California 2015-2016 Regular Session Status: Enacted

AB 2820 — Crimes: price gouging: states of emergency.

Last action — Chaptered by Secretary of State - Chapter 671, Statutes of 2016.

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  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 19, 2016. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

Under existing law, upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster by the executive officer of any county, city, or city and county, and for a period of 30 days following that declaration, it is a misdemeanor with specified penalties for a person, contractor, business, or other entity to sell or offer to sell certain goods and services for a price that exceeds by 10% the price charged by that person immediately prior to the proclamation of emergency, except as specified. This bill would revise the definitions of a state of emergency and a local emergency to mean a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county in California, respectively. The bill would include towing services in the provisions described above. The bill would also specify that housing means any rental housing with an initial lease term of no longer than one year for purposes of these provisions. The bill would make other clarifying and conforming changes, including, among others, a specification that these provisions apply to both a state of emergency and a local emergency, and would make certain additional findings by the Legislature. By expanding the scope of an existing crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 671, Statutes of 2016.

  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 67. Noes 11. Page 6347.).

  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 31. Noes 0. Page 5286.).

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

  11. Read second time. Ordered to third reading.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 14). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 10. Page 4724.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 19. Noes 1.) (May 4).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR.

  20. Re-referred to Com. on PUB. S.

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

  22. Referred to Com. on PUB. S.

  23. Read first time.

  24. From printer. May be heard in committee March 22.

  25. Introduced. To print.

Sponsors

  • Chiu · Primary
  • Wilk · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Chiu

Co-sponsors (1)

  • Wilk

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

AB 2820 CHIU Concurrence in Senate Amendments

Passed 67 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 581002
Democratic 5000
Republican 4100
Total 671102
% of votes cast 84%14%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Maienschein — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Waldron — Nay
Weber — Yea
Eggman — Yea
Cooper — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Chang — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Low — Yea
Chau — Yea
Atkins — Yea
Mayes — Yea
Baker — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Wilk — Yea
Williams — Yea
Hadley — Not Voting
Chu — Yea
Chávez — Nay
Kim — Not Voting
Mathis — Nay
Ting — Yea
Wagner — Nay
Wood — Yea
Frazier — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
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 Nay
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2820 Chiu By Pavley

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 28008
Democratic 3000
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Bates — Yea
Hueso — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Fuller — Not Voting
Glazer — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hall — Yea
Hernandez — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Hertzberg — Yea
Hill — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Not Voting
Morrell — Not Voting
Nielsen — Not Voting
Pan — Yea
Pavley — Yea
Vidak — Not Voting
Wieckowski — Yea
Wolk — Yea
Hancock — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 2820 CHIU Assembly Third Reading

Passed 68 Yea · 10 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 59902
Democratic 5000
Republican 4100
Total 681002
% of votes cast 85%13%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Chiu — Yea
Chávez — Nay
Frazier — Yea
Campos — Yea
Cooper — Yea
Dababneh — Yea
Salas — Yea
Daly — Yea
Bonilla — Yea
Gomez — Yea
Gray — Yea
Lopez — Yea
Dodd — Yea
Jones-Sawyer — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Olsen — Yea
Wilk — Yea
Gatto — Nay
Hadley — Nay
Burke — Yea
Atkins — Yea
Harper — Nay
Holden — Yea
Chang — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Linder — Yea
Mayes — Nay
Obernolte — Nay
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Gordon — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
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 Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 19 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 2000
Republican 2000
Total 19100
% of votes cast 95%5%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Holden — Yea
Santiago — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Bonilla — Yea
Daly — Yea
Bigelow — Yea
McCarty — Yea
Obernolte — Nay
Quirk — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 2820 do?
Under existing law, upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster by the executive officer of any county, city, or city and county, and for a period of 30 days following that declaration, it is a misdemeanor with specified penalties for a person, contractor, business, or other entity to sell or offer to sell certain goods and services for a price that exceeds by 10% the price charged by that person immediately prior to the proclamation of emergency, except as specified. This bill would revise the definitions of a state of emergency and a local emergency to mean a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county in California, respectively. The bill would include towing services in the provisions described above. The bill would also specify that housing means any rental housing with an initial lease term of no longer than one year for purposes of these provisions. The bill would make other clarifying and conforming changes, including, among others, a specification that these provisions apply to both a state of emergency and a local emergency, and would make certain additional findings by the Legislature. By expanding the scope of an existing crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2820?
AB 2820 is sponsored by Chiu and Wilk.
What is the current status of AB 2820?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2820?
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