California 2009-2010 Regular Session Status: Enacted

AB 1502 — Nuisance abatement: civil action.

Last action — Chaptered by Secretary of State - Chapter 570, Statutes of 2010.

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  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 27, 2009. 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 authorizes the district attorney or city attorney to bring a civil action to abate a public nuisance, as defined. Existing law provides that every building or place used for the purpose of specified unlawful transactions involving controlled substances is a nuisance, which may be abated in a civil action brought by the district attorney or city attorney. Existing law provides that every building or place used for the purpose of illegal gambling, lewdness, assignation, prostitution, or counterfeiting is a nuisance, which may be abated in a civil action brought by the district attorney or city attorney. This bill would authorize the county counsel to bring a civil action to abate a public nuisance, a controlled substances nuisance, or a gambling or prostitution nuisance, pursuant to each of the above provisions. Existing law requires a district attorney, city attorney, or city prosecutor that brings an action to abate a nuisance for the use of a nonresidential building or place for the purpose of manufacturing, selling, or possessing for sale counterfeit goods to report to the Senate and Assembly Committees on Judiciary on the use and effectiveness of that abatement provision. This bill would additionally require a county counsel that brings an action to abate a nuisance for the use of a nonresidential building or place for the purpose of manufacturing, selling, or possessing for sale counterfeit goods to report to the Senate and Assembly Committees on Judiciary on the use and effectiveness of that abatement provision. By requiring a county counsel to file this report, this bill would constitute 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 570, Statutes of 2010.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6215.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 10).

  6. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  7. Re-referred to Coms. on JUD. and APPR. pursuant to Asssembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77.

  9. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4201.)

  10. Ordered to Special Consent Calendar.

  11. Read second time. To third reading.

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

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

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

  15. From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 10).

  16. Re-referred to Com. on JUD.

  17. Withdrawn from committee. Re-referred to Com. on RLS.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  19. Referred to Com. on T. & H.

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

  21. Read third time, passed, and to Senate. (Ayes 68. Noes 0. Page 3913.)

  22. Read second time. To Consent Calendar.

  23. From committee: Do pass. To Consent Calendar. (January 21).

  24. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 14. Noes 0.) (January 11).

  25. Re-referred to Com. on TRANS.

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

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

  28. Referred to Com. on TRANS.

  29. Read first time.

  30. From printer. May be heard in committee March 30.

  31. Introduced. To print.

Sponsors

  • Eng · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Eng

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 1502 ENG Concurrence in Senate Amendments

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 2001
Republican 3000
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Leon — Yea
De — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Coto — 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
Charles — Not Voting
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Blakeslee — Not Voting
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nielsen — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nestande — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Yea
Davis — Not Voting
DeVore — 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 Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate amendments be concurred in.

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Evans — Yea
Feuer — Yea
Hagman — Yea
Saldana — Yea
Knight — Yea
Brownley — Not Voting
Huffman — Yea
Monning — Yea
Skinner — Yea
Tran — Not Voting

Official roll call →

Special Consent #29 AB1502 Eng

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Corbett — Yea
Hollingsworth — Yea
Ducheny — Yea
Ashburn — Yea
Dutton — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Wolk — Yea
Wyland — Not Voting
Emmerson — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Corbett — Yea
Hancock — Yea
Harman — Yea
Walters — Yea
Leno — Yea

Official roll call →

AB 1502 ENG Consent Calendar Second Day Regular Session

Passed 77 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 710013
Republican 3000
Democratic 3000
Total 770013
% of votes cast 86%0%0%14%
How each member voted (90)
Member Party Vote
Hagman — Yea
Bass — Not Voting
Carter — Not Voting
Davis — Not Voting
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Not Voting
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Not Voting
Torrico — Yea
Tran — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
Leon — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Salas — Not Voting
Chesbro — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
Ammiano — Yea
Blakeslee — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Conway — Not Voting
Emmerson — Yea
Eng — Yea
Evans — Yea
DeVore — Not Voting
Yamada — Yea
Fuentes — Yea
Galgiani — 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 →

Do pass, to Consent Calendar.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Hall — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Galgiani — Yea
Garrick — Yea
Bill — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Solorio — Yea
Blumenfield — Yea
Buchanan — Yea
Jeffries — Yea
Miller — Yea
Torlakson — Yea
Eng — Yea
Furutani — Yea
Bill Berryhill — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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 1502 do?
Existing law authorizes the district attorney or city attorney to bring a civil action to abate a public nuisance, as defined. Existing law provides that every building or place used for the purpose of specified unlawful transactions involving controlled substances is a nuisance, which may be abated in a civil action brought by the district attorney or city attorney. Existing law provides that every building or place used for the purpose of illegal gambling, lewdness, assignation, prostitution, or counterfeiting is a nuisance, which may be abated in a civil action brought by the district attorney or city attorney. This bill would authorize the county counsel to bring a civil action to abate a public nuisance, a controlled substances nuisance, or a gambling or prostitution nuisance, pursuant to each of the above provisions. Existing law requires a district attorney, city attorney, or city prosecutor that brings an action to abate a nuisance for the use of a nonresidential building or place for the purpose of manufacturing, selling, or possessing for sale counterfeit goods to report to the Senate and Assembly Committees on Judiciary on the use and effectiveness of that abatement provision. This bill would additionally require a county counsel that brings an action to abate a nuisance for the use of a nonresidential building or place for the purpose of manufacturing, selling, or possessing for sale counterfeit goods to report to the Senate and Assembly Committees on Judiciary on the use and effectiveness of that abatement provision. By requiring a county counsel to file this report, this bill would constitute 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1502?
AB 1502 is sponsored by Eng.
What is the current status of AB 1502?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1502?
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