California 2009-2010 Regular Session Status: Enacted

AB 2738 — Regulations: agency statement of reasons.

Last action — Chaptered by Secretary of State - Chapter 398, Statutes of 2010.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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 19, 2010. 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 7 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

Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires an agency to submit to the office, among other things, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation that includes, among other things, a description of reasonable alternatives to the regulation. Existing law requires, for a regulation that would mandate the use of specific technologies or equipment or prescribe specific actions or procedures, that the imposition of performance standards be considered as an alternative and that the initial statement of reasons include a statement of reasons why the agency believes that mandates or prescriptive standards are required. This bill would, from January 1, 2012, until January 1, 2014, recast these provisions and require that the initial statement of reasons also include a description of any performance standard that was considered as an alternative to the proposed adoption, amendment, or repeal of the regulation. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 398, Statutes of 2010.

  2. Approved by the Governor.

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

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 1. Page 6784.)

  5. Assembly Rule 77 suspended. (Page 6707.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  7. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 34. Noes 0. Page 4872.)

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

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

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (August 9).

  12. Re-referred to Com. on EQ.

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

  14. Read second time and amended. Re-referred to Com. on RLS.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on RLS. (Ayes 9. Noes 0.) (June 22).

  16. Referred to Coms. on G.O. and RLS.

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

  18. Read third time, passed, and to Senate. (Ayes 72. Noes 0. Page 5158.)

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 17. Noes 0.) (May 5).

  21. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 1.) (April 20).

  22. Referred to Com. on B. & P.

  23. Read first time.

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

  25. Introduced. To print.

Sponsors

  • Niello · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Niello

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 2738 NIELLO Concurrence- Urgency Added

Passed 86 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 80103
Republican 3000
Total 86103
% of votes cast 96%1%0%3%
How each member voted (90)
Member Party Vote
Bill — Yea
Tom — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Charles — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Gilmore — Not Voting
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Nay
Torlakson — Not Voting
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Not Voting
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Chesbro — Yea
Coto — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2738 Niello Urgency Clause

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cogdill — Yea
Florez — Yea
Ducheny — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Blakeslee — Yea
Runner — Yea
Wyland — Yea
Hollingsworth — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Not Voting
Huff — Yea
Kehoe — Yea
Oropeza — Not Voting
Steinberg — Yea
Wiggins — Not Voting
Cedillo — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended, and re-refer to the Committee on Rules.

Passed 10 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democratic 2000
Total 10002
% of votes cast 83%0%0%17%
How each member voted (12)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Negrete — Yea
Harman — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Wright — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2738 NIELLO Assembly Third Reading

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 79006
Democratic 2001
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hagman — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Davis — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Not Voting
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Not Voting
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Monning — Not Voting
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
Coto — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Conway — Yea
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
Hall — Yea
Harkey — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Torrico — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety technology
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 2738 do?
Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires an agency to submit to the office, among other things, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation that includes, among other things, a description of reasonable alternatives to the regulation. Existing law requires, for a regulation that would mandate the use of specific technologies or equipment or prescribe specific actions or procedures, that the imposition of performance standards be considered as an alternative and that the initial statement of reasons include a statement of reasons why the agency believes that mandates or prescriptive standards are required. This bill would, from January 1, 2012, until January 1, 2014, recast these provisions and require that the initial statement of reasons also include a description of any performance standard that was considered as an alternative to the proposed adoption, amendment, or repeal of the regulation. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 2738?
AB 2738 is sponsored by Niello.
What is the current status of AB 2738?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2738?
Track AB 2738 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2738

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2738

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →