AB 491

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 04, 2023
  • Senate
  • Governor

Local government: fines and penalties.

Abstract

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 Sponsors (1)

Votes


Actions


Jul 02, 2024

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

Jun 21, 2024

Senate

In committee: Hearing postponed by committee.

Jun 03, 2024

Senate

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

May 30, 2024

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (May 29).

May 08, 2024

Senate

Re-referred to Coms. on L. GOV. and JUD.

  • Referral-Committee
Coms. on L. GOV. and JUD.

Sep 25, 2023

Senate

Measure version as amended on September 13 corrected.

Sep 13, 2023

Senate

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

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Senate

Senate Rules Suspended

May 25, 2023

Senate

Withdrawn from committee.

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

May 24, 2023

Senate

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.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on GOV. & F.

May 17, 2023

Senate

Referred to Com. on GOV. & F.

  • Referral-Committee
Com. on GOV. & F.

May 04, 2023

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1461.)

Senate

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

Apr 27, 2023

Assembly

Read second time. Ordered to Consent Calendar.

Apr 26, 2023

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).

Apr 18, 2023

Assembly

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.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Feb 17, 2023

Assembly

Referred to Com. on REV. & TAX.

  • Referral-Committee
Com. on REV. & TAX.

Feb 08, 2023

Assembly

From printer. May be heard in committee March 10.

Feb 07, 2023

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB491 HTML
02/07/23 - Introduced PDF
05/24/23 - Amended Senate PDF
09/13/23 - Amended Senate PDF
06/03/24 - Amended Senate PDF

Related Documents

Document Format
04/14/23- Assembly Revenue and Taxation PDF
04/24/23- Assembly Appropriations PDF
05/25/24- Senate Local Government PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.