California 2009-2010 Regular Session Status: Passed Assembly

AB 413 — Unfair competition.

Last action — From Senate committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 defines unfair competition and makes unlawful specified business practices intended to injure competitors or destroy competition, and specifies criminal penalties and civil remedies for violations, including injunctive relief and damages. This bill would make it unlawful for any person to develop, produce, or manufacture any article or product, as defined, using stolen or misappropriated property, including, but not limited to, unlicensed computer software, when the article or product is in competition with an article or product that is lawfully developed, produced, and manufactured. The bill would make violations of its provisions subject to existing criminal penalties and civil remedies. By expanding the scope of an existing 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Senate committee without further action.

  2. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  3. Read second time. To third reading.

  4. Read second time and amended. Ordered returned to second reading.

  5. From inactive file.

  6. To inactive file on motion of Senator Romero.

  7. Read second time. To third reading.

  8. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  9. From committee: Do pass. (Ayes 12. Noes 0.) (August 27).

  10. In committee: Hearing postponed by committee.

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

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

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

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 0.) (July 7).

  15. In committee: Hearing postponed by committee.

  16. In committee: Hearing postponed by committee.

  17. Referred to Com. on E., U., & C.

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

  19. Read third time, passed, and to Senate. (Ayes 68. Noes 6. Page 1952.)

  20. Read second time. To third reading.

  21. (Corrected June 3.)

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

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

  25. Re-referred to Com. on APPR.

  26. Read second time and amended.

  27. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (April 27).

  28. Re-referred to Com. on U. & C.

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

  30. Re-referred to Com. on U. & C.

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

  32. Referred to Com. on U. & C.

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

  34. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Fuentes

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

Do pass.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Price — Yea
Wolk — Yea
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Corbett — Yea
Lowenthal — Yea
Simitian — Yea
Wright — Yea
Benoit — Yea
Kehoe — Yea
Wiggins — Yea
Cox — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 413 FUENTES Assembly Third Reading

Passed 79 Yea · 6 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 74507
Democratic 3000
Republican 2100
Total 79607
% of votes cast 86%7%0%8%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Cook — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Anderson — Yea
Beall — Yea
Blumenfield — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Conway — Nay
Eng — Yea
Bill — Not Voting
Evans — Yea
Fuentes — Yea
Fuller — Yea
Duvall — Yea
Galgiani — Yea
Garrick — Not Voting
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Not Voting
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Fuentes — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Davis — Yea
Duvall — Nay
Krekorian — Yea
Miller — Nay
Price — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Nay
Nielsen — Nay
Skinner — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 12 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11103
Democratic 1000
Total 12103
% of votes cast 75%6%0%19%
How each member voted (16)
Member Party Vote
Carter — Yea
Tom — Yea
Berryhill — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Krekorian — Yea
Duvall — Not Voting
Smyth — Not Voting
Swanson — Yea
Blakeslee — Nay
Buchanan — Not Voting
Huffman — Yea
Skinner — Yea
Torrico — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

labor technology
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Frequently asked questions

What does AB 413 do?
Existing law defines unfair competition and makes unlawful specified business practices intended to injure competitors or destroy competition, and specifies criminal penalties and civil remedies for violations, including injunctive relief and damages. This bill would make it unlawful for any person to develop, produce, or manufacture any article or product, as defined, using stolen or misappropriated property, including, but not limited to, unlicensed computer software, when the article or product is in competition with an article or product that is lawfully developed, produced, and manufactured. The bill would make violations of its provisions subject to existing criminal penalties and civil remedies. By expanding the scope of an existing 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 413?
AB 413 is sponsored by Fuentes.
What is the current status of AB 413?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 413?
Track AB 413 free on One Click Politics — get push/email alerts when it moves.

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