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CITY ATTORNEY'S OFFICE
STATE LEGISLATIVE PLAN
Legislative Session 2008
This Legislative Plan is intended to serve as a guide to the City's policy positions on legislative and budget issues that impact the legal work of the City Attorney's Office and the legal representation of the City andCounty of San Francisco.
Monitor, work against, and work to prevent legislation that is adverse to litigation filed by the City and County and litigation in defense of the City and County or will result in increased litigation costs for the City and County. Support legislation that would strengthen litigation filed by the City and County.
Liability. Oppose legislation that would increase the City's liability.
- Expert witness fees. Oppose legislation that would reverse a California Supreme Court decision that held that expert fees are not recoverable as part of an attorney's fee award under California Civil Procedure, Section 1021.5.
- Unfair Competition and Business Practice – SEC. 17200 of the Business and Professions Code. Protect San Francisco's statutory authority under Section 17200. Support bills that strengthen provisions of section 17200 and oppose bills that seek to weaken it.
- Attorney's Fees. Support legislation that allows public entities that prosecute unfair competition lawsuits to recover their costs of prosecution, including attorney's fees.
2. Code Enforcement.
Support legislation that enhances the litigation tools used in code enforcement and nuisance abatement cases. Oppose legislation that weakens the ability to enforce unsafe housing and nuisance abatement laws.
3. Gun Regulation
Support legislation that complements the City's litigation efforts to control gun violence, and oppose bills that would weaken gun violence prevention efforts.
- Technology in gun manufacturing that allows only the owner to user the firearm.
- Regulation of ammunition sales.
- Authority for local gun regulation.
- Electronic transmission of mandated records to the Department of Justice.
4. Land Use
Oppose amendments to CEQA that would establish time limits on the certification of an EIR and requires recertification of the environmental impact report before the public agency takes action on the project.
5. Public Contracts
Oppose amendments to the Public Contracts Code that would place the burden of proof on a public entity in cases related to the implied warranty established under Section 1104 or create strict liability for the public entity for any error or omission in the plans and specifications for a public work.
6. Conflict of Interest Code
Oppose amendments to the Conflict of Interest Code that would affect enforcement of Conflict of Interest laws.