-D) - Vital Statistics

Enacts the Vital Records Security Act of 1996 and provides, among other things, that all specified records be classified as vital records.

(On Assembly Inactive File)

AB 237 (Horcher-I) - Civil Procedure

Provides that if a last day to perform or complete any act for the purpose of discovery falls on a Saturday or a holiday, the time limit is extended until the next day that is not a Saturday or a holiday.

(In Assembly Judiciary Committee)

AB 238 (Horcher-I) - Civil Procedure

Provides that if records of a party are sought to be produced at the deposition, the deposition must be scheduled for a date at least 20 days after service of the deposition notice.

(In Assembly Judiciary Committee)

AB 239 (Horcher-I) - Discovery

Authorizes 1 subsequent deposition of a natural person who was previously examined for the limited purpose of discovering the identity, location, and value of property in which the defendant has an interest.

(In Assembly Judiciary Committee)

[PAGE 230]

AB 324 (Setencich-R) - Civil Recovery

Provides that there is no liability on the part of an individual, who is not a peace officer, for injuries resulting from that person arresting or apprehending a person observed to commit a crime that results in the death or injury to a victim.

(In Assembly Judiciary Committee)

AB 372 (Cortese-D) - Mortgages

Provides that the delivery of specified documents secured by any deed of trust be made directly to the trustee.

(In Assembly Judiciary Committee)

AB 376 (Bustamante-D) - Public Agencies: Investigation

Authorizes public utility districts, community services and county, municipal and state water districts to enter upon private property to investigate possible violations, subject to the consent of the property owner or the issuance of a warrant based on probable cause.

Chapter 798, Statutes of 1995

AB 432 (Rainey-R) - Liability: Motor Vehicle Accident Injuries

Provides that in any action to recover damages arising out of the operation or use of a motor vehicle, a person may not recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if he or she is convicted of operating a motor vehicle under the influence of alcohol or drugs, or if he or she has failed to maintain motor vehicle insurance on his or her vehicle, except as specified. Provides that an insurer is not liable for those damages, as specified.

(In Assembly Judiciary Committee)

AB 464 (Campbell-D) - Contracts: Developmentally Disabled

Provides that contracts regarding artistic properties entered into between a developmentally disabled adult and a non-profit organization cannot be disaffirmed on the ground that the person is developmentally disabled if the contract has been approved by a prescribed superior court.

(In Assembly Judiciary Committee)

[PAGE 231]

AB 492 (Alpert-D) - Exemplary Damages

Provides that after the allocation of attorney's fees owed to counsel for a party seeking an award of exemplary damages, except an award payable by a state employee or agency, an award of exemplary damages shall be paid to the Controller, to be used solely by the Department of Education and not to the party seeking the award.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 495 (Horcher-I) - Discovery

Revises existing structure of law relating to discovery, specifically the scheduling of oral depositions.

(In Assembly Judiciary Committee)

AB 522 (Katz-D) - Checks: Insufficient Funds

Decreases the amount owed on a check passed on insufficient funds by any partial payments made within 30 days of the demand and increases the maximum damages from $500 to $1,500.

Chapter 134, Statutes of 1995

AB 534 (Brulte-R) - Film Disruption

Provides that any person who seeks direct personal monetary consideration from a production company in exchange for ceasing or promising not to engage in activity that would disrupt the production of any motion picture will be liable for up to $250 or 3 times the amount of the requested or obtained monetary consideration, whichever is greater, to the production company.

(In Senate Judiciary Committee)

AB 545 (Mazzoni-D) - Nuisance Abatement

Provides that in any action to abate a nuisance the owner of the parcel upon which the nuisance is found is liable for all costs incurred by the county, as specified.

(On Senate Inactive File)

[PAGE 232]

AB 558 (Bordonaro-R) - Trade Libel

Provides that a producer or shipper of perishable agricultural food products who suffers damages as a result of malicious public dissemination of knowingly false information that the product is not safe for human consumption may bring an action for damages.

(In Assembly Judiciary Committee)

A similar bill is SB 492 (Costa-D) which failed passage in Senate Judiciary Committee; reconsideration granted.

AB 565 (Kaloogian-R) - Governmental Tort Liability

Provides that a public entity is not liable for personal injury or death proximately caused by the use of excessive force by a peace officer in its employ unless it is proven that the peace officer's prior conduct in the line of duty made the use of excessive force reasonably foreseeable by the public entity.

