Asm. Donald Wagner

Existing law requires the governing body of a public entity to adopt a resolution of necessity, as specified, and send related notices before commencing an eminent domain proceeding. Existing law provides that an owner of property taken by eminent domain is entitled to compensation and imposes certain requirements on the owner in order to be compensated for loss of goodwill, as described. This bill would further require, for the owner of a business to be compensated for loss of goodwill, that the business owner adduce sufficient evidence to permit a jury to find that goodwill existed prior to the taking.

The California Constitution establishes a right of privacy. Existing statutory law, the Reproductive Privacy Act, contains provisions regulating abortions, including a requirement that the procedure be performed by a physician and surgeon. The act prohibits the state from denying or interfering with a woman's right to choose or obtain an abortion prior to viability of the fetus, or if the abortion is necessary to protect the life or health of the woman. This measure, which would be known as the Parental Notification, Child and Teen Safety, Stop Predators Act, would prohibit a physician and surgeon from performing an abortion on an unemancipated minor, as defined, unless the physician and surgeon or his or her agent has delivered written notice to the parent of the unemancipated minor, or until a waiver of that notice has been received from the parent or issued by a court pursuant to a prescribed process. The measure would require the physician and surgeon performing an abortion on an unemancipated minor to report specified information to State Department of Public Health and would require the department to compile an annual statistical report with that information. The measure would impose civil and criminal liability for violation of this measure, as specified.

Existing law, the Superior Court Security Act of 2012, requires a presiding judge to develop, in conjunction with the sheriff or marshall, an annual or multiyear comprehensive court security plan, as defined, that includes a mutually agreed upon law enforcement security plan, as defined, to be utilized by the court. The act requires the sheriff to attend all superior court sessions held within his or her county, whenever required, as specified. Existing law requires the sheriff, with the approval and authorization of the board of supervisors, and on behalf of the county, in those counties in which the sheriff's department provides court security services, to enter into an annual or multiyear memorandum of understanding with the superior court specifying an agreed-upon level of court security services and any other agreed-upon governing or operating procedures. Under the act, the sheriff is responsible for the necessary level of court security services, as established by the memorandum of understanding, except as specified. This bill would make technical, nonsubstantive changes to those provisions.

Under existing law, parties to actions or proceedings are entitled to their costs, as specified. Except to the extent attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties. Existing law provides that a prevailing party is entitled, as a matter of right, to recover costs in any action or proceeding, including attorney's fees, except as otherwise expressly provided by statute. This bill would require the court, in setting the amount of an award of attorney's fees to a prevailing party, to determine a lodestar, as defined, and an adjustment pursuant to specified procedures.

Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. This law considers a person making more than 2 retail sales of tangible personal property during any 12-month period to be a retailer, as specified. Existing law also exempts from tax, the gross receipts from occasional sales of tangible personal property other than vehicles, vessels, or aircraft. This bill would repeal the provision considering a person making more than 2 retail sales in a 12-month period a retailer and would include in the definition of an occasional sale, the sale of tangible personal property the gross receipts of which are $2000 or less, and would further include in that definition, 12 or fewer sales of tangible personal property in a 12-month period the gross receipts of which are more than $2000, provided that the consideration for those sales is other than money. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts to impose transactions and use taxes in accordance with the Transactions and Use Tax Law which conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.

Existing law provides, upon being served with a summons and complaint asserting a construction-related accessibility claim, that specified defendants may file a request for a court stay and early evaluation conference in the proceedings, as specified. This bill would permit a local government, as defined, to file a request for a court stay and early evaluation conference pursuant to this provision.