California 2017-2018 Regular Session Status: To Executive

AB 860 — Mental Health Services Oversight and Accountability Commission: factfinding tour.

Last action — Stricken from file.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. The act may be amended by the Legislature by a 23 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote. Existing law, the Bagley-Keene Open Meeting Act, requires all meetings of a state body to be open and public and requires that all persons shall be permitted to attend any meeting of a state body, except as otherwise specified. For purposes of the act, "state body" includes, among other entities, every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. As a state commission created by statute, the Mental Health Services Oversight and Accountability Commission is a state body for purposes of the act. This bill, notwithstanding the Bagley-Keene Open Meeting Act (Bagley-Keene Act) or any other law, would authorize the commission to conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities in furtherance of the commission's duties, for the purpose of supporting those duties. The bill would require the commission to comply with specified notice provisions required by the Bagley-Keene Act prior to the factfinding tour. The bill would require the commission to provide specified notice to members of the media of the proposed site tour and allow at least one member of the media to attend the site tour, as specified. The bill would prohibit the commission from taking any action, as described, during the site tour and from discussing among themselves any business of a specific nature that does not fall within the scope or purpose of the tour. The bill would require the commission to post a summary of the factfinding tour on its Internet Web site within 10 days after its completion. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it clarifies procedures and terms of the Mental Health Services Act.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 12:45 p.m.

  5. In Assembly. Ordered to Engrossing and Enrolling.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2023.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 21). Re-referred to Com. on APPR.

  10. Referred to Com. on HEALTH.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1489.)

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3).

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (April 19). Re-referred to Com. on APPR.

  16. Re-referred to Com. on G.O.

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

  18. From committee: Do pass and re-refer to Com. on G.O. (Ayes 14. Noes 0.) (April 4). Re-referred to Com. on G.O.

  19. Referred to Coms. on HEALTH and G.O.

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

  21. Read first time. To print.

Sponsors

  • Cooley · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cooley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Consent Calendar 2nd AB860

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hueso — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Not Voting
Skinner — Yea
Vidak — Yea
Dodd — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Beall — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 860 COOLEY Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Democratic 16000
Republican 5002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Voepel — Yea
Wood — Yea
Eggman — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Harper — Yea
Rubio — Yea
Salas — Yea
Chau — Yea
Jones-Sawyer — Yea
Levine — Yea
Bocanegra — Yea
Gray — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Mullin — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Burke — Yea
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — 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
Fong, Mike 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 Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 5000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Not Voting
Chau — Yea
Obernolte — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al 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]

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Democratic 3000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Brough — Not Voting
Kiley — Yea
Gloria — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Gray — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Waldron — Yea
Eduardo Garcia — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Governmental Organization]

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 9001
Republican 2000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Maienschein — Yea
Ridley-Thomas — Not Voting
Burke — Yea
McCarty — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Wood — Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Gallagher, James Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 860 do?
Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. The act may be amended by the Legislature by a 23 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote. Existing law, the Bagley-Keene Open Meeting Act, requires all meetings of a state body to be open and public and requires that all persons shall be permitted to attend any meeting of a state body, except as otherwise specified. For purposes of the act, "state body" includes, among other entities, every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. As a state commission created by statute, the Mental Health Services Oversight and Accountability Commission is a state body for purposes of the act. This bill, notwithstanding the Bagley-Keene Open Meeting Act (Bagley-Keene Act) or any other law, would authorize the commission to conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities in furtherance of the commission's duties, for the purpose of supporting those duties. The bill would require the commission to comply with specified notice provisions required by the Bagley-Keene Act prior to the factfinding tour. The bill would require the commission to provide specified notice to members of the media of the proposed site tour and allow at least one member of the media to attend the site tour, as specified. The bill would prohibit the commission from taking any action, as described, during the site tour and from discussing among themselves any business of a specific nature that does not fall within the scope or purpose of the tour. The bill would require the commission to post a summary of the factfinding tour on its Internet Web site within 10 days after its completion. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it clarifies procedures and terms of the Mental Health Services Act.
Who sponsors AB 860?
AB 860 is sponsored by Cooley.
What is the current status of AB 860?
This bill died with 2017-2018 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 860?
Track AB 860 free on One Click Politics — get push/email alerts when it moves.

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