(In Assembly Judiciary Committee)

AB 617 (Kuehl-D) - Civil Discovery

Amends existing law relating to civil discovery by a party seeking the production of employment records.

Chapter 299, Statutes of 1995

AB 627 (Katz-D) - Domestic Partnership: Registration, Termination, and Rights Thereof

Defines "domestic partners" and provide for the registration of domestic partnerships with the Secretary of State. The bill would also specify procedures for the termination of domestic partnerships. The bill would prohibit a person who has filed a Declaration of Domestic Partnership from filing a new declaration until at least 6 months has elapsed from the date that a Notice of Termination of Domestic Partnership was filed with the Secretary of State in connection with the termination of the most recent domestic partnership, except where the previous domestic partnership ended because one of the partners died.

Requires the Secretary of State to prepare forms for the registration and termination of domestic partnerships, and distribute these forms to each county clerk.

(In Assembly Judiciary Committee)

[PAGE 233]

AB 675 (Poochigian-R) - Corporate Criminal Liability

Revises and recasts existing law relative to corporate criminal liability.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 700 (Cunneen-R) - Liability: Public Entities and Employees

Provides that a public entity is not liable for hazardous recreational activities that include, among other things, paragliding and mountain bicycling.

Chapter 597, Statutes of 1995

AB 725 (Baldwin-R) - Small Claims

Modifies procedure in cases where a party prevails in a municipal court when the party could have brought the action in small claims court.

Chapter 366, Statutes of 1995

AB 754 (Morrow-R) - Arbitration

Recasts existing law governing the enforcement of arbitration agreements to , among other things, revise the procedures relating to the disqualifications of a neutral arbitrator.

(In Senate Judiciary Committee)

AB 757 (Speier-D) - Exemplary Damages

Enacts the Fair Damages Distribution and Litigation Reduction Act of 1995.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 777 (Speier-D) - State Tort Liability

Enacts special provisions governing the liability of the state for acts of sexual harassment by its officers and employees.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

[PAGE 234]

AB 788 (W. Brown-D) - Confidential Information

Allows, provided federal approval is obtained, any authorized employee of a county social services department to disclose the name and residential address of elderly or disabled clients to police, fire, paramedical or other designated emergency services personnel in the event of a public emergency that necessitates the possible evacuation of the area.

Chapter 121, Statutes of 1995

AB 834 (Kuehl-D) - Real Property: Power of Termination

Provides an additional exception for a restriction created prior to 1968 for which a power of termination has expired if the restriction is also a covenant running with the land. States that this provision is declaratory of existing law. Specifies that this provision does not apply to a person who has acquired real property and detrimentally relied on the nonexistence of a restriction, as provided.

Vetoed by the Governor

AB 867 (V. Brown-D) - County Searches

Provides that a person 16 years of age or older, who knowingly violates the law and necessitates the need for search and/or rescue, is required to repay the rescuing entity reasonable expenses relative to the search and rescue within 30 days of being billed.

Chapter 339, Statutes of 1995

AB 901 (Goldsmith-R) - Works of Improvement

Makes numerous changes to existing requirements relating to procedures involving notices in works of improvement.

Chapter 225, Statutes of 1995

AB 947 (Knight-R) - Negligence

Provides that in any action for damages based on negligence, the rules of contributory negligence shall apply in the event the plaintiff contributed to his/her injury by the commission of specified felonies.

(On Senate Inactive File)

[PAGE 235]

AB 972* (Sher-D) - Product Liability

Provides that existing law relative to liability of a common consumer product does not immunize manufacturers or sellers of tobacco products from liability for claims based on intentional fraud and misrepresentation or conspiracy.

(In Assembly Judiciary Committee)

AB 1016 (Kuehl-D) - Privileged Communication

Amends existing law relative to disclosure of information by a health care provider.

(In Assembly Judiciary Committee)

AB 1028 (Martinez-D) - Civil Procedure

Authorizes the court to establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in specified civil actions.

Chapter 507, Statutes of 1995

AB 1069 (Hauser-D) - Administrative Hearings

Requires that a decision by an administrative law judge be deemed to be adopted by an agency unless the agency files a petition for judicial review, as specified.

