California 2015-2016 Regular Session Status: Enacted Bipartisan · 4 D · 1 R cosponsors

AB 2249 — State parks.

Last action — Chaptered by Secretary of State - Chapter 413, Statutes of 2016.

  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 18, 2016. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 26 sponsors

    1 primary, 25 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 10 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 establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist and generally requires that a concession contract within state parks for a period of more than 2 years be awarded to the best responsible bidder. This bill would enact the California Heritage Protection Act, which would make various changes to the process for negotiating or renegotiating state parks concession contracts. The bill would modify the definition of a best responsible bidder to include that the bidder, among other things, will operate the concession in a manner that protects the state's trademark and service mark interest in the names associated with a state park venue and its historical, cultural, and recreational resources. This bill would prohibit a concession contract from providing a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and would prohibit a concession contract from serving as the basis for any legal claim that the contracting party has that interest. The bill would declare that these provisions do not constitute a change in, but are declaratory of, existing law. The bill would prohibit a bidder who makes that legal claim or assertion, and a bidder who a court has determined has made that legal claim or assertion with respect to a state or federal park venue without reasonable cause and in bad faith, from being awarded a concession contract within state parks. The bill would require the department to adopt regulations to provide a bidder who is denied a contract award based on these reasons with written notice and an opportunity to rebut the basis of the contract denial at a formal hearing. The bill would render a provision of a concession contract that, on and after January 1, 2017, provides a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, void and unenforceable. This bill would require a concession contract to contain provisions requiring the concessionaire to forfeit the right to bid on future state park concession contracts if the concessionaire makes the above-described legal claim or assertion and requiring a concessionaire to be responsible for the state's attorney fees, costs, and expenses if the concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation of the trademark or service mark application. This bill would incorporate additional changes to Section 5080.18 of the Public Resources Code proposed by SB 1473 to be operative only if SB 1473 and this bill are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 413, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6354.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5264.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 7. Noes 0.) (August 11).

  11. Referred to APPR. suspense file.

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

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28).

  14. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 14). Re-referred to Com. on JUD.

  15. Referred to Coms. on N.R. & W. and JUD.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 5180.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 20. Noes 0.) (May 27).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 12).

  25. Re-referred to Com. on JUD.

  26. Read second time and amended.

  27. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (March 29).

  28. Referred to Coms. on W., P., & W. and JUD.

  29. From printer. May be heard in committee March 20.

  30. Read first time. To print.

Sponsors

  • Achadjian · Cosponsor
  • Bigelow · Cosponsor
  • Bloom · Cosponsor
  • Brown · Cosponsor
  • Salas · Cosponsor
  • Gray · Cosponsor
  • Dababneh · Cosponsor
  • Cooley · Primary
  • Eggman · Cosponsor
  • Dodd · Cosponsor
  • Gatto · Cosponsor
  • Mike A. Gipson · Cosponsor
  • Hertzberg · Cosponsor
  • Hueso · Cosponsor
  • Levine · Cosponsor
  • Obernolte · Cosponsor
  • Olsen · Cosponsor
  • Pavley · Cosponsor
  • Vidak · Cosponsor
  • Wagner · Cosponsor
  • Wolk · Cosponsor
  • Joe Patterson · Cosponsor
  • Corey A. Jackson · Cosponsor
  • Robert Garcia · Cosponsor
  • Joaquin Arambula · Cosponsor
  • Travis Allen · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 25 co-sponsors · 96 not signed on

Sponsors (1)

  • Cooley

Co-sponsors (25)

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"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 2249 COOLEY Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 5000
Republican 5000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Harper — Yea
Linder — Yea
Salas — Yea
Mayes — Yea
Chau — Yea
Chu — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Weber — Yea
Williams — Yea
Cooley — Yea
McCarty — Yea
Wilk — Yea
Burke — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Kim — Yea
Lopez — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Baker — Yea
Bigelow — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Wood — Yea
Gomez — Yea
Gordon — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2249 Cooley By Pavley

