California 2021-2022 Regular Session Status: Enacted

AB 2766 — Unfair Competition Law: enforcement powers: investigatory subpoena.

Last action — Chaptered by Secretary of State - Chapter 698, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2022. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under this law, actions for relief are required to be prosecuted exclusively by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, a city attorney of a city having a population in excess of 750,000 or by a county counsel of any county within which a city has a population in excess of 750,000, or a city attorney in a city and county, or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California, as specified, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law authorizes a district attorney, upon reasonable belief that there has been a violation of the UCL or various other laws related to unfair business practices, to exercise all of the powers granted to the Attorney General as a head of a department to investigate the potential violation, including the authority to issue subpoenas. This bill would grant the investigatory power granted to the Attorney General as a head of a department to the city attorney of any city having a population in excess of 750,000, to the county counsel of any county within which a city has a population in excess of 750,000, or to a city attorney of a city and county, when the city attorney or county counsel reasonably believes that there may have been a violation of the UCL. The bill would require the recipient of a subpoena issued pursuant to those investigatory powers granted to a city attorney or to a county counsel who objects to the request, to serve their objection and to meet and confer with the issuer of the subpoena to attempt to address their objection. The bill would authorize the recipient of the subpoena to petition the superior court for an order quashing or modifying the subpoena, if, after meeting and conferring, the issuer and recipient cannot reach agreement.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 698, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 15.).

  5. Assembly Rule 77(a) suspended.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 5047.).

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (June 14).

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 19. Page 4816.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 8. Noes 1.) (April 19).

  15. Referred to Com. on JUD.

  16. From printer. May be heard in committee March 21.

  17. Introduced. To print.

Sponsors

  • Maienschein · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

  • Maienschein

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2766 Maienschein Concurrence in Senate Amendments

Passed 57 Yea · 15 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 30101
Unaffiliated 27705
Republican 0702
Total 571508
% of votes cast 71%19%0%10%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Nay
Waldron — Nay
Kiley — Nay
Mathis — Nay
Salas — Nay
Gray — Not Voting
Voepel — Not Voting
Cunningham — Not Voting
Cooper — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB2766 Maienschein By Hertzberg

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17501
Republican 0400
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Leyva — Yea
Pan — Yea
Atkins — Yea
Dodd — Yea
Gonzalez — Yea
Rubio — Yea
Skinner — Yea
Portantino — Yea
Newman — Yea
Bradford — Yea
Glazer — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Roth — Yea
Wieckowski — Yea
Hueso — Yea
Wilk — Nay
Melendez — Nay
Borgeas — Nay
Nielsen — Nay
Bates — Nay
Kamlager — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3100
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Hertzberg — Yea
Gonzalez — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 2766 Maienschein Assembly Third Reading

Passed 47 Yea · 19 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 22206
Unaffiliated 25905
Republican 0801
Total 4719012
% of votes cast 60%24%0%15%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Cooper — Not Voting
Daly — Not Voting
O'Donnell — Not Voting
Maienschein — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Cunningham — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Salas — Nay
Kiley — Nay
Waldron — Nay
Smith — Nay
Gray — Not Voting
Rodriguez — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Not Voting
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2766 do?
The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under this law, actions for relief are required to be prosecuted exclusively by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, a city attorney of a city having a population in excess of 750,000 or by a county counsel of any county within which a city has a population in excess of 750,000, or a city attorney in a city and county, or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California, as specified, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law authorizes a district attorney, upon reasonable belief that there has been a violation of the UCL or various other laws related to unfair business practices, to exercise all of the powers granted to the Attorney General as a head of a department to investigate the potential violation, including the authority to issue subpoenas. This bill would grant the investigatory power granted to the Attorney General as a head of a department to the city attorney of any city having a population in excess of 750,000, to the county counsel of any county within which a city has a population in excess of 750,000, or to a city attorney of a city and county, when the city attorney or county counsel reasonably believes that there may have been a violation of the UCL. The bill would require the recipient of a subpoena issued pursuant to those investigatory powers granted to a city attorney or to a county counsel who objects to the request, to serve their objection and to meet and confer with the issuer of the subpoena to attempt to address their objection. The bill would authorize the recipient of the subpoena to petition the superior court for an order quashing or modifying the subpoena, if, after meeting and conferring, the issuer and recipient cannot reach agreement.
Who sponsors AB 2766?
AB 2766 is sponsored by Maienschein.
What is the current status of AB 2766?
This bill has been enacted into law. Introduced February 18, 2022. Enacted.
Where can I track AB 2766?
Track AB 2766 free on One Click Politics — get push/email alerts when it moves.

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