(In Senate Judiciary Committee)

AB 1070 (Morrow-R) - Contracts: Binding Arbitration

Provides that if a contract contains a clause for arbitration of any dispute in an arbitration proceeding within California, as a separate article of the contract and substantially complies with specified conditions, it is not a contract of adhesion not unconscionable nor otherwise improper, and arbitration shall be compelled notwithstanding any other provision of law.

(In Assembly Judiciary Committee)

[PAGE 236]

AB 1073 (Morrow-R) - Comparative Fault: Liability

Provides that, in all actions where the principles of comparative fault or comparative indemnity apply, the trier of fact shall apportion fault based on the principles that (1) a person who has engaged in serious criminal wrongdoing, as defined, may not be apportioned a lesser share of fault than any person who has engaged in noncriminal conduct, and (2) a person who has engaged in intentional wrongdoing may not be apportioned a lesser share of fault than any person who has engaged in negligent conduct or who is strictly liable.

(In Assembly Judiciary Committee)

AB 1156 (Bordonaro-R) - Creditor Assignments: Exemption

Exempts a payment to a claimant in exchange for the claimant's waiver or release of any potential or asserted claim of lien, stop notice or right of recovery on a payment bond from recovery by the assignee.

Chapter 152, Statutes of 1995

AB 1159 (Richter-R) - Vehicles: Leases

Provides that in a vehicle transaction, where the subject matter of the transaction, with specified exceptions, is a motor vehicle or trailer, as defined, that merely provides that the amount of rental payments may be increased or decreased by reference to the amount realized by the lessor upon sale or disposition of the vehicle or trailer. Specifies that nothing in that provision affects the application or administration of the Sales and Use Tax Law.

Chapter 320, Statutes of 1995

AB 1174 (Cunneen-R) - Statute of Limitations: Environmental Actions

Provides that specified civil actions for the diversion, obstruction, or pollution of the state's waters is subject to a 5-year statute of limitations.

Chapter 238, Statutes of 1995

AB 1192 (Takasugi-R) - Service of Process

Provides an unspecified definition of a "gated community" for the purpose of performing lawful service of process.

(In Senate Judiciary Committee)

[PAGE 237]

AB 1204 (Gallegos-D) - Expert Witness Fees

Revises existing law pertaining to expert witness fees.

Chapter 797, Statutes of 1995

AB 1225 (Assembly Judiciary Committee) - Court Operations

Adds clarifying language relative to timetables in civil procedure and holidays.

Chapter 576, Statutes of 1995

AB 1239 (Weggeland-R) - Privileges

Provides that specified documents prepared for or created by a defined compliance review committee of a defined supervised financial organization are confidential and not discoverable or admissible as evidence in any civil action.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1242 (Bordonaro-R) - Negligence

Provides that in an action for personal injury or wrongful death filed after January 1, 1996, nothing shall be construed to permit any collateral source payment paid or owed to a plaintiff to be admitted into evidence before the trier of fact.

(In Senate Judiciary Committee)

AB 1249 (House-R) - Commencement of Actions

Makes changes to existing law relative to the commencement of actions relating to asbestos exposure.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

[PAGE 238]

AB 1346 (Baldwin-R) - Civil Assessments

Authorizes the court, in addition to any other penalty in infraction, misdemeanor, or felony cases, to impose a civil assessment against any defendant who fails to pay all or any portion of a fine ordered by the court. Provides that if a civil assessment is imposed for a failure to pay a fine, no bench or arrest warrant shall be issued with respect to the failure to pay the fine. Provides that an outstanding, unserved bench or arrest warrant for a failure to appear or for a failure to pay a fine shall be recalled prior to the subsequent imposition of a civil assessment.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1355 (Knowles-R) - Tort Liability

Provides that the civil immunity of juvenile court social workers, child protection workers and other public employees authorized to initiate investigations or proceedings pursuant to the juvenile court law shall not extend to acts of perjury, fabrication of evidence or other specified acts.

Chapter 977, Statutes of 1995

AB 1361 (Knowles-R) - Public Entities: Liability

Makes conforming changes in existing law relating to liability, for litigation expenses associated with public entities.