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Lara — Yea
Morrell — Yea
Vidak — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Block — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Huff — Yea
Fuller — Yea
Galgiani — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Nielsen — Yea
Bates — Yea
Mendoza — Yea
Hill — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Mendoza — Yea
Bates — Yea
Beall — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2249 COOLEY Assembly Third Reading

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 5000
Republican 5000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Holden — Yea
Kim — Yea
Mathis — Yea
Medina — Yea
O'Donnell — Yea
Olsen — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Chau — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Salas — Yea
Mayes — Yea
Frazier — Yea
Linder — Yea
Rodriguez — Yea
Williams — Yea
Chu — Yea
Low — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Gordon — Yea
Levine — Yea
Steinorth — Yea
Chang — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Eggman — Yea
Gatto — Yea
Hadley — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Melendez — Yea
Mullin — Yea
Santiago — Yea
Wagner — Yea
Bigelow — Yea
Chávez — Yea
Dodd — Yea
Quirk — Yea
Ting — Yea
McCarty — Yea
Ridley-Thomas — Yea
Waldron — Yea
Wilk — Yea
Burke — Yea
Chiu — Yea
Cooley — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Obernolte — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chang — Yea
Daly — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Chiu — Yea
Chau — Yea
Holden — Yea
Maienschein — Yea
Ting — Yea
Wagner — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Judiciary]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Harper — Yea
Mathis — Yea
Dababneh — Yea
Dodd — Yea
Lopez — Yea
Gomez — Yea
Salas — Yea
Bigelow — Yea
Levine — Yea
Medina — Yea
Olsen — Yea
Williams — Yea
Gordon — Yea
Cristina Garcia — Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 2249 do?
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist and generally requires that a concession contract within state parks for a period of more than 2 years be awarded to the best responsible bidder. This bill would enact the California Heritage Protection Act, which would make various changes to the process for negotiating or renegotiating state parks concession contracts. The bill would modify the definition of a best responsible bidder to include that the bidder, among other things, will operate the concession in a manner that protects the state's trademark and service mark interest in the names associated with a state park venue and its historical, cultural, and recreational resources. This bill would prohibit a concession contract from providing a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and would prohibit a concession contract from serving as the basis for any legal claim that the contracting party has that interest. The bill would declare that these provisions do not constitute a change in, but are declaratory of, existing law. The bill would prohibit a bidder who makes that legal claim or assertion, and a bidder who a court has determined has made that legal claim or assertion with respect to a state or federal park venue without reasonable cause and in bad faith, from being awarded a concession contract within state parks. The bill would require the department to adopt regulations to provide a bidder who is denied a contract award based on these reasons with written notice and an opportunity to rebut the basis of the contract denial at a formal hearing. The bill would render a provision of a concession contract that, on and after January 1, 2017, provides a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, void and unenforceable. This bill would require a concession contract to contain provisions requiring the concessionaire to forfeit the right to bid on future state park concession contracts if the concessionaire makes the above-described legal claim or assertion and requiring a concessionaire to be responsible for the state's attorney fees, costs, and expenses if the concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation of the trademark or service mark application. This bill would incorporate additional changes to Section 5080.18 of the Public Resources Code proposed by SB 1473 to be operative only if SB 1473 and this bill are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Who sponsors AB 2249?
AB 2249 is sponsored by Achadjian, Bigelow, Bloom, Brown, Salas, Gray, Dababneh, Cooley, Eggman, Dodd, Gatto, Gipson, Mike A. (Democratic), Hertzberg, Hueso, Levine, Obernolte, Olsen, Pavley, Vidak, Wagner, Wolk, Patterson, Joe (Republican), Jackson, Corey A. (Democratic), Garcia, Robert (Democratic), Arambula, Joaquin (Democratic), and Travis Allen.
What is the current status of AB 2249?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track AB 2249?
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