California 2023-2024 Regular Session

California Assembly Bill AB1472 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~1472 CHAPTER 351An~~ act to add Section 799.47 to the Civil Code, relating to recreational vehicle parks. ~~[ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1472, Alvarez. City of Imperial Beach: recreational vehicle parks: registration requirements.Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define qualified recreational vehicle park as a recreational vehicle park located within the City of Imperial Beach.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 799.47 is added to the Civil Code, immediately following Section 799.46, to read:799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
	1	+	Enrolled September 04, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 30, 2024 Amended IN Senate June 24, 2024 Amended IN Assembly April 20, 2023 Amended IN Assembly April 10, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1472Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Kalra)February 17, 2023An act to add Section 799.47 to the Civil Code, relating to recreational vehicle parks.LEGISLATIVE COUNSEL'S DIGESTAB 1472, Alvarez. City of Imperial Beach: recreational vehicle parks: registration requirements.Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define qualified recreational vehicle park as a recreational vehicle park located within the City of Imperial Beach.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 799.47 is added to the Civil Code, immediately following Section 799.46, to read:799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
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3		-	Assembly Bill No. ~~1472 CHAPTER 351An~~ act to add Section 799.47 to the Civil Code, relating to recreational vehicle parks. ~~[ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1472, Alvarez. City of Imperial Beach: recreational vehicle parks: registration requirements.Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define qualified recreational vehicle park as a recreational vehicle park located within the City of Imperial Beach.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled September 04, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 30, 2024 Amended IN Senate June 24, 2024 Amended IN Assembly April 20, 2023 Amended IN Assembly April 10, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1472Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Kalra)February 17, 2023An act to add Section 799.47 to the Civil Code, relating to recreational vehicle parks.LEGISLATIVE COUNSEL'S DIGESTAB 1472, Alvarez. City of Imperial Beach: recreational vehicle parks: registration requirements.Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define qualified recreational vehicle park as a recreational vehicle park located within the City of Imperial Beach.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~1472 CHAPTER 351~~
	5	+	Enrolled September 04, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 30, 2024 Amended IN Senate June 24, 2024 Amended IN Assembly April 20, 2023 Amended IN Assembly April 10, 2023
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7		-	Assembly Bill No. 1472
	7	+	Enrolled September 04, 2024
	8	+	Passed IN Senate August 29, 2024
	9	+	Passed IN Assembly August 30, 2024
	10	+	Amended IN Senate June 24, 2024
	11	+	Amended IN Assembly April 20, 2023
	12	+	Amended IN Assembly April 10, 2023
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9		-	CHAPTER 351
	14	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
	15	+
	16	+	Assembly Bill
	17	+
	18	+	No. 1472
	19	+
	20	+	Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Kalra)February 17, 2023
	21	+
	22	+	Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Kalra)
	23	+	February 17, 2023
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11	25		An act to add Section 799.47 to the Civil Code, relating to recreational vehicle parks.
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13		-	[ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]
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15	27		LEGISLATIVE COUNSEL'S DIGEST
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17	29		## LEGISLATIVE COUNSEL'S DIGEST
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19	31		AB 1472, Alvarez. City of Imperial Beach: recreational vehicle parks: registration requirements.
20	32
21	33		Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define qualified recreational vehicle park as a recreational vehicle park located within the City of Imperial Beach.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.
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23	35		Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.
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25	37		The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define qualified recreational vehicle park as a recreational vehicle park located within the City of Imperial Beach.
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27	39		This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.
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29	41		## Digest Key
30	42
31	43		## Bill Text
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33	45		The people of the State of California do enact as follows:SECTION 1. Section 799.47 is added to the Civil Code, immediately following Section 799.46, to read:799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
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35	47		The people of the State of California do enact as follows:
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37	49		## The people of the State of California do enact as follows:
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39	51		SECTION 1. Section 799.47 is added to the Civil Code, immediately following Section 799.46, to read:799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
40	52
41	53		SECTION 1. Section 799.47 is added to the Civil Code, immediately following Section 799.46, to read:
42	54
43	55		### SECTION 1.
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45	57		799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
46	58
47	59		799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
48	60
49	61		799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.(e) For the purposes of this section:(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
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53	65		799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.
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55	67		(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).
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57	69		(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.
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59	71		(d) In an action brought pursuant to this section, the court shall award reasonable attorneys fees and costs to the prevailing party.
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61	73		(e) For the purposes of this section:
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63	75		(1) Qualified recreational vehicle park means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.
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65	77		(2) Notwithstanding Section 799.31 resident means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
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67	79		SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
68	80
69	81		SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
70	82
71	83		SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
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73	85		### SEC. 2.