California 2017-2018 Regular Session Status: Enacted

AB 2376 — Civil actions: provisional remedies: injunctions.

Last action — Chaptered by Secretary of State - Chapter 319, Statutes of 2018.

  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 14, 2018. 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 5 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.

In plain language

The bill allows residents to sue local agencies over illegal expenditures of tax funds.

This bill expands the ability of residents to take legal action against local agencies for illegal spending of tax monies. It allows any resident of a local agency to sue if they have paid certain types of taxes that fund that agency.

What this means for you
  • Consumers: This means consumers can challenge local agencies on how their tax money is being spent.

Summary

Existing law provides that a citizen resident or corporation who is assessed for and is liable to pay, or within one year before the commencement of the action, has paid, a tax in a county, town, city, or city and county may maintain an action to obtain a judgment restraining and preventing an illegal expenditure of, waste of, or injury to the estate, funds, or other property of the political subdivision, as specified. The California Supreme Court in Weatherford v. City of San Rafael (2017) 2 Cal.5th 1241 held that this tax was not restricted to payment of a property tax. This bill would expand the scope of an action described above by permitting the action to be maintained against a "local agency," defined as a city, town, county, or city and county, or a district, public authority, or any other political subdivision in the state. The bill would allow any resident of the local agency to maintain an action under those circumstances. The bill would further clarify that a tax that funds the defendant local agency is sufficient to confer standing as a taxpayer, including, but not limited to, an income tax, a sales and use tax or transaction and use tax initially paid by a consumer to a retailer, a property tax, or a business license tax. The bill would define "resident" for these purposes to mean a person who lives, works, owns property, or attends school in the jurisdiction of the defendant local agency.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 319, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6623.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5511.).

  7. Read second time. Ordered to third reading.

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

  9. Ordered to third reading.

  10. From Consent Calendar.

  11. Read second time. Ordered to Consent Calendar.

  12. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 12).

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

  14. Referred to Com. on JUD.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4786.)

  17. Read second time. Ordered to third reading.

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

  19. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (April 10).

  20. Re-referred to Com. on JUD.

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

  22. Referred to Com. on JUD.

  23. From printer. May be heard in committee March 17.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

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 2376 STONE Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 56002
Democratic 16000
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Levine — Yea
Maienschein — Yea
Quirk — Yea
Rendon — Yea
Thurmond — Yea
Wood — Yea
Eggman — Yea
Chu — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Chau — Yea
Fong — Yea
Salas — Yea
Gray — Yea
Kamlager-Dove — Yea
Kiley — Yea
Cunningham — Yea
Low — Yea
Mathis — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Rubio — Yea
Rivas — Yea
Harper — Not Voting
Holden — Yea
Jones-Sawyer — Yea
McCarty — Yea
O'Donnell — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Obernolte — Yea
Steinorth — Yea
Waldron — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2376 Mark Stone By Galgiani

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Wieckowski — Yea
Chang — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Portantino — Yea
Hernandez — Yea
Atkins — Yea
Hill — Yea
Cannella — Yea
Allen — Yea
Delgado — Yea
Bates — Yea
Beall — Yea
Dodd — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Skinner — Not Voting
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2376 STONE Assembly Third Reading

Passed 65 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 470010
Democratic 14001
Republican 4002
Total 650013
% of votes cast 83%0%0%17%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Harper — Not Voting
Holden — Yea
Kamlager-Dove — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Not Voting
Mullin — Not Voting
Quirk — Not Voting
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Burke — Yea
Chau — Yea
Frazier — Yea
Gloria — Yea
Jones-Sawyer — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Cooley — Yea
Low — Yea
Cooper — Yea
Mayes — Yea
Salas — Yea
Cunningham — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Nazarian — Yea
Obernolte — Yea
Rubio — Yea
Daly — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Friedman — Yea
Fong — Not Voting
Kiley — Not Voting
O'Donnell — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Eggman — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 7001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Chiu — Yea
Holden — Yea
Kiley — Not Voting
Maienschein — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Cunningham — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

taxation civil-rights elections
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 2376 do?
Existing law provides that a citizen resident or corporation who is assessed for and is liable to pay, or within one year before the commencement of the action, has paid, a tax in a county, town, city, or city and county may maintain an action to obtain a judgment restraining and preventing an illegal expenditure of, waste of, or injury to the estate, funds, or other property of the political subdivision, as specified. The California Supreme Court in Weatherford v. City of San Rafael (2017) 2 Cal.5th 1241 held that this tax was not restricted to payment of a property tax. This bill would expand the scope of an action described above by permitting the action to be maintained against a "local agency," defined as a city, town, county, or city and county, or a district, public authority, or any other political subdivision in the state. The bill would allow any resident of the local agency to maintain an action under those circumstances. The bill would further clarify that a tax that funds the defendant local agency is sufficient to confer standing as a taxpayer, including, but not limited to, an income tax, a sales and use tax or transaction and use tax initially paid by a consumer to a retailer, a property tax, or a business license tax. The bill would define "resident" for these purposes to mean a person who lives, works, owns property, or attends school in the jurisdiction of the defendant local agency.
Who sponsors AB 2376?
AB 2376 is sponsored by Mark Stone.
What is the current status of AB 2376?
This bill has been enacted into law. Introduced February 14, 2018. Enacted.
Where can I track AB 2376?
Track AB 2376 free on One Click Politics — get push/email alerts when it moves.

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