California 2009-2010 Regular Session Status: To Executive

AB 2613 — Local government: fines and penalties: assessments.

Last action — Vetoed by Governor.

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  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes the legislative body of a local agency to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty, as specified. This bill would authorize a city, county, or city and county to, after notice and public hearing, specially assess any fines or penalties not paid after demand by the city, county, or city and county against real property owned by the person owing those fines or penalties where the fines or penalties are related to ordinance violations on the real property upon which the fines or penalties would be specially assessed, and the ordinance violations constitute a public nuisance or threat to public health and safety. The bill would provide that the assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes, and would authorize the city, county, or city and county to record a lien against the property. This bill would authorize a local agency to appoint a hearing officer to hear and decide issues regarding ordinance violations and the imposition of administrative fines and penalties.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 11:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 6532.)

  4. Assembly Rule 77 suspended. (Page 6463.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 11. Page 4714.)

  7. (Ayes 33. Noes 0. Page 4467.)

  8. Motion to reconsider made by Senator Kehoe.

  9. Read third time, passage refused. (Ayes 20. Noes 13. Page 4467.)

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

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

  13. From committee: Amend, and do pass as amended. (Ayes 3. Noes 1.) (June 16).

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

  15. Referred to Com. on L. GOV.

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

  17. Read third time, passed, and to Senate. (Ayes 44. Noes 30. Page 5164.)

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 6. Noes 3.) (May 5).

  20. Re-referred to Com. on L. GOV.

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

  22. Re-referred to Com. on L. GOV.

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

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

  25. Re-referred to Com. on L. GOV.

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

  27. Referred to Com. on L. GOV.

  28. Read first time.

  29. From printer. May be heard in committee March 23.

  30. Introduced. To print.

Sponsors

  • Beall · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Beall

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 2613 BEALL Concurrence in Senate Amendments

Passed 56 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 532902
Democratic 2001
Republican 1200
Total 563103
% of votes cast 62%34%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Coto — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Fuentes — Yea
Fuller — Nay
Galgiani — Not Voting
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Hall — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Norby — Nay
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Ruskin — Yea
Solorio — Yea
Torlakson — Yea
Villines — Nay
Leon — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Furutani — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2613 Beall By Kehoe

Passed 21 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 191106
Democratic 2000
Republican 0100
Total 211206
% of votes cast 54%31%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Nay
Lowenthal — Yea
Cogdill — Not Voting
Corbett — Yea
Huff — Nay
Negrete — Nay
Runner — Nay
Leno — Yea
Ducheny — Yea
Ashburn — Nay
Dutton — Nay
McLeod — Nay
Pavley — Yea
Romero — Yea
Walters — Not Voting
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Kehoe — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Nay
Cedillo — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2613 Beall By Kehoe

Failed 20 Yea · 13 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 191205
Republican 0100
Democratic 1001
Total 201306
% of votes cast 51%33%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Lowenthal — Yea
Cedillo — Yea
Florez — Yea
Runner — Nay
Negrete — Not Voting
Cogdill — Nay
Harman — Nay
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Alquist — Yea
Ducheny — Yea
Dutton — Nay
Walters — Not Voting
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Ashburn — Nay
Huff — Nay
Liu — Yea
Wright — Yea
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2613 Beall Reconsider

Passed 33 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Republican 1000
Democratic 1001
Total 33006
% of votes cast 85%0%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Yea
Ashburn — Yea
Harman — Yea
Huff — Yea
Wyland — Yea
Lowenthal — Yea
Runner — Yea
Negrete — Not Voting
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Walters — Not Voting
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 3 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Total 3101
% of votes cast 60%20%0%20%
How each member voted (5)
Member Party Vote
Kehoe — Yea
Aanestad — Nay
Price — Yea
Cox — Not Voting
DeSaulnier — Yea

Official roll call →

AB 2613 BEALL Assembly Third Reading

Passed 53 Yea · 33 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 503104
Democratic 2001
Republican 1200
Total 533305
% of votes cast 58%36%0%5%
How each member voted (91)
Member Party Vote
Hagman — Not Voting
Hall — Yea
Bass — Yea
Charles — Yea
Eng — Yea
Evans — Yea
Fuentes — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Galgiani — Not Voting
Villines — Nay
Chesbro — Yea
Bill — Nay
Tom — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Fletcher — Nay
Audra — Nay
Blakeslee — Nay
Conway — Nay
Cook — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Skinner — Not Voting
Solorio — Yea
Torres — Yea
Tran — Nay
Emmerson — Nay
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Fong — Yea
Knight — Nay
Logue — Nay
Smyth — Nay
Bradford — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 2613 do?
Existing law authorizes the legislative body of a local agency to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty, as specified. This bill would authorize a city, county, or city and county to, after notice and public hearing, specially assess any fines or penalties not paid after demand by the city, county, or city and county against real property owned by the person owing those fines or penalties where the fines or penalties are related to ordinance violations on the real property upon which the fines or penalties would be specially assessed, and the ordinance violations constitute a public nuisance or threat to public health and safety. The bill would provide that the assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes, and would authorize the city, county, or city and county to record a lien against the property. This bill would authorize a local agency to appoint a hearing officer to hear and decide issues regarding ordinance violations and the imposition of administrative fines and penalties.
Who sponsors AB 2613?
AB 2613 is sponsored by Beall.
What is the current status of AB 2613?
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 2613?
Track AB 2613 free on One Click Politics — get push/email alerts when it moves.

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