BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1356
                                                                  Page  1

          Date of Hearing:   June 18, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 1356 (Lieu) - As Amended:  April 10, 2014 

          Policy Committee:                              JudiciaryVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill extends by one year, until January 1, 2016, the sunset  
          date for the current pilot program authorizing local prosecutors  
          to maintain an action for nuisance abatement in non-residential  
          property used for the manufacture or sale of counterfeit goods,  
          and also defers the corresponding deadline for reporting program  
          outcomes to the Legislature.

           FISCAL EFFECT  

          Negligible fiscal impact.

           COMMENTS  

          1)Background  . AB 568 (Lieu)/Statutes of 2009, provided local  
            prosecutors, until January 1, 2015, with an additional tool to  
            address the problems of piracy and manufacture of counterfeit  
            goods in California. Under that bill, if a person is convicted  
            for willfully manufacturing, intentionally selling, or  
            knowingly possessing for sale any counterfeit mark, as  
            specified, then a nonresidential building or place used by  
            that person for that purpose shall be deemed a nuisance which  
            may be enjoined, abated, and prevented, and for which damages  
            may be recovered, whether it is a public or private nuisance.  
            Under the bill, a 30-day notice must be sent to the owner  
            prior to the filing of any such action, and any local  
            prosecutor who brings such an action must report specified  
            information to Legislature by October 1, 2013. 

           2)Purpose  . This bill extends the deadline for mandatory  
            reporting to February 1, 2015, and the sunset for the overall  
            program to January 1, 2016.  According to the author, this  








                                                                  SB 1356
                                                                  Page  2

            extension is needed to allow more time for information to be  
            reported to the Legislature. There has been a dearth of data  
            reported thus far, and it is unknown which jurisdictions other  
            than Los Angeles have exercised the authority provided by the  
            SB 568, nor what the impact has been on counterfeiting  
            activity in those areas.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081