California 2017-2018 Regular Session Status: Passed Assembly

AB 814 — Consumer protection: enforcement powers: investigatory subpoena.

Last action — Ordered to inactive file at the request of Senator McGuire.

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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 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under this law, actions for relief are required to be prosecuted exclusively by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, a city attorney of a city having a population in excess of 750,000, or a city attorney in a city and county, or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California, as specified, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law authorizes a district attorney, upon reasonable belief there has been a violation of the UCL or various other laws related to unfair business practices, to exercise all the powers granted to the Attorney General as a head of department to investigate the potential violation, including the authority to issue subpoenas. This bill would specify that this investigatory power granted to the Attorney General as a head of a department applies to a city attorney of a city having a population in excess of 750,000 or to a city attorney of a city and county when those city attorneys reasonably believe that there may have been a violation of the UCL.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator McGuire.

  2. Read second time. Ordered to third reading.

  3. Ordered to second reading.

  4. From inactive file.

  5. Ordered to inactive file at the request of Senator Jackson.

  6. Reconsideration granted. (Ayes 39. Noes 0. Page 2532.)

  7. Read third time. Refused passage. (Ayes 18. Noes 18. Page 2531.).

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

  10. In committee: Referred to suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 13). Re-referred to Com. on APPR.

  12. Referred to Coms. on JUD. and APPR.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 28. Page 873.)

  15. Read second time. Ordered to third reading.

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

  17. From committee: Amend, and do pass as amended. (Ayes 8. Noes 2.) (March 21).

  18. Re-referred to Com. on JUD.

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

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 18.

  22. Read first time. To print.

Sponsors

  • Bloom · Primary
  • Chiu · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 14 voted No

Sponsors (1)

  • Bloom

Co-sponsors (1)

  • Chiu

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

3rd Reading AB814 Bloom et al. By Jackson Reconsider

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hertzberg — Yea
Hueso — Not Voting
Leyva — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Galgiani — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Yea
Glazer — Yea
Hernandez — Yea
Hill — Yea
Anderson — Yea
Bates — Yea
Beall — Yea
Dodd — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
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 →

3rd Reading AB814 Bloom et al. By Jackson

Failed 18 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 141704
Democratic 4100
Total 181804
% of votes cast 45%45%0%10%
How each member voted (40)
Member Party Vote
Bates — Nay
Bradford — Yea
Hertzberg — Yea
Leyva — Yea
Moorlach — Nay
Skinner — Yea
Wieckowski — Yea
Monning — Yea
Mitchell — Yea
De León — Yea
Cannella — Nay
Allen — Yea
Atkins — Yea
Fuller — Nay
Dodd — Yea
Portantino — Nay
Galgiani — Nay
Glazer — Not Voting
Anderson — Nay
Beall — Yea
Hernandez — Yea
Hill — Nay
Hueso — Not Voting
Lara — Yea
Mendoza — Nay
Morrell — Nay
Newman — Nay
Nielsen — Nay
Pan — Not Voting
Roth — Not Voting
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Bates — Nay
Nielsen — Nay
Wiener, Scott D. 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
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 814 BLOOM Assembly Third Reading

Passed 43 Yea · 28 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 12202
Unaffiliated 311907
Republican 0700
Total 432809
% of votes cast 54%35%0%11%
How each member voted (80)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Harper — Nay
Mathis — Nay
Mullin — Not Voting
Obernolte — Nay
Rodriguez — Not Voting
Thurmond — Yea
Ting — Yea
Eggman — Yea
Cunningham — Nay
Daly — Not Voting
Frazier — Not Voting
Gloria — Yea
Friedman — Yea
Gomez — Yea
Holden — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Maienschein — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
McCarty — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Voepel — Nay
Weber — Yea
Salas — Nay
Chávez — Nay
Gray — Nay
Kiley — Nay
Mayes — Nay
Steinorth — Nay
Waldron — Nay
Acosta — Nay
Baker — Nay
Brough — Nay
Rubio — Not Voting
Cooper — Not Voting
Medina — Not Voting
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
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 Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Subjects

public-safety finance
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Frequently asked questions

What does AB 814 do?
The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under this law, actions for relief are required to be prosecuted exclusively by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, a city attorney of a city having a population in excess of 750,000, or a city attorney in a city and county, or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California, as specified, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law authorizes a district attorney, upon reasonable belief there has been a violation of the UCL or various other laws related to unfair business practices, to exercise all the powers granted to the Attorney General as a head of department to investigate the potential violation, including the authority to issue subpoenas. This bill would specify that this investigatory power granted to the Attorney General as a head of a department applies to a city attorney of a city having a population in excess of 750,000 or to a city attorney of a city and county when those city attorneys reasonably believe that there may have been a violation of the UCL.
Who sponsors AB 814?
AB 814 is sponsored by Bloom and Chiu.
What is the current status of AB 814?
This bill died with 2017-2018 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 814?
Track AB 814 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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