California 2017-2018 Regular Session Status: Passed Assembly 4 D cosponsors

AB 2995 — Civil actions: injury to property: lead-based paint.

Last action — Read third time. Refused passage. (Ayes 30. Noes 35. Page 5655.).

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law provides that an injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Existing law requires an action seeking relief based on an injury to property to be commenced within 3 years after the time that the cause of action has accrued. This bill would provide that the presence of lead paint on the surfaces of a residence or other building constitutes a physical injury to property. The bill would provide that an action to recover damages for that injury would not accrue until three years from the date the aggrieved party has actual knowledge of the presence of lead-based paint in or on that property, as specified. The bill would provide that receipt or knowledge of disclosures that residences built before 1978 are presumed to contain lead-based paint are not alone sufficient to establish that knowledge. The bill would make related findings and declarations. The bill would make these provisions retroactive. The bill would make these provisions severable.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 30. Noes 35. Page 5655.).

  2. Read second time. Ordered to third reading.

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

  4. From committee: Amend, and do pass as amended. (Ayes 7. Noes 2.) (May 1).

  5. Re-referred to Com. on JUD.

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

  7. Referred to Com. on JUD.

  8. From printer. May be heard in committee March 19.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on · 12 voted No

Sponsors (1)

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"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 2995 CARRILLO Assembly Third Reading

Failed 30 Yea · 35 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 232509
Democratic 7404
Republican 0600
Total 3035013
% of votes cast 38%45%0%17%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Not Voting
Mathis — Nay
Mullin — Yea
O'Donnell — Not Voting
Quirk — Yea
Steinorth — Nay
Voepel — Nay
Wood — Yea
Chau — Yea
Eggman — Nay
Cooley — Nay
Gonzalez Fletcher — Yea
Frazier — Nay
Burke — Not Voting
Fong — Nay
Salas — Nay
Harper — Nay
Gray — Nay
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Nay
Levine — Yea
Low — Yea
Rubio — Not Voting
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Baker — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooper — Not Voting
Medina — Nay
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Rodriguez — Not Voting
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Cunningham — Nay
Daly — Not Voting
Friedman — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
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

Official roll call →

Do pass as amended.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5201
Democratic 2000
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Holden — Yea
Kiley — Nay
Chau — Yea
Chiu — Yea
Gonzalez Fletcher — Yea
Maienschein — Not Voting
Cunningham — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

public-safety housing civil-rights
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Frequently asked questions

What does AB 2995 do?
Existing law provides that an injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Existing law requires an action seeking relief based on an injury to property to be commenced within 3 years after the time that the cause of action has accrued. This bill would provide that the presence of lead paint on the surfaces of a residence or other building constitutes a physical injury to property. The bill would provide that an action to recover damages for that injury would not accrue until three years from the date the aggrieved party has actual knowledge of the presence of lead-based paint in or on that property, as specified. The bill would provide that receipt or knowledge of disclosures that residences built before 1978 are presumed to contain lead-based paint are not alone sufficient to establish that knowledge. The bill would make related findings and declarations. The bill would make these provisions retroactive. The bill would make these provisions severable.
Who sponsors AB 2995?
AB 2995 is sponsored by Bloom, Chiu, Jones-Sawyer, Kamlager-Dove, Limón, Monique (Democratic), McCarty, Mullin, Quirk, Ting, Wiener, Scott D. (Democratic), Carrillo, Juan (Democratic), Bonta, Mia (Democratic), and Mark Stone.
What is the current status of AB 2995?
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 2995?
Track AB 2995 free on One Click Politics — get push/email alerts when it moves.

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