AB 853 — Retail grocery stores and retail drug stores: acquisition: notice to Attorney General.

Summary

Existing law, upon change in control of a grocery establishment, establishes a transitional period of employment for eligible grocery workers, as specified. This bill would prohibit a person from acquiring any voting securities or assets of a retail grocery firm or retail drug firm, as those terms are defined, unless both parties give, or in the case of a tender offer, the acquiring party gives, specified notice to the Attorney General no less than 180 days before the acquisition is made effective. The bill would require an acquiring party who is required to file notice pursuant to the federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 to submit the form and documentary material required to be submitted under that federal act, and would specify information to be included in the notice for a party who is not required to file notice pursuant to that federal act, including information required to assess the competitive effects of the proposed acquisition and to assess the economic and community impact of any planned divestiture or store closures. The bill would require the notice to be given under oath and affirmation. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would give the Attorney General 180 days to evaluate the transaction, and would require the Attorney General to charge the acquiring party a filing fee, as specified, incident to the cost for the Attorney General to receive, review, and analyze the notice. The bill would authorize the Attorney General to adopt regulations to effectuate the bill's provisions. The bill would deem as confidential any information submitted to the Attorney General under provisions of federal law rendering them confidential. The bill would make a violation of the bill's provisions subject to injunctive relief and other equitable remedies, and would entitle Attorney General to recover attorney's fees and costs and impose civil penalties of up to $20,000 for each day of noncompliance. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 07/13/23 - Amended Senate pdf July 13, 2023
• Amended 07/03/23 - Amended Senate pdf July 03, 2023
• Amended 03/29/23 - Amended Assembly pdf March 29, 2023
• Amended 03/15/23 - Amended Assembly pdf March 15, 2023
• Introduced 02/14/23 - Introduced pdf February 14, 2023
• AB853 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State - Chapter 457, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 14, 2023

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 07, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 14. Page 3073.).

5. September 07, 2023

   Assembly Rule 77 suspended. (Page 3011.)

6. September 06, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

7. September 06, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 7. Page 2423.).

8. September 06, 2023

   Reconsideration granted. (Ayes 40. Noes 0. Page 2415.)

9. September 06, 2023

   Read third time. Passed. (Ayes 32. Noes 8. Page 2424.)

10. September 05, 2023

    Read second time. Ordered to third reading.

11. September 01, 2023

    From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

12. August 14, 2023

    In committee: Referred to APPR suspense file.

13. July 13, 2023

    Read second time and amended. Re-referred to Com. on APPR.

14. July 12, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 11).

15. July 03, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

16. June 26, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

17. June 07, 2023

    Referred to Com. on JUD.

18. May 31, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 30, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 16. Page 1877.)

20. May 18, 2023

    Read second time. Ordered to third reading.

21. May 18, 2023

    From committee: Do pass. (Ayes 11. Noes 4.) (May 18).

22. May 03, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

23. April 26, 2023

    In committee: Hearing postponed by committee.

24. March 30, 2023

    Re-referred to Com. on APPR.

25. March 29, 2023

    Read second time and amended.

26. March 28, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (March 28).

27. March 20, 2023

    Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

28. March 16, 2023

    Re-referred to Com. on L. & E.

29. March 15, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

30. February 23, 2023

    Referred to Coms. on L. & E. and JUD.

31. February 15, 2023

    From printer. May be heard in committee March 17.

32. February 14, 2023

    Read first time. To print.

Sponsors

• Maienschein · Primary

Votes

Subjects