Greg Wallis
- Republican
- Assemblymember
- District 47
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.
In committee: Set, first hearing. Hearing canceled at the request of author.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (May 29).
Measure version as amended on September 13 corrected.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
Senate Rules Suspended
Withdrawn from committee.
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.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1461.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).
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.
From printer. May be heard in committee March 10.
Read first time. To print.
Bill Text Versions | Format |
---|---|
AB491 | HTML |
02/07/23 - Introduced | |
05/24/23 - Amended Senate | |
09/13/23 - Amended Senate | |
06/03/24 - Amended Senate |
Document | Format |
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04/14/23- Assembly Revenue and Taxation | |
04/24/23- Assembly Appropriations | |
05/25/24- Senate Local Government |
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