California 2011-2012 Regular Session Status: To Executive

AB 129 — Local government: fines and penalties: assessments.

Last action — Vetoed by Governor.

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

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, until January 1, 2020, 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 threat to public health and safety. This bill would require a city, county, or city and county to comply with certain notice requirements. 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. This bill would, until January 1, 2020, provide that the powers given to the legislative body of a city, county, or city and county under these provisions are in addition to any other powers of a city, county, or city and county under its charter or any other legal authority.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 11 a.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 27. Page 2871.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 15. Page 2134.).

  6. Read second time. Ordered to third reading.

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

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 6. Noes 3.) (June 22).

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

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

  12. Referred to Com. on GOV. & F.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 17. Page 978.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 6. Noes 3.) (April 6).

  17. Referred to Com. on L. GOV.

  18. From printer. May be heard in committee February 12.

  19. Read first time. To print.

Sponsors

  • Beall · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 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 129 BEALL Concurrence in Senate Amendments

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 492503
Democratic 1000
Republican 0200
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Hagman — Nay
Butler — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Gatto — Yea
Hall — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Dickinson — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Atkins — Yea
Garrick — Nay
Fletcher — Nay
Bonilla — Not Voting
Halderman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Huber — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Skinner — Yea
Wieckowski — Yea
Campos — Yea
Eng — Yea
Davis — Not Voting
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB129 Beall By Alquist

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2000
Republican 0100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Hancock — Yea
Wyland — Nay
Cannella — Nay
Lowenthal — Yea
De León — Yea
Rubio — Yea
Evans — Yea
Corbett — Yea
Negrete McLeod — Nay
Correa — Nay
Runner — Not Voting
Hernandez — Yea
Huff — Nay
Dutton — Nay
Alquist — Yea
Blakeslee — Nay
Leno — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Anderson — Nay
Harman — Not Voting
Kehoe — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Wolk — Yea
Emmerson — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Wolk — Yea
Huff — Nay
Liu — Yea
DeSaulnier — Yea
Fuller — Nay
La Malfa — Nay

Official roll call →

AB 129 BEALL Assembly Third Reading

Passed 46 Yea · 17 Nay · 16 Other
Party YeaNayPresentNot Voting
Republican 0002
Unaffiliated 4317014
Democratic 3000
Total 4617016
% of votes cast 58%22%0%20%
How each member voted (79)
Member Party Vote
Hall — Yea
Campos — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Gatto — Yea
Gordon — Yea
Hayashi — Yea
Hueso — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Lara — Yea
Ma — Yea
Cedillo — Yea
Bonilla — Yea
Atkins — Yea
Monning — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Fletcher — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Alejo — Not Voting
Butler — Not Voting
Conway — Not Voting
Donnelly — Nay
Garrick — Not Voting
Gorell — Not Voting
Hagman — Nay
Halderman — Nay
Harkey — Not Voting
Huber — Nay
Knight — Not Voting
Mendoza — Not Voting
Morrell — Not Voting
Nielsen — Nay
Valadao — Nay
Williams — Not Voting
Achadjian — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Logue — Not Voting
Mansoor — Nay
Norby — Nay
Olsen — Not Voting
Perea — Yea
Smyth — Nay
Swanson — Yea
Wagner — Not Voting
Cook — Nay
Davis — Yea
Dickinson — Yea
Furutani — Yea
Galgiani — Not Voting
Yamada — Yea
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Campos — Yea
Gordon — Yea
Hueso — Yea
Knight — Nay
Norby — Nay
Smyth — Nay
Alejo — Yea
Bradford — Yea
Davis — Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 129 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, until January 1, 2020, 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 threat to public health and safety. This bill would require a city, county, or city and county to comply with certain notice requirements. 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. This bill would, until January 1, 2020, provide that the powers given to the legislative body of a city, county, or city and county under these provisions are in addition to any other powers of a city, county, or city and county under its charter or any other legal authority.
Who sponsors AB 129?
AB 129 is sponsored by Beall.
What is the current status of AB 129?
This bill died with 2011-2012 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 129?
Track AB 129 free on One Click Politics — get push/email alerts when it moves.

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