California 2017-2018 Regular Session Status: Enacted

SB 946 — Sidewalk vendors.

Last action — Chaptered by Secretary of State. Chapter 459, Statutes of 2018.

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

This bill has been enacted into law. Introduced January 29, 2018. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 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.

Summary

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county. The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority. The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 459, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 12. Page 5546.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 56. Noes 17. Page 6396.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 1.) (June 20).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  12. Referred to Com. on L. GOV.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 22. Noes 10. Page 4939.) Ordered to the Assembly.

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

  16. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 4721.) (April 18).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  18. Set for hearing April 18.

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

  20. From printer. May be acted upon on or after March 1.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 10 voted No

Sponsors (1)

  • Lara

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Unfinished Business SB946 Lara et al. Concurrence

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201104
Democratic 4100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Bradford — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Roth — Yea
Vidak — Nay
Wilk — Nay
Cannella — Not Voting
Fuller — Nay
Galgiani — Yea
Glazer — Not Voting
Dodd — Yea
Mitchell — Yea
Wieckowski — Yea
Portantino — Yea
Atkins — Yea
Hernandez — Yea
Hertzberg — Yea
Chang — Nay
Allen — Yea
Hill — Yea
Delgado — Yea
Beall — Yea
Lara — Yea
Morrell — Nay
Pan — Yea
Skinner — Yea
De León — Not Voting
Nielsen — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 946 Lara Senate Third Reading By GARCIA, E.

Passed 56 Yea · 17 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 401305
Democratic 15001
Republican 1401
Total 561707
% of votes cast 70%21%0%9%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Kamlager-Dove — Yea
Kiley — Not Voting
Maienschein — Nay
Mathis — Yea
Mullin — Yea
Rodriguez — Yea
Steinorth — Not Voting
Ting — Yea
Weber — Yea
Fong — Not Voting
O'Donnell — Not Voting
Obernolte — Nay
Friedman — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Burke — Yea
Gloria — Yea
Harper — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Rivas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Nay
Waldron — Nay
Wood — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Nay
Daly — Yea
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
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 Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Yea
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading SB946 Lara et al.

Passed 22 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 181006
Democratic 4001
Total 221007
% of votes cast 56%26%0%18%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Nay
Roth — Yea
Vidak — Nay
Wilk — Not Voting
Dodd — Yea
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Morrell — Nay
Newman — Not Voting
Nielsen — Nay
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Portantino — Yea
Cannella — Not Voting
Allen — Yea
Mitchell — Yea
Atkins — Yea
De León — Not Voting
Bates — Nay
Bradford — Not Voting
Fuller — Nay
Glazer — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1001
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Lara — Yea
Hertzberg — Yea
Moorlach — Nay
Hernandez — Yea
Beall — Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

Subjects

public-safety civil-rights labor
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 SB 946 do?
Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county. The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority. The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors SB 946?
SB 946 is sponsored by Lara, McCarty, and Eduardo Garcia.
What is the current status of SB 946?
This bill has been enacted into law. Introduced January 29, 2018. Enacted.
Where can I track SB 946?
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