Safe Body Art Act.
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AB 517 — Safe Body Art Act.
Last action — Consideration of Governor's veto stricken from file.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Under existing law, every person engaged in the business of tattooing, body piercing, or permanent cosmetics is required to register with the county in which that business is conducted, obtain a copy of the county's sterilization, sanitation, and safety standards, as established by the California Conference of Local Health Officers and distributed by the State Department of Public Health, as specified, and pay a one-time registration fee of $25. Existing law allows the county to charge an additional fee if necessary to cover the cost of registration and inspection and allows a county to adopt regulations that do not conflict with, or are more comprehensive than, standards adopted by the department. Under existing law, a person who fails to register or who violates the sterilization, sanitation, and safety standards is liable for a civil penalty of up to $500, to be collected in an action brought by the prosecuting attorney of the county or city and county in which the violation occurred. This bill would, as of July 1, 2010, repeal these provisions and, instead, enact the Safe Body Art Act. The act would prohibit a person from performing body art, as defined, without registering annually with the local enforcement agency. The bill would require practitioners to comply with specified requirements, including, among other things, client information and questionnaires, vaccination, bloodborne pathogen training, and sanitation. The bill would also require the owner of a body art facility, as defined, to obtain and annually renew a health permit from the local enforcement agency, as specified, and to maintain the body art facility in a specified manner. This bill would exempt from the definition of body art the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear but would impose specified regulations on that practice. The bill would require facilities performing ear piercing to register annually with the local enforcement agency. The bill would allow the local enforcement agency to set the fee amount for registration at an amount sufficient to cover the actual costs of administering the program. This bill would regulate the performance of body art in vehicles, temporary booths, and at body art events and would require a person sponsoring a body art event to obtain a permit and fulfill specified requirements. The bill would allow inspection by an enforcement officer, and would provide for the suspension or revocation of a certificate of registration or a health permit in specified circumstances. The bill would make performing body art without being registered, operation of a body art facility without a health permit, or operation of a temporary body art event without a permit a misdemeanor and would allow the local enforcement agency to assess an administrative penalty, in an amount not less than $25 and not more than $1,000 for violating a provision of the chapter. This bill would allow a city, county, or city and county to adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of the act as those provisions relate to body art. Because this bill would place the inspection and enforcement requirements on local governments and because it creates a new crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
Bill Text
- Enrolled 09/09/09 - Enrolled Current pdf September 09, 2009
- Amended 08/18/09 - Amended Senate pdf August 18, 2009
- Amended 07/23/09 - Amended Senate pdf July 23, 2009
- Amended 07/02/09 - Amended Senate pdf July 02, 2009
- Amended 04/13/09 - Amended Assembly pdf April 13, 2009
- Introduced 02/24/09 - Introduced pdf February 24, 2009
- AB517 View text html
Action History
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Consideration of Governor's veto stricken from file.
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Consideration of Governor's veto pending.
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Vetoed by Governor.
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Enrolled and to the Governor at 7 p.m.
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Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2977.)
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Assembly Rule 77 suspended. (Page 2970.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
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Read third time, passed, and to Assembly. (Ayes 23. Noes 15. Page 2069.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 8. Noes 2.) (August 24).
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(Corrected August 28.)
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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In committee: Hearing postponed by committee.
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Read second time, amended, and re-referred to Com. on APPR.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 15).
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In committee: Hearing postponed by committee.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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In committee: Hearing postponed by committee.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on HEALTH.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1660.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 16. Noes 0.) (April 29).
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 17. Noes 0.) (April 14).
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Referred to Com. on HEALTH.
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From printer. May be heard in committee March 27.
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Read first time. To print.
Sponsors
- Alquist · Cosponsor
- Ma · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No
Sponsors (1)
- Ma
Co-sponsors (1)
- Alquist
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 0 | 0 | 2 |
| Democratic | 2 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 88 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Bill | — | Yea |
| Tom | — | Yea |
| Eng | — | Yea |
| Feuer | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Yea |
| Galgiani | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Harkey | — | Yea |
| Hayashi | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Fletcher | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Coto | — | Yea |
| DeVore | — | Yea |
| Duvall | — | Yea |
| Jeffries | — | Yea |
| Knight | — | Yea |
| Lieu | — | Yea |
| Logue | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Nava | — | Yea |
| Nestande | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Audra | — | Yea |
| Charles | — | Not Voting |
| Bass | — | Yea |
| Skinner | — | Yea |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Tran | — | Yea |
| Villines | — | Yea |
| Adams | — | Yea |
| Anderson | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hernandez | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Ma | — | Yea |
| Monning | — | Yea |
| Nielsen | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| Davis | — | Not Voting |
| Yamada | — | Yea |
| Fuller | — | Yea |
| Garrick | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 14 | 0 | 2 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 24 | 15 | 0 | 2 |
| % of votes cast | 59% | 37% | 0% | 5% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Cedillo | — | Yea |
| Florez | — | Yea |
| Hancock | — | Yea |
| Corbett | — | Yea |
