BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1502
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1502 (Eng)
          As Amended June 16, 2010
          Majority vote
           
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          |ASSEMBLY:  |     |(January 27,    |SENATE: |34-0 |(July 1, 2010) |
          |           |     |2010)           |        |     |               |
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               (vote not relevant)

          Original Committee Reference:    TRANS.  

           SUMMARY  :  Authorizes the county counsel to bring a civil action  
          to abate a public nuisance, a controlled substances nuisance, or  
          a gambling or prostitution nuisance as specified.

           The Senate amendments  delete the Assembly version of this bill,  
          and instead:

          1)Authorize the county counsel of the county where a nuisance is  
            located to bring an action for specified nuisances.  

          2)Make conforming changes.
           
          EXISTING LAW  :

          1)Defines a nuisance as anything which is injurious to health,  
            including the illegal sale of controlled substances, or is  
            indecent or offensive to the senses, or an obstruction to the  
            free use of property, so as to interfere with the comfortable  
            enjoyment of life or property, or unlawfully obstruct the free  
            passage or use, in the customary manner, of any navigable  
            lake, or river, bay stream, canal, or basin of any public  
            park, square, street, or highway.  

          2)Additionally states that every building or place used for the  
            purpose of unlawfully selling, serving, storing, keeping  
            manufacturing, or giving away any controlled substance, as  
            specified, and every building or place where those acts take  
            place, is a nuisance.  

          3)Further provides that every building or place used for the  
            purpose of illegal gambling, lewdness, assignation,  
            prostitution, or counterfeiting is a nuisance.








                                                                  AB 1502
                                                                  Page  2


          4)Generally authorizes a district attorney or city attorney to  
            bring an action to abate the above nuisances within their  
            respective jurisdictions.

           AS PASSED BY THE ASSEMBLY  , this bill dealt with drivers'  
          licenses.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  Under existing law, a nuisance is defined to mean  
          anything which is injurious to health or is indecent or  
          offensive to the senses, or an obstruction to the free use of  
          property, so as to interfere with the comfortable enjoyment of  
          life or property.  Current law also deems certain uses of  
          buildings or places to be a nuisance and authorizes a district  
          attorney, city attorney, or any citizen to bring an action to  
          abate and prevent the nuisance.  Such uses include, among other  
          things, buildings or places used for the purposes of illegal  
          gambling or prostitution, unlawfully selling, serving, storing,  
          keeping, manufacturing, or giving away any controlled substance,  
          unlawfully selling, serving, or giving away alcoholic liquor,  
          and manufacturing or intentionally selling counterfeit goods.  

          In response to concerns about the burden of the current nuisance  
          abatement caseload on district attorneys and city attorneys, and  
          the lack of a city attorney in unincorporated areas, this bill  
          would simply additionally add a county counsel to the list of  
          persons who can bring nuisance abatement and prevention actions  
          under specified circumstances.

           
          Analysis Prepared by  :    Thomas Clark / JUD. / (916) 319-2334 


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