California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

AB 2706 — Civil rights: homeless persons.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 sets forth various personal rights and provides that all persons within California have the right to be free from violence, or intimidation by the threat of violence, because of, among other characteristics, their race, color, religion, ancestry, national origin, political affiliation, or sex. Existing law further permits an individual whose exercise or enjoyment of specified personal rights has been interfered with to bring a civil action for damages, including actual damages, exemplary damages, attorney's fees, injunctive relief, and other appropriate relief. Existing law requires the Department of Fair Employment and Housing to receive, investigate, and conciliate complaints that an individual's personal rights have been violated. This bill would specify that homeless persons, as defined, are entitled to the rights set forth under existing law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. The bill would also provide that these provisions shall not be construed to enlarge or diminish an existing duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence. This bill would incorporate additional changes to Section 51.7 of the Civil Code, proposed by AB 1680, contingent upon the prior enactment of that bill.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 2:30 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 51. Noes 26. Page 6595.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6562.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 13. Page 4783.)

  7. Read second time. To third reading.

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

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 7. Noes 3.) (August 2).

  11. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

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

  13. From committee: Amend, and do pass as amended. (Ayes 3. Noes 2.) (June 15).

  14. Referred to Com. on JUD.

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

  16. Read third time, passed, and to Senate. (Ayes 48. Noes 24. Page 5030.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 10. Noes 5.) (April 28).

  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 7. Noes 2.) (April 13).

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

  23. Referred to Coms. on JUD. and APPR.

  24. Read first time.

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

  26. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (1)

  • Hall

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 2706 LOWENTHAL Concurrence in Senate Amendments

Passed 60 Yea · 29 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 562701
Democratic 3000
Republican 1200
Total 602901
% of votes cast 67%32%0%1%
How each member voted (90)
Member Party Vote
Hagman — Nay
Evans — Yea
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Galgiani — Yea
Gatto — Yea
Hall — Yea
Hayashi — Yea
Charles — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Beall — Yea
Davis — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
Yamada — Yea
Audra — Nay
Garrick — Nay
Cook — Not Voting
Gilmore — Nay
Harkey — Nay
DeVore — Nay
Jeffries — Nay
Logue — Nay
Anderson — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torlakson — Yea
Villines — Nay
Eng — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
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 Nay

Official roll call →

Assembly 3rd Reading AB2706 Bonnie Lowenthal By Yee

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Republican 0100
Democratic 0002
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Florez — Yea
Harman — Not Voting
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Dutton — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Nay
Walters — Nay
Cogdill — Nay
Corbett — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Kehoe — Yea
Alquist — Yea
Ashburn — Nay
Walters — Not Voting
Wolk — Yea
Leno — Yea
Price — Yea
Emmerson — Nay

Official roll call →

Do pass as amended.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Corbett — Yea
Hancock — Yea
Harman — Nay
Leno — Yea
Walters — Nay

Official roll call →

AB 2706 LOWENTHAL Assembly Third Reading

Passed 57 Yea · 27 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 532507
Democratic 3000
Republican 1200
Total 572707
% of votes cast 63%30%0%8%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Blumenfield — Yea
Davis — 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 — Not Voting
Bill — Nay
Tom — Nay
Audra — Nay
Fuller — Nay
Gilmore — Not Voting
Hagman — Nay
Hayashi — Yea
Hernandez — Yea
Anderson — Nay
Blakeslee — Nay
Huber — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Not Voting
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Adams — Nay
Ammiano — Yea
Bass — Not Voting
Beall — Yea
Block — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Jeffries — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Not Voting
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
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 Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11502
Democratic 0001
Total 11503
% of votes cast 58%26%0%16%
How each member voted (19)
Member Party Vote
Conway — Nay
Bonnie — Yea
Lowenthal — Yea
Charles — Not Voting
Fuentes — Yea
Hall — Yea
Harkey — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Not Voting
Hill — Yea
Miller — Nay
Norby — Nay
Solorio — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 2706 do?
Existing law sets forth various personal rights and provides that all persons within California have the right to be free from violence, or intimidation by the threat of violence, because of, among other characteristics, their race, color, religion, ancestry, national origin, political affiliation, or sex. Existing law further permits an individual whose exercise or enjoyment of specified personal rights has been interfered with to bring a civil action for damages, including actual damages, exemplary damages, attorney's fees, injunctive relief, and other appropriate relief. Existing law requires the Department of Fair Employment and Housing to receive, investigate, and conciliate complaints that an individual's personal rights have been violated. This bill would specify that homeless persons, as defined, are entitled to the rights set forth under existing law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. The bill would also provide that these provisions shall not be construed to enlarge or diminish an existing duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence. This bill would incorporate additional changes to Section 51.7 of the Civil Code, proposed by AB 1680, contingent upon the prior enactment of that bill.
Who sponsors AB 2706?
AB 2706 is sponsored by Hall and Lowenthal, Josh (Democratic).
What is the current status of AB 2706?
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 2706?
Track AB 2706 free on One Click Politics — get push/email alerts when it moves.

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