Chapter 799, Statutes of 1995

AB 1389 (Setencich-R) - Copyright: Contracts

Regulates contracts between proprietors of retail establishments, as specified, and copyright owners and performing rights societies. Specifies required terms of the contracts, prohibits certain conduct by copyright owners and performing rights societies, and provides civil penalties.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1405 (W. Brown-D) - Punitive Damages

Requires that specified damages be imposed as a means to deter future conduct in cases arising from a breach of an obligation, not arising out of a contract, where the defendant is guilty of oppression, fraud or malice.

(In Assembly Judiciary Committee)

[PAGE 239]

AB 1423 (Brulte-R) - Civil Action

Exempts a person other than a peace officer from civil liability for any injury or death of a felony offender during an attempt to detain or apprehend the offender after the commission of a felony.

(In Assembly Judiciary Committee)

AB 1461 (Bordonaro-R) - County Searches

Provides that whenever a county or city is billed for a search and rescue of one of its residents 16 years old or over by another city or county, the county or city receiving the bill may seek reimbursement from the resident.

Chapter 338, Statutes of 1995

A similar bill is AB 867 (V. Brown-D) also in this section.

AB 1466 (Kaloogian-R) - Trusts and Wills

Revises specified procedure and remedies relative to trusts and wills.

Chapter 730, Statutes of 1995

AB 1467 (Kaloogian-R) - Collection of Awards

Provides that any action involving an award of child support or spousal support or an award of restitution, recoverable costs shall include any costs related to collection.

(In Senate Judiciary Committee)

AB 1479 (Weggeland-R) - Civil Actions

Extends existing law in civil actions and proceedings in cases where a party refuses to accept a settlement offer.

(In Assembly Judiciary Committee)

[PAGE 240]

AB 1488 (Caldera-D) - Emergency Medical Services

Provides immunity for dispatchers in emergency medical services.

(In Senate Judiciary Committee)

AB 1516 (Morrow-R) - Professional Negligence

Provides that no person may be held jointly liable to a third party for any defect in the performance of professional services for another, as specified.

(In Assembly Judiciary Committee)

AB 1571 (Caldera-D) - Humane Societies

Provides that no entity other than a humane society or society for the prevention of the cruelty to animal shall be eligible to apply for an appointment of any individual as a Level 1 or Level 2 humane officer.

Chapter 806, Statutes of 1995

AB 1577 (Bowen-D) - Digital Signatures

Provides that in any written communication with a public entity, a signature may be affixed using a digital signature.

Chapter 594, Statutes of 1995

AB 1600 (Poochigian-R) - Civil Procedure

Repeals specified civil procedures that cause unnecessary delays in court.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 1601 (Poochigian-R) - Product Liability

Enacts the California Product Liability Reform Act of 1995.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

[PAGE 241]

AB 1688 (Escutia-D) - Legal Proceedings

Prohibits the Governor from initiating legal proceedings that oppose or seek to overturn state or federal law.

(In Assembly Judiciary Committee)

AB 1730 (Morrow-R) - Civil Actions: Product Liability

Provides that an action for death or injury caused by a defective product must be brought within 10 years, as specified.

(In Assembly Judiciary Committee)

AB 1828 (Bustamante-D) - Records

Continues indefinitely the requirement that a notary public maintain a thumbprint in specified cases and journals.

Chapter 569, Statutes of 1995

AB 1860 (Allen-R) - Environmental Quality: Actions and Proceedings

Repeals existing law relative to mailing timeframes of specified notices in actions and proceedings in environmental quality cases. Requires, instead, that the public agency mail a copy of certain notices to a person who requests the notice.

Chapter 801, Statutes of 1995

AB 1862 (Morrow-R) - Exemplary Damages

Provides that in any action in which exemplary damages are recoverable, the trier of fact shall determine whether the defendant is liable for exemplary damages.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

[PAGE 242]

AB 1868 (Katz-D) - Pipeline Corporations: Damages

Requires each pipeline corporation that qualifies as a public utility that transports crude oil be strictly liable for any damages incurred by any injured party which arise from the discharge or leaking of crude oil.

Chapter 979, Statutes of 1995

AB 1898 (Johnson-R) - Civil Actions

Provides that the plaintiff, as well as the defendant, has the option to serve case questionnaires with the complaint in order to elicit fundamental information about the other party's case.

