California 2009-2010 Regular Session Status: To Executive

AB 362 — Political signs: theft and damage.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally establishes various offenses constituting theft. This bill would make it a crime, except as specified, for a person to take, possess, damage, reuse, or move any political sign or signs without authorization from the owner of the sign or signs and with the intent to prevent, substantially alter, or substantially obscure the communication of the sign. The bill would make a violation of this provision punishable as an infraction or a misdemeanor, as specified, and would make a 2nd or subsequent violation a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $2,000, or both. By creating a new crime, the bill would impose a state-mandated local program. 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

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 11:30 a.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 63. Noes 7. Page 3093.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 2106.)

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 23).

  13. In committee: Hearing postponed by committee.

  14. Referred to Com. on PUB. S.

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

  16. Read third time, passed, and to Senate. (Ayes 55. Noes 7. Page 1621.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 13. Noes 1.) (May 13).

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 21).

  22. Re-referred to Com. on PUB. S.

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

  24. Re-referred to Com. on PUB. S.

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

  26. Referred to Com. on PUB. S.

  27. From printer. May be heard in committee March 26.

  28. Read first time. To print.

Sponsors

  • Garrick · Cosponsor
  • Ma · Cosponsor
  • Miller · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No

Sponsors (1)

  • Miller

Co-sponsors (2)

  • Garrick
  • Ma

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 362 MILLER Concurrence in Senate Amendments

Passed 70 Yea · 9 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 668011
Democratic 2001
Republican 2100
Total 709012
% of votes cast 77%10%0%13%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Adams — Yea
Beall — Yea
Cook — Yea
Yamada — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Duvall — Not Voting
Bonnie — Nay
Lowenthal — Nay
Audra — Nay
Charles — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Ammiano — Nay
Bass — Yea
Jeffries — Yea
Knight — Not Voting
Lieu — Yea
Logue — Yea
Mendoza — Nay
Miller — Yea
Nava — Nay
Nestande — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Not Voting
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Nay
Brownley — Not Voting
Buchanan — Not Voting
Hernandez — Not Voting
Huffman — Nay
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB362 Miller By Cedillo

Passed 35 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32006
Democratic 2000
Republican 1000
Total 35006
% of votes cast 85%0%0%15%
How each member voted (41)
Member Party Vote
Yee — Not Voting
Cedillo — Yea
Cogdill — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Corbett — Yea
McLeod — Yea
Ducheny — Not Voting
Ashburn — Yea
Benoit — Not Voting
Dutton — Yea
Pavley — Yea
Price — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Liu — Yea
Maldonado — Yea
Oropeza — Not Voting
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 362 MILLER Assembly Third Reading

Passed 65 Yea · 9 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 617016
Democratic 2201
Republican 2001
Total 659018
% of votes cast 71%10%0%20%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Yamada — Yea
Fletcher — Yea
Gaines — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Not Voting
DeVore — Yea
Evans — Yea
Charles — Nay
Bonnie — Nay
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Portantino — Not Voting
Salas — Not Voting
Saldana — Not Voting
Bass — Yea
Duvall — Yea
Gilmore — Yea
Hall — Yea
Harkey — Not Voting
Hernandez — Not Voting
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Logue — Yea
Mendoza — Nay
Monning — Not Voting
Nava — Not Voting
Price — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Nay
Solorio — Yea
Torlakson — Yea
Torres — Not Voting
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Nay
Anderson — Yea
Blakeslee — Not Voting
Block — Not Voting
Blumenfield — Nay
Brownley — Nay
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Miller — Yea
Nestande — Not Voting
Nielsen — Yea
Smyth — Yea
Swanson — Not Voting
Tran — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Nay
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Nay
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 14104
Democratic 1000
Republican 1000
Total 16104
% of votes cast 76%5%0%19%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
Harkey — Yea
De — Yea
Leon — Yea
Audra — Yea
John — Not Voting
A. — Not Voting
Perez — Not Voting
Krekorian — Yea
Duvall — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Ammiano — Not Voting
Miller — Yea
Skinner — Nay
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 362 do?
Existing law generally establishes various offenses constituting theft. This bill would make it a crime, except as specified, for a person to take, possess, damage, reuse, or move any political sign or signs without authorization from the owner of the sign or signs and with the intent to prevent, substantially alter, or substantially obscure the communication of the sign. The bill would make a violation of this provision punishable as an infraction or a misdemeanor, as specified, and would make a 2nd or subsequent violation a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $2,000, or both. By creating a new crime, the bill would impose a state-mandated local program. 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.
Who sponsors AB 362?
AB 362 is sponsored by Garrick, Ma, and Miller.
What is the current status of AB 362?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 362?
Track AB 362 free on One Click Politics — get push/email alerts when it moves.

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