California 2011-2012 Regular Session Status: Passed Assembly

AB 338 — Regulations: legislative validation: effective date.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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. That act requires the office to transmit a copy of a regulation to the Secretary of State for filing if the office approves the regulation or fails to act on it within 30 days. That act provides that a regulation or an order of repeal of a regulation becomes effective on the 30th day after it is filed with the Secretary of State, unless prescribed conditions occur. This bill would require the office to also submit to the Legislature for review a copy of each disapproved regulation where the basis for that disapproval was a determination that the agency exceeded its statutory authority in adopting the regulation. This bill would also require that a regulation become effective on the 60th day after it is filed with the Secretary of State, unless prescribed conditions occur.

Bill Text

Action History

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

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

  3. In committee: Set first hearing. Failed passage. Reconsideration granted.

  4. From committee: Do pass and re-refer to Com. on E.Q. (Ayes 7. Noes 4.) (June 28). Re-referred to Com. on E.Q.

  5. Referred to Coms. on G.O. and E.Q.

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

  7. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 21. Page 1863.)

  8. Reconsideration granted. (Page 1861.)

  9. Motion to reconsider made by Assembly Member Wagner.

  10. Read third time. Refused passage. (Ayes 39. Noes 27. Page 1751.).

  11. Read second time. Ordered to third reading.

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

  13. In committee: Set first hearing. Failed passage. Reconsideration granted.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (May 3). Re-referred to Com. on APPR.

  15. In committee: Hearing postponed by committee.

  16. Re-referred to Com. on B., P. & C.P.

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

  18. In committee: Hearing postponed by committee.

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

  20. Referred to Com. on B., P. & C.P.

  21. From printer. May be heard in committee March 13.

  22. Read first time. To print.

Sponsors

  • Wagner · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Wagner

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, but re-refer to the Committee on Environmental Quality.

Passed 7 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5401
Republican 1000
Democratic 1001
Total 7402
% of votes cast 54%31%0%15%
How each member voted (13)
Member Party Vote
Cannella — Yea
Yee — Nay
De León — Not Voting
Anderson — Yea
Wright — Yea
Hernandez — Nay
Wyland — Yea
Corbett — Nay
Evans — Nay
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 338 WAGNER Assembly Third Reading

Passed 41 Yea · 21 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 3821018
Republican 2000
Democratic 1000
Total 4121018
% of votes cast 51%26%0%23%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Feuer — Nay
Fuentes — Yea
Furutani — Nay
Galgiani — Yea
Conway — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Fletcher — Yea
Hagman — Yea
Cook — Yea
Fong — Nay
Halderman — Yea
Portantino — Nay
John A. Pérez — Nay
Mitchell — Nay
Harkey — Yea
Hayashi — Yea
Alejo — Nay
Ammiano — Nay
Block — Nay
Donnelly — Yea
Huber — Yea
Huffman — Nay
Knight — Yea
Logue — Yea
Miller — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Skinner — Nay
Smyth — Yea
Swanson — Nay
Torres — Nay
Wagner — Yea
Butler — Not Voting
Atkins — Nay
Eng — Not Voting
Bonilla — Not Voting
Campos — Not Voting
Hueso — Not Voting
Lara — Not Voting
Carter — Not Voting
Mendoza — Not Voting
Beall — Nay
Cedillo — Not Voting
Chesbro — Not Voting
Monning — Not Voting
Nestande — Not Voting
Achadjian — Yea
Blumenfield — Not Voting
Bradford — Nay
Brownley — Not Voting
Buchanan — Yea
Hill — Nay
Jeffries — Yea
Ma — Nay
Mansoor — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Not Voting
Davis — Not Voting
Dickinson — Nay
Yamada — Nay
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Nay
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 338 WAGNER Assembly Third Reading

Failed 39 Yea · 27 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 3627014
Republican 2000
Democratic 1000
Total 3927014
% of votes cast 49%34%0%18%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Halderman — Yea
Fuentes — Yea
Furutani — Nay
Butler — Nay
Garrick — Yea
Gatto — Yea
Allen — Yea
Fletcher — Yea
Conway — Yea
Harkey — Yea
Hayashi — Yea
Hill — Nay
Portantino — Nay
John A. Pérez — Nay
Mitchell — Nay
Huffman — Nay
Alejo — Nay
Ammiano — Nay
Block — Nay
Davis — Yea
Jeffries — Yea
Knight — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Torres — Nay
Valadao — Yea
Wieckowski — Yea
Bonilla — Nay
Yamada — Nay
Atkins — Nay
Fong — Not Voting
Campos — Nay
Gorell — Not Voting
Hall — Not Voting
Carter — Not Voting
Beall — Not Voting
Cedillo — Not Voting
Chesbro — Not Voting
Lara — Nay
Monning — Not Voting
Solorio — Nay
Williams — Not Voting
Achadjian — Yea
Blumenfield — Nay
Bradford — Nay
Brownley — Nay
Buchanan — Not Voting
Huber — Yea
Hueso — Not Voting
Logue — Yea
Ma — Nay
Mansoor — Yea
Mendoza — Nay
Perea — Yea
Skinner — Nay
Swanson — Nay
Wagner — Yea
Cook — Yea
Eng — Not Voting
Feuer — Nay
Dickinson — Not Voting
Donnelly — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Nay
Roger Hernández — Nay
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 8008
Democratic 1000
Total 9008
% of votes cast 53%0%0%47%
How each member voted (17)
Member Party Vote
Gatto — Yea
Harkey — Yea
Hill — Yea
Nielsen — Yea
Norby — Yea
Campos — Not Voting
Hall — Not Voting
Mitchell — Not Voting
Lara — Not Voting
Donnelly — Yea
Wagner — Yea
Blumenfield — Not Voting
Bradford — Not Voting
Solorio — Not Voting
Davis — Not Voting
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass.

Failed 7 Yea · 2 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 6208
Democratic 1000
Total 7208
% of votes cast 41%12%0%47%
How each member voted (17)
Member Party Vote
Campos — Not Voting
Gatto — Yea
Harkey — Yea
Hill — Nay
Mitchell — Not Voting
Davis — Not Voting
Donnelly — Not Voting
Lara — Not Voting
Smyth — Yea
Wagner — Yea
Hall — Not Voting
Blumenfield — Not Voting
Bradford — Not Voting
Nielsen — Yea
Solorio — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Set first hearing. Failed passage. Reconsideration granted.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 16000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Mitchell — Yea
Hall — Yea
Harkey — Yea
Campos — Yea
Nielsen — Yea
Donnelly — Yea
Smyth — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Solorio — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety elections
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Frequently asked questions

What does AB 338 do?
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. That act requires the office to transmit a copy of a regulation to the Secretary of State for filing if the office approves the regulation or fails to act on it within 30 days. That act provides that a regulation or an order of repeal of a regulation becomes effective on the 30th day after it is filed with the Secretary of State, unless prescribed conditions occur. This bill would require the office to also submit to the Legislature for review a copy of each disapproved regulation where the basis for that disapproval was a determination that the agency exceeded its statutory authority in adopting the regulation. This bill would also require that a regulation become effective on the 60th day after it is filed with the Secretary of State, unless prescribed conditions occur.
Who sponsors AB 338?
AB 338 is sponsored by Wagner.
What is the current status of AB 338?
This bill died with 2011-2012 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 338?
Track AB 338 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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