(In Senate Judiciary Committee)

AB 1904 (Knox-D) - Damages

Provides that the unauthorized use of another person's name, voice, signature, photograph likeness, or a deceased personality for commercial use is liable for an amount equal to the greater of $1,000 or the actual damages suffered.

(In Senate Judiciary Committee)

AB 1927 (Cunneen-R) - Judicial Arbitration

Changes the amount in controversy from $50,000 to $150,000 in those cases that must be submitted for judicial arbitration.

(In Senate Judiciary Committee)

AB 1938 (Morrow-R) - Negligency

Provides that in any action for personal injury based on negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensated for pain, suffering, inconvenience, physical impairment, disfigurement and other specified damages.

(In Assembly Judiciary Committee)

[PAGE 243]

ACA 28 (Richter-R) - Juries

Provides that juries in civil causes shall consist of 6 persons. Provides that in criminal actions the jury shall consist of 6 persons, except that in capital cases, the jury shall consist of 6 persons unless the United States Constitution is held to require a greater number, in which case the jury shall consist of that greater number or any lesser number agreed upon by the parties in open court.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

ACR 14 (Rainey-R) - California Law Revision Commission

Gives legislative approval to the California Law Revision Commission to continue its study of numerous, specified topics that the Legislature has previously authorized or directed the commission to study.

Chapter 87, Statutes of 1995

[PAGE 244]

DISASTER RELIEF

NOTE: * Denotes Urgency Legislation

[PAGE 245]

Disaster Relief

SB 64* (Rosenthal-D) - Income Tax: Northridge Earthquake

Deletes the 10% of adjusted gross income limitation for amounts that may be deducted from state income taxes for non-business losses uninsured as a result of the Northridge earthquake of 1994. Becomes operative in the event the federal income tax laws are similarly amended.

(Held under submission in Senate Appropriations Committee)

SB 882* (Rosenthal-D) - Earthquake Insurance: Mediation: Northridge Earthquake

Establishes a pilot program for mediating disputes over claims arising out of the Northridge earthquake of 1994, as specified.

Chapter 848, Statutes of 1995

SB 1X* (O'Connell-D) - Disaster Relief

Allows the state to fund up to 100% of state eligible costs of replacing/repairing public facilities damaged by floods as a result of the 1955 storms that occurred from 1/3/95 to 2/13/95. The state is only to assume an increased share in those cases where the federal Emergency Management Administration has approved the federal share of costs. Double joined with AB 2X* (Mazzoni-D).

Chapter 2, Statutes of 1995-96, First Extraordinary Session

Similar bills are: AB 2X* (Mazzoni-D) which became Chapter 1X, Statutes of 1995, First Extraordinary Session; SB 3X* (Leslie-R) which is in Senate Toxics and Public Safety Management Committee; AB 155* (Mazzoni-D) which died in Assembly Local Government Committee; and AB 10X* (Frusetta-R) which died in Assembly Governmental Organization Committee. hr>

[PAGE 246]

SB 2X* (Thompson-D) - Disaster Relief: Taxation: 1995 Storms

Provides for property tax relief for local governments and income tax relief for losses arising from 1995 storms. Double joined with AB 1X* (V. Brown) and AB 3X* (Firestone-R).

Chapter 5, Statutes of 1995-96, First Extraordinary Session

Similar bills are: AB 1X* (V. Brown-D) which became Chapter 3X, Statutes of 1995-96, First Extraordinary Session; AB 3X* (Firestone-R) which became Chapter 4X, Statutes of 1995-96, First Extraordinary Session; AB 6X* (Kuykendall-R) which failed passage in Assembly Revenue and Taxation Committee; AB 11X* (McPherson-R) which is in Assembly Revenue and Taxation Committee; and SB 91* (Thompson-D) which is in Assembly Revenue and Taxation Committee.

SB 4X (Haynes-R) - Flood Control Projects: Stream Alterations

Exempts flood control projects by any city, county or city and county from the requirements to notify the Department of Fish and Game and submit general plans for any flood control project in an urbanized area that would change the natural flow of a river, stream, or lake; use materials from the streambed; or dispose of debris or waste where it may pass into those waters.

(Failed passage in Senate Natural Resources and Wildlife Committee)

A similar bill is SB 12X (Johannessen-R) which is in Senate Natural Resources and Wildlife Committee.

