California 2017-2018 Regular Session Status: Passed Assembly 1 D cosponsors

AB 3076 — Indian child welfare: legal services.

Last action — In committee: Held under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing federal law, the Indian Child Welfare Act, governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of his or her parent or guardian. Existing provisions of state law govern child custody proceedings, adoption proceedings, and dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law recognizes that the federal Indian Child Welfare Act applies if the subject of these proceedings is or may be an Indian child, and specifies conforming procedures in these cases with regard to the right to notice and intervention accorded the child's tribe and the standard of proof applied in evaluating the evidence submitted, among other things. Existing law requires an attorney or law firm that receives or disburses trust funds to establish and maintain an Interest on Lawyers Trust Account (IOLTA) and to deposit in the account all client deposits or funds that are nominal in amount or are on deposit or invested for a short period of time, the interest and dividend earnings on which are to be paid to the State Bar of California to be used to fund qualified legal services projects that provide free civil legal services to indigent persons and qualified support centers that provide legal training, legal technical assistance, or advocacy support to qualified legal services projects, as specified. This bill would require the State Bar of California to administer grants to qualified legal services projects and qualified support centers for the purpose of providing legal services to Indian tribes in child welfare matters under the federal Indian Child Welfare Act. The bill would provide that its provisions shall become operative upon an appropriation of not less than $1,000,000 to the State Bar of California in the annual Budget Act expressly identified for the purpose of these provisions.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR.

  4. Referred to Com. on JUD.

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

  6. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5503.)

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 16. Noes 0.) (May 25).

  9. Coauthors revised.

  10. In committee: Set, first hearing. Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 24). Re-referred to Com. on APPR.

  12. Re-referred to Com. on JUD.

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

  14. Re-referred to Com. on JUD.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 10).

  17. Referred to Coms. on HUM. S. and JUD.

  18. From printer. May be heard in committee March 19.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

Co-sponsors (3)

  • Daly
  • Gloria
  • Waldron

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3076 REYES Assembly Third Reading

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Republican 6000
Democratic 15000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Kamlager-Dove — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Rodriguez — Yea
Thurmond — Yea
Eggman — Yea
Frazier — Yea
Burke — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Fong — Yea
Salas — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Gray — Yea
Nazarian — Yea
Chau — Yea
Chu — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Friedman — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Rubio — Not Voting
McCarty — Yea
O'Donnell — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Rendon — Yea
Baker — Yea
Bigelow — Yea
Steinorth — Yea
Waldron — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 3000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Obernolte — Yea
Quirk — Yea
Nazarian — Yea
Chau — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Kiley — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Chau — Yea
Weber — Yea
Cunningham — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Maienschein — Yea
Rubio — Yea
Thurmond — Yea
Mark Stone — Yea
Arambula, Joaquin Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Choi, Steven S. Republican Yea

Official roll call →

Subjects

civil-rights healthcare labor
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Frequently asked questions

What does AB 3076 do?
Existing federal law, the Indian Child Welfare Act, governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of his or her parent or guardian. Existing provisions of state law govern child custody proceedings, adoption proceedings, and dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law recognizes that the federal Indian Child Welfare Act applies if the subject of these proceedings is or may be an Indian child, and specifies conforming procedures in these cases with regard to the right to notice and intervention accorded the child's tribe and the standard of proof applied in evaluating the evidence submitted, among other things. Existing law requires an attorney or law firm that receives or disburses trust funds to establish and maintain an Interest on Lawyers Trust Account (IOLTA) and to deposit in the account all client deposits or funds that are nominal in amount or are on deposit or invested for a short period of time, the interest and dividend earnings on which are to be paid to the State Bar of California to be used to fund qualified legal services projects that provide free civil legal services to indigent persons and qualified support centers that provide legal training, legal technical assistance, or advocacy support to qualified legal services projects, as specified. This bill would require the State Bar of California to administer grants to qualified legal services projects and qualified support centers for the purpose of providing legal services to Indian tribes in child welfare matters under the federal Indian Child Welfare Act. The bill would provide that its provisions shall become operative upon an appropriation of not less than $1,000,000 to the State Bar of California in the annual Budget Act expressly identified for the purpose of these provisions.
Who sponsors AB 3076?
AB 3076 is sponsored by Daly, Gloria, Reyes, Eloise Gómez (Democratic), and Waldron.
What is the current status of AB 3076?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 3076?
Track AB 3076 free on One Click Politics — get push/email alerts when it moves.

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