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AB-2961 Federally recognized California Indian tribes: civil remedies.(2019-2020)

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Date Published: 04/27/2020 09:00 PM
AB2961:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2961


Introduced by Assembly Member Eduardo Garcia

February 21, 2020


An act to amend Sections 16702, 16721.5, and 17201 of the Business and Professions Code, and to amend Section 3493 of the Civil Code, relating to civil law.


LEGISLATIVE COUNSEL'S DIGEST


AB 2961, as amended, Eduardo Garcia. Civil law: action for public nuisance. Federally recognized California Indian tribes: civil remedies.
Existing law makes engaging in specified acts an unlawful trust and an unlawful restraint of trade, and authorizes any person who is injured in their business or property by that act to sue for damages and injunctive relief. Existing law defines the term “person” for purposes of these provisions as including corporations, firms, partnerships, and associations, as specified.
This bill would expand the definition of the term “person” to include a federally recognized California Indian tribe.
Existing law authorizes a court of competent jurisdiction to make injunctive orders or judgments as may be necessary to prevent the use by any person of any practice that constitutes unfair competition, as defined, or as may be necessary to restore to a person in interest money or property that may have been acquired by means of unfair competition. Existing law, for these purposes, defines the term “person” to mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations, and other organizations of persons.
This bill would expand the definition of the term “person” for purposes of these provisions to include a federally recognized California Indian tribe.
Existing law establishes that a private person may maintain an action for public nuisance only if the nuisance is especially injurious to them.

This bill would make nonsubstantive changes to that provision.

This bill would define the term “private person” to include a federally recognized California Indian tribe.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16702 of the Business and Professions Code is amended to read:

16702.
 As used in this chapter “person” or “persons” includes corporations, firms, partnerships partnerships, and associations existing under or authorized by the laws of this State or any other State, or any foreign country. country, and federally recognized California Indian tribes.

SEC. 2.

 Section 16721.5 of the Business and Professions Code is amended to read:

16721.5.
 (a) It is an unlawful trust and an unlawful restraint of trade for a person to do the following:
(1) Grant or accept a letter of credit, or other document that evidences the transfer of funds or credit, or enter into a contract for the exchange of goods or services, if the letter of credit, contract, or other document contains a provision that requires a person to discriminate against, or to certify that he, she, or it has not dealt with, another person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, or on the basis of a person’s lawful business associations.
(2) To refuse to grant or accept a letter of credit, or other document that evidences the transfer of funds or credit, or to refuse to enter into a contract for the exchange of goods or services, on the ground that the letter, contract, or document does not contain a discriminatory provision or certification.
(b) This section shall not apply to a letter of credit, contract, or other document that contains a provision pertaining to a labor dispute or an unfair labor practice if the other provisions of that letter of credit, contract, or other document otherwise do not violate this section.
(c) For purposes of this section, the prohibition against discrimination on the basis of a person’s business associations does not include the requiring of association with particular employment or a particular group as a prerequisite to obtaining group rates or discounts on insurance, recreational activities, or other similar benefits.
(d) For purposes of this section, “person” shall include, but not be limited to, individuals, firms, partnerships, associations, corporations, and governmental agencies. agencies, and federally recognized California Indian tribes.

SEC. 3.

 Section 17201 of the Business and Professions Code is amended to read:

17201.
 As used in this chapter, the term person shall mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations and associations, other organizations of persons. persons, and federally recognized California Indian tribes.

SECTION 1.SEC. 4.

 Section 3493 of the Civil Code is amended to read:

3493.
 (a) A private person may maintain an action for a public nuisance only if the nuisance is specially injurious to them.
(b) For purposes of this section, “private person” includes a federally recognized California Indian tribe.