SB 5X (Rosenthal-D) - Flood Insurance

Requires the Insurance Commissioner to adopt regulations to encourage purchase and maintenance of flood insurance and to consult with specified interested parties in developing these regulations. Requires the Department of Insurance to monitor efforts undertaken to promote the purchase and maintenance of flood insurance.

Chapter 9, Statutes of 1995-96, First Extraordinary Session

SB 6X* (Leslie-R) - School Repair: Natural Disasters

Requires the Department of General Services to review and approve school building plans within 60 days when those plans are to repair or reconstruct schools damaged due to manmade or natural disasters.

Chapter 7, Statutes of 1995-96, First Extraordinary Session

[PAGE 247]

SB 7X (Hayden-D) - Disaster Assistance: Flood Insurance

Prohibits, except for disaster assistance that would not be a substitute for insurance and certain emergency assistance, state disaster assistance from being provided to a person required to maintain flood insurance by state or federal law, who has canceled or allowed that insurance to lapse, as specified.

Chapter 8, Statutes of 1995-96, First Extraordinary Session

SB 8X (Campbell-R) - Natural Disaster Assistance: Real Estate Transfers

Enacts the Disaster Relief Report Act of 1995. Requires that a disclosure statement containing specified information regarding certain natural conditions or hazards be delivered to a prospective purchaser of real property. Creates a new disaster assistance program which is to be the sale and exclusive relief that the state government provides to property owners whose properties have been damaged by natural disasters, except to those properties where private insurance was not reasonably available.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 9X (Johannessen-R) - Disasters: Restoration of Land

Exempts from the California Environmental Quality Act repairs to land and buildings damaged by natural or manmade disasters or emergencies.

(In Senate Governmental Organization Committee)

SB 11X (Mello-D) - River Maintenance: Flood Control

Requires all state agencies that have the authority for the cleanup and maintenance of rivers and flood control channels to cooperate with local agencies and ensure timely and thorough cleanup as well as ongoing maintenance of the Pajaro, Salinas, and Carmel Rivers, as specified. Allows creation of the Pajaro River Basin Flood Control Authority, if participating local agencies elect to create such an entity.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

[PAGE 248]

AB 386* (Alby-R) - Disaster Relief: 1986 Flood

Enacts the 1986 Rio Linda/Strawberry Manor Flood Disaster Relief program to provide compensation to victims for personal and real property loss or damages suffered in the 1986 floods.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

AB 1595* (Brewer-R) - Taxation: Disaster Relief

Exempts a basic aid school district that is located in a county where the Governor has declared a disaster in fiscal year 1993-94 from the prohibition against receiving property tax revenue from the supplemented property tax roll.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

AB 1796* (Richter-R) - Yuba County Flood Damages

Creates the Yuba County Flood Damages Fund for the purpose of allowing the State Controller to compensate persons who are plaintiffs in a suit against the State of California arising out of the February 1986 floods in Yuba County.

(Failed passage in Assembly Appropriations Committee; reconsideration granted)

AB 4X* (Allen-R) - Flood Control: Santa Ana River

Appropriates $76,160,000 to reimburse the Orange County Flood Control District for nonfederal costs incurred in the building of the Santa Ana River Mainstream Project.

(Failed passage on the Assembly Floor)

AB 5X* (Sher-D) - Flood Plains: Real Estate Transfers

Broadens the required disclosure by the seller of real property by requiring that a seller disclose when the property is located within a flood plain of a watercourse that poses a substantial risk of flooding.

(In Assembly Housing and Community Development Committee)

[PAGE 249]

AB AB (Escutia-D) - Schools: Disaster Kits[PAGE 8X (Escutia-D) - Schools: Disaster Kit]

Requires the governing board of each school district and county superintendent of schools of each county within its jurisdiction to provide an earthquake and flood emergency and disaster preparedness kit, as specified.

(In Assembly Education Committee)

AB 12X* (Brewer-R) - Disaster Relief: Claims

Extends the time for counties to file disaster relief claims for property damaged in the 1993 fires in Southern California and the 1994 Northridge earthquake.

Chapter 10, Statutes of 1995-96, First Extraordinary Session

[PAGE 250]

EDUCATION

NOTE: *DENOTES URGENCY LEGISLATION

[PAGE 251]

95SIG200

1995 Significant Legislation

Pages 200-299