California 2015-2016 Regular Session Status: Enacted 1 R cosponsors

AB 2801 — Local government: fees and charges: written protest.

Last action — Chaptered by Secretary of State - Chapter 248, 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • 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

Articles XIIIC and XIIID of the California Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Articles XIIIC and XIIID of the California Constitution. Existing statutory law provides notice, protest, and hearing procedures for the levying of new or increased fees or charges by local government agencies pursuant to Article XIIID of the California Constitution. Under existing statutory law, one written protest per parcel, filed by an owner or tenant of the parcel, is counted in calculating a majority protest to a proposed new or increased fee or charge. This bill would require the agency to maintain the written protests for a minimum of 2 years following the date of the hearing to consider the written protests. By increasing the duties of local officials, this bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 248, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4986.).

  6. Ordered to third reading.

  7. From Consent Calendar.

  8. Read second time. Ordered to Consent Calendar.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  10. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 15). Re-referred to Com. on APPR.

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

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4872.)

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 11).

  16. Re-referred to Com. on APPR.

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

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 20).

  21. From committee: Be re-referred to Com. on L. GOV. Re-referred. (Ayes 9. Noes 0.) (April 11). Re-referred to Com. on L. GOV.

  22. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  23. Re-referred to Com. on JUD.

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

  25. Referred to Com. on JUD.

  26. Read first time.

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

  28. Introduced. To print.

Sponsors

Sponsorship breakdown

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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

3rd Reading AB2801 Gallagher By Moorlach

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Bates — Yea
Block — Yea
Hill — Yea
Huff — Yea
Leno — Yea
Morrell — Yea
Vidak — Yea
Cannella — Yea
Anderson — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Lara — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Hancock — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Roth — Yea
Wieckowski — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 2801 GALLAGHER Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 5000
Republican 5000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Kim — Yea
Low — Yea
Maienschein — Yea
Mathis — Not Voting
Olsen — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Gatto — Yea
Campos — Yea
Chávez — Yea
Cooper — Yea
Salas — Yea
Dababneh — Yea
Bonilla — Yea
Gray — Yea
Lopez — Yea
Alejo — Yea
Bigelow — Yea
Dodd — Yea
Jones-Sawyer — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Wagner — Yea
Frazier — Yea
Gordon — Yea
Hadley — Yea
Atkins — Yea
Holden — Yea
Burke — Yea
Levine — Yea
Linder — Yea
McCarty — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Baker — Yea
Chang — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Wilk — Yea
Williams — Not Voting
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
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 Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Holden — Yea
Eggman — Yea
Chang — Yea
Bonilla — Yea
Chau — Yea
Bigelow — Yea
McCarty — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Wood — 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 →

Be re-referred to the Committee on [Local Government]

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Republican 0001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Brough — Yea
Holden — Yea
Mullin — Yea
Quirk — Yea
Cooley — Yea
Gomez — Yea
Gordon — Yea
Chang — Yea
Rodriguez — Yea
Waldron — Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety housing elections
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Frequently asked questions

What does AB 2801 do?
Articles XIIIC and XIIID of the California Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Articles XIIIC and XIIID of the California Constitution. Existing statutory law provides notice, protest, and hearing procedures for the levying of new or increased fees or charges by local government agencies pursuant to Article XIIID of the California Constitution. Under existing statutory law, one written protest per parcel, filed by an owner or tenant of the parcel, is counted in calculating a majority protest to a proposed new or increased fee or charge. This bill would require the agency to maintain the written protests for a minimum of 2 years following the date of the hearing to consider the written protests. By increasing the duties of local officials, this bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 2801?
AB 2801 is sponsored by Gallagher, James (Republican).
What is the current status of AB 2801?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2801?
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