AB 491 California Assembly · 2023-2024 Regular Session

Local government: fines and penalties.

Summary
Existing law authorizes the legislative body of a local agency, as defined, to make, by ordinance, a violation of an ordinance subject to an administrative fine or penalty, as specified. Existing law requires the local agency to set forth by ordinance the administrative procedures that govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Existing law authorizes a person contesting a final administrative order or decision to seek review by filing an appeal to be heard by the superior court, as specified. This bill would make the above-described appeal the exclusive means of judicial review for an administrative fine or penalty that does not exceed a specified amount and that is imposed for violation of a local law regulating or prohibiting commercial cannabis activity, as specified. This bill would authorize a local agency to establish, by ordinance, a procedure to collect those administrative fines or penalties by lien upon the parcel of land on which the violation occurred, as specified. For specified administrative fines or penalties, this bill would authorize a local agency, after the exhaustion of the administrative and appeal procedures referenced above, to file with the clerk of the superior court of any county a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agency's decision. The bill would require the clerk to enter the judgment immediately and prohibit the clerk from charging fees related to that requirement. This bill would make the remedies and penalties provided by the above-described provisions governing the imposition, enforcement, collection, administrative review, and appeal of administrative fines and penalties cumulative to the remedies or penalties available under other law.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Jul 2024
Assembly Passage
May 2023
Senate Passage
Governor
Introduced Feb 7, 2023 Last action Jul 2, 2024
Floor votes · Assembly May 4, 2023

How they voted

75–0
Passed · 5 other
Total votes 80
May 4, 2023
D Democratic62
59 Yea 3
95% Yea
R Republican18
16 Yea 2
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
8
Committee
9
Amendments
5
Jul 2, 2024
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 21, 2024
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 3, 2024
Upper · Passed
Read second time and amended. Re-referred to Com. on JUD.
upper
May 30, 2024
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (May 29).
upper
May 8, 2024
Committee
Re-referred to Coms. on L. GOV. and JUD.
upper
Sep 25, 2023
Upper · Passed
Measure version as amended on September 13 corrected.
upper
Sep 13, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
upper
May 25, 2023
Committee
Re-referred to Com. on RLS.
upper
May 24, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
upper
May 17, 2023
Committee
Referred to Com. on GOV. & F.
upper
May 4, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1461.)
lower
Apr 26, 2023
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).
lower
Apr 18, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 17). Re-referred to Com. on APPR.
lower
Feb 17, 2023
Committee
Referred to Com. on REV. & TAX.
lower
Feb 8, 2023
Lower · Passed
From printer. May be heard in committee March 10.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Greg Wallis
Greg Wallis
RRepublican
CA
47