Final Four CCBA Program Bills Signed Into Law

Governor Brown

The final four bills on this year's Conference of California Bar Associations (CCBA)  legislative program were among the hundreds of bills addressed by Governor Edmund G. Brown, Jr., in the final week prior to the September 30 constitutional deadline for signing or vetoing legislation.  The signings brought the total number of CCBA-sponsored or -supported bills enacted in 2012 to thirteen (with one more enacted administratively).

Assm. Blumenflield

The first of the four signed into law by Governor Brown was AB 2521 by Assemblymember Bob Blumenfield, which makes several positive changes in landlord-tenant law relating to the disposition of personal property left behind by a former tenant.   The central provision of the bill, which is based on  CCBA Resolution 04-01-2006, increases the value of unclaimed property that triggers the statutory obligation for a landlord to sell the property at public sale from $300 to $700.  The bill also enhances the ability of former tenants to reclaim their property by providing a two-day “grace period” in which a tenant can claim property which has not be removed from the vacated unit without incurring storage costs, and expands early notice given to a former tenant so he or she clearly understands the options and costs associated with reclaiming the personal property. CCBA Resolution 04-01-2006 was developed by

The final three bills were signed on September 30, hours before the midnight deadline:

Assm. Swanson

AB 2674 by Assembly Labor & Employment Committee Chair
Sandré Swanson extends the current right of employees to inspect their personnel records to former employees, and clarifies that both employees and former employees not only have the right to inspect such records, but also to obtain copies - a key issue for employees with limited English or education and the objective of CCBA Resolution 08-01-2011, sponsored by the Orange County Bar Association. The bill is the product of several years of negotiation between labor and employer interests in the Legislature, and makes a number of additional refinements to the law relating to access to personnel records to make it work for all concerned and avoid the vetoes that plagued the concept in the past.

AB 2675, also by Assemblymember Swanson, is follow-up legislation to last-year's CCBA-sponsored AB 1396, a measure developed by delegate Michael Sohigian and sponsored by the Beverly Hills Bar Association (CCBA Resolution 04-01-2009), which requires commission contracts to be in writing.  This year's measure, developed to respond to concerns of the California New Car Dealers Association, clarifies that no new writing is required for temporary, variable incentive payments that increase, but do not decrease, commissions paid under the written contract.

Assm. Ammiano

The final bill signed by Governor Brown from the CCBA's legislative program is AB 1707 by Assemblymember Tom Ammiano, which continues the process of bringing due process and  fairness to the CACI (Child Abuse Central Index) reporting process by removing individuals from the index after 10 years if the incident of abuse occurred when the individual was under 18 and there have been no other offenses.  The measure is a follow-up to SB 1022 of 2007, which was co-sponsored by the CCBA (Resolution 07-08-2005, developed by David Gettis and sponsored by the San Diego County Bar Association).