Retail grocery stores and retail drug stores: acquisition: notice to Attorney General.

Existing law, upon change in control of a grocery establishment, establishes a transitional period of employment for eligible grocery workers, as specified. This bill would prohibit a person from acquiring any voting securities or assets of a retail grocery firm or retail drug firm, as those terms are defined, unless both parties give, or in the case of a tender offer, the acquiring party gives, specified notice to the Attorney General no less than 180 days before the acquisition is made effective. The bill would require an acquiring party who is required to file notice pursuant to the federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 to submit the form and documentary material required to be submitted under that federal act, and would specify information to be included in the notice for a party who is not required to file notice pursuant to that federal act, including information required to assess the competitive effects of the proposed acquisition and to assess the economic and community impact of any planned divestiture or store closures. The bill would require the notice to be given under oath and affirmation. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would give the Attorney General 180 days to evaluate the transaction, and would require the Attorney General to charge the acquiring party a filing fee, as specified, incident to the cost for the Attorney General to receive, review, and analyze the notice. The bill would authorize the Attorney General to adopt regulations to effectuate the bill's provisions. The bill would deem as confidential any information submitted to the Attorney General under provisions of federal law rendering them confidential. The bill would make a violation of the bill's provisions subject to injunctive relief and other equitable remedies, and would entitle Attorney General to recover attorney's fees and costs and impose civil penalties of up to $20,000 for each day of noncompliance. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.