| Ducheny | — | Yea |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Lowenthal | — | Yea |
| Negrete | — | Yea |
| Wyland | — | Nay |
| Runner | — | Nay |
| Cogdill | — | Nay |
| Correa | — | Nay |
| Cox | — | Nay |
| Hollingsworth | — | Nay |
| Huff | — | Nay |
| McLeod | — | Yea |
| Oropeza | — | Not Voting |
| Pavley | — | Yea |
| Ashburn | — | Nay |
| DeSaulnier | — | Not Voting |
| Dutton | — | Nay |
| Price | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Wiggins | — | Yea |
| Wolk | — | Yea |
| Aanestad | — | Nay |
| Alquist | — | Yea |
| Benoit | — | Nay |
| Harman | — | Nay |
| Maldonado | — | Yea |
| Romero | — | Yea |
| Walters | — | Nay |
| Wright | — | Yea |
| Denham | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 2 | 0 | 3 |
| Total | 8 | 2 | 0 | 3 |
| % of votes cast | 62% | 15% | 0% | 23% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Runner | — | Not Voting |
| Kehoe | — | Yea |
| Corbett | — | Yea |
| Leno | — | Yea |
| Price | — | Yea |
| Wolk | — | Yea |
| Oropeza | — | Yea |
| Walters | — | Nay |
| Wyland | — | Not Voting |
| Cox | — | Nay |
| Denham | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 2 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 9 | 2 | 0 | 1 |
| % of votes cast | 75% | 17% | 0% | 8% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Maldonado | — | Not Voting |
| Negrete | — | Yea |
| McLeod | — | Yea |
| Alquist | — | Yea |
| Wolk | — | Yea |
| Aanestad | — | Nay |
| Leno | — | Yea |
| Pavley | — | Yea |
| Cedillo | — | Yea |
| Cox | — | Nay |
| DeSaulnier | — | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 82 | 0 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 90 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Bill | — | Yea |
| Berryhill | — | Yea |
| Tom | — | Yea |
| Berryhill | — | Yea |
| Eng | — | Yea |
| Feuer | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Yea |
| Charles | — | Yea |
| Galgiani | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Harkey | — | Yea |
| Hernandez | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Hill | — | Yea |
| Fletcher | — | Yea |
| Gaines | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Coto | — | Yea |
| Huffman | — | Yea |
| Knight | — | Yea |
| Lieu | — | Yea |
| Logue | — | Yea |
| Bonnie | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Jeffries | — | Not Voting |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Bass | — | Yea |
| Duvall | — | Not Voting |
| Nava | — | Yea |
| Nestande | — | Yea |
| Price | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Smyth | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Tran | — | Yea |
| Villines | — | Yea |
| Adams | — | Yea |
| Anderson | — | Yea |
| Blakeslee | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Huber | — | Yea |
| Krekorian | — | Yea |
| Ma | — | Yea |
| Miller | — | Yea |
| Nielsen | — | Yea |
| Torlakson | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| Davis | — | Yea |
| Yamada | — | Yea |
| DeVore | — | Yea |
| Fuller | — | Yea |
| Garrick | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Fuentes | — | Yea |
| Duvall | — | Yea |
| Charles | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Harkey | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Audra | — | Yea |
| Ammiano | — | Yea |
| Monning | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Krekorian | — | Yea |
| Miller | — | Yea |
| Nielsen | — | Yea |
| Price | — | Yea |
| Torlakson | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 2 |
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 2 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Carter | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fletcher | — | Yea |
| Bonnie | — | Yea |
| Salas | — | Yea |
| Audra | — | Yea |
| Conway | — | Yea |
| Gaines | — | Not Voting |
| Hayashi | — | Yea |
| Ammiano | — | Not Voting |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Nava | — | Yea |
| Adams | — | Yea |
| Block | — | Yea |
| Emmerson | — | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 517 do?
- Under existing law, every person engaged in the business of tattooing, body piercing, or permanent cosmetics is required to register with the county in which that business is conducted, obtain a copy of the county's sterilization, sanitation, and safety standards, as established by the California Conference of Local Health Officers and distributed by the State Department of Public Health, as specified, and pay a one-time registration fee of $25. Existing law allows the county to charge an additional fee if necessary to cover the cost of registration and inspection and allows a county to adopt regulations that do not conflict with, or are more comprehensive than, standards adopted by the department. Under existing law, a person who fails to register or who violates the sterilization, sanitation, and safety standards is liable for a civil penalty of up to $500, to be collected in an action brought by the prosecuting attorney of the county or city and county in which the violation occurred. This bill would, as of July 1, 2010, repeal these provisions and, instead, enact the Safe Body Art Act. The act would prohibit a person from performing body art, as defined, without registering annually with the local enforcement agency. The bill would require practitioners to comply with specified requirements, including, among other things, client information and questionnaires, vaccination, bloodborne pathogen training, and sanitation. The bill would also require the owner of a body art facility, as defined, to obtain and annually renew a health permit from the local enforcement agency, as specified, and to maintain the body art facility in a specified manner. This bill would exempt from the definition of body art the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear but would impose specified regulations on that practice. The bill would require facilities performing ear piercing to register annually with the local enforcement agency. The bill would allow the local enforcement agency to set the fee amount for registration at an amount sufficient to cover the actual costs of administering the program. This bill would regulate the performance of body art in vehicles, temporary booths, and at body art events and would require a person sponsoring a body art event to obtain a permit and fulfill specified requirements. The bill would allow inspection by an enforcement officer, and would provide for the suspension or revocation of a certificate of registration or a health permit in specified circumstances. The bill would make performing body art without being registered, operation of a body art facility without a health permit, or operation of a temporary body art event without a permit a misdemeanor and would allow the local enforcement agency to assess an administrative penalty, in an amount not less than $25 and not more than $1,000 for violating a provision of the chapter. This bill would allow a city, county, or city and county to adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of the act as those provisions relate to body art. Because this bill would place the inspection and enforcement requirements on local governments and because it creates a new crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
- Who sponsors AB 517?
- AB 517 is sponsored by Alquist and Ma.
- What is the current status of AB 517?
- This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 517?
- Track AB 517 free on One Click Politics — get push/email alerts when it moves.
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