BILL NUMBER: AB 621 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Saldana
FEBRUARY 25, 2009
An act to amend Sections 29000 and 29001 of the
Government Code, relating to local government. An act
to amend Sections 425.17 and 1281.2 of the Code of Civil Procedure,
relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
AB 621, as amended, Saldana. County Budget Act.
Civil actions: minors: anti-SLAPP: arbitration.
(1) Existing law provides that a cause of action against a person
arising from any act of that person in furtherance of the person's
right of petition or free speech under the United States Constitution
or California Constitution in connection with a public issue, as
specified, shall be subject to a special motion to strike, unless the
court, after considering the pleadings and supporting and opposing
affidavits, determines that there is a probability that the plaintiff
will prevail on the claim, subject to specific exceptions. These
provisions do not apply to any action brought in the name of the
people of the State of California by certain state and local
prosecutors, and require all discovery proceedings to be stayed upon
the filing of a notice of this special motion, except as specified.
This bill would provide that these provisions do not apply to
specified civil rights actions if the person bringing the action, or
the person on whose behalf the action is brought, was a minor at the
time the activity that gave rise to the civil action occurred.
(2) Under existing law, on petition of a party to an arbitration
agreement alleging the existence of a written agreement to arbitrate
a controversy and that a party thereto refuses to arbitrate that
controversy, the court is required to order the petitioner and the
respondent to arbitrate the controversy if it determines that an
agreement to arbitrate the controversy exists, unless certain other
determinations are made.
This bill would provide that a court may set aside an arbitration
agreement in a civil action that is based on a violation of certain
civil rights provisions if a party to the arbitration was a minor at
the time the agreement was entered, as specified.
Existing law specifies the procedures for establishing the annual
budget for each county, and defines the terms "administrative
officer," "auditor," "board," and "controller" for purposes of those
provisions.
This bill would establish those provisions as the County Budget
Act and would additionally define the terms "adopted budget," "budget
year," "final budget," and "recommended budget" for purposes of that
act.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION. 1 Section 425.17 of the Code
of Civil Procedure is amended to read:
425.17. (a) The Legislature finds and declares that there has
been a disturbing abuse of Section 425.16, the California Anti-SLAPP
Law, which has undermined the exercise of the constitutional rights
of freedom of speech and petition for the redress of grievances,
contrary to the purpose and intent of Section 425.16. The Legislature
finds and declares that it is in the public interest to encourage
continued participation in matters of public significance, and that
this participation should not be chilled through abuse of the
judicial process or Section 425.16.
(b) Section 425.16 does not apply to any action brought solely in
the public interest or on behalf of the general public if all of the
following conditions exist:
(1) The plaintiff does not seek any relief greater than or
different from the relief sought for the general public or a class of
which the plaintiff is a member. A claim for attorney's fees, costs,
or penalties does not constitute greater or different relief for
purposes of this subdivision.
(2) The action, if successful, would enforce an important right
affecting the public interest, and would confer a significant
benefit, whether pecuniary or nonpecuniary, on the general public or
a large class of persons.
(3) Private enforcement is necessary and places a disproportionate
financial burden on the plaintiff in relation to the plaintiff's
stake in the matter.
(c) Section 425.16 does not apply to any cause of action brought
against a person primarily engaged in the business of selling or
leasing goods or services, including, but not limited to, insurance,
securities, or financial instruments, arising from any statement or
conduct by that person if both of the following conditions exist:
(1) The statement or conduct consists of representations of fact
about that person's or a business competitor's business operations,
goods, or services, that is made for the purpose of obtaining
approval for, promoting, or securing sales or leases of, or
commercial transactions in, the person's goods or services, or the
statement or conduct was made in the course of delivering the person'
s goods or services.
(2) The intended audience is an actual or potential buyer or
customer, or a person likely to repeat the statement to, or otherwise
influence, an actual or potential buyer or customer, or the
statement or conduct arose out of or within the context of a
regulatory approval process, proceeding, or investigation, except
where the statement or conduct was made by a telephone corporation in
the course of a proceeding before the California Public Utilities
Commission and is the subject of a lawsuit brought by a competitor,
notwithstanding that the conduct or statement concerns an important
public issue.
(d) Subdivisions (b) and (c) do not apply to any of the following:
(1) Any person enumerated in subdivision (b) of Section 2 of
Article I of the California Constitution or Section 1070 of the
Evidence Code, or any person engaged in the dissemination of ideas or
expression in any book or academic journal, while engaged in the
gathering, receiving, or processing of information for communication
to the public.
(2) Any action against any person or entity based upon the
creation, dissemination, exhibition, advertisement, or other similar
promotion of any dramatic, literary, musical, political, or artistic
work, including, but not limited to, a motion picture or television
program, or an article published in a newspaper or magazine of
general circulation.
(3) Any nonprofit organization that receives more than 50 percent
of its annual revenues from federal, state, or local government
grants, awards, programs, or reimbursements for services rendered.
(e) Section 425.16 does not apply to any action authorized by
either Section 51.7 or Section 52.1 of the Civil Code, if the person
bringing the action, or the person on whose behalf the action is
brought, was a minor at the time the activity occurred that gave rise
to the civil action.
(f) If any trial court denies a special
motion to strike on the grounds that the action or cause of action is
exempt pursuant to this section, the appeal provisions in
subdivision (j) of Section 425.16 and paragraph (13) of subdivision
(a) of Section 904.1 do not apply to that action or cause of action.
SEC. 2 Section 1281.2 of the Code of
Civil Procedure is amended to read:
1281.2. (a) On petition of a party to an
arbitration agreement alleging the existence of a written agreement
to arbitrate a controversy and that a party thereto refuses to
arbitrate such controversy, the court shall order the petitioner and
the respondent to arbitrate the controversy if it determines that an
agreement to arbitrate the controversy exists, unless it determines
that:
(a)
(1) The right to compel arbitration has been
waived by the petitioner ; or .
(b)
(2) Grounds exist for the revocation of the
agreement.
(c)
(3) A party to the arbitration agreement is
also a party to a pending court action or special proceeding with a
third party, arising out of the same transaction or series of related
transactions and there is a possibility of conflicting rulings on a
common issue of law or fact. For purposes of this section, a pending
court action or special proceeding includes an action or proceeding
initiated by the party refusing to arbitrate after the petition to
compel arbitration has been filed, but on or before the date of the
hearing on the petition. This subdivision shall not be applicable to
an agreement to arbitrate disputes as to the professional negligence
of a health care provider made pursuant to Section 1295.
If
(b) If the court determines that
a written agreement to arbitrate a controversy exists, an order to
arbitrate such controversy may not be refused on the ground that the
petitioner's contentions lack substantive merit.
If
(c) If the court determines that
there are other issues between the petitioner and the respondent
which are not subject to arbitration and which are the subject of a
pending action or special proceeding between the petitioner and the
respondent and that a determination of such issues may make the
arbitration unnecessary, the court may delay its order to arbitrate
until the determination of such other issues or until such earlier
time as the court specifies.
If
(d) If the court determines that
a party to the arbitration is also a party to litigation in a pending
court action or special proceeding with a third party as set forth
under subdivision (c) herein paragraph (3) of
subdivision (a) , the court (1) may refuse to enforce the
arbitration agreement and may order intervention or joinder of all
parties in a single action or special proceeding; (2) may order
intervention or joinder as to all or only certain issues; (3) may
order arbitration among the parties who have agreed to arbitration
and stay the pending court action or special proceeding pending the
outcome of the arbitration proceeding; or (4) may stay arbitration
pending the outcome of the court action or special proceeding.
(e) In the case of an action authorized by either Section 51.7 or
Section 52.1 of the Civil Code, if the court determines that a party
to the arbitration was a minor at the time the arbitration agreement
was entered into by the minor's parent or legal guardian, the court
may set aside the arbitration agreement.
SECTION 1. Section 29000 of the Government Code
is amended to read:
29000. This chapter shall be known, and my be cited, as the
County Budget Act. Unless the context otherwise requires or provides,
the general provisions set forth in this article, and the
requirements concerning county budget matters prescribed by the
Controller under Section 30200, govern the construction of this
chapter.
SEC. 2. Section 29001 of the Government Code is
amended to read:
29001. Except as otherwise defined in this section, the meaning
of terms used in this chapter shall be as defined in the Accounting
Standards and Procedures for Counties prescribed by the Controller
pursuant to Section 30200.
As used in this chapter:
(a) "Administrative officer," means the chief administrative
officer, county administrator, county executive, county manager, or
other officials employed in the several counties under various titles
whose duties and responsibilities are comparable to the officials
named herein.
(b) "Adopted budget" means the budget document formally approved
by the board of supervisors after the required public hearings and
deliberations on the recommended budget.
(c) "Auditor" means the county auditor or that officer whose
responsibilities include those designated in Chapter 4 (commencing
with Section 26900) of Division 2.
(d) "Board" means the board of supervisors of the county, or the
same body acting as the governing board of a special district whose
affairs and finances are under its supervision and control.
(e) "Budget year" means the fiscal year for which the budget is
being prepared.
(f) "Controller" means the State Controller.
(g) "Final budget" means the adopted budget adjusted by all
revisions throughout the fiscal years, as of June 30.
(h) "Recommended budget" means the budget document recommended to
the board of supervisors by the designated county official.