AB 686 — Indian children.
Last action — Chaptered by Secretary of State - Chapter 434, Statutes of 2019.
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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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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. This bill would require the Judicial Council to establish a rule of court that would authorize the use of telephonic or other remote access by an Indian child's tribe in proceedings where ICWA apply. The bill would prohibit the charging of a fee for the telephonic or remote access. Existing law requires counties to implement the resource family approval process and authorizes a federally recognized tribe to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to ICWA. Existing law generally makes a resource family eligible to provide foster care for any child in out-of-home placement, but authorizes a county and foster family agency to approve a resource family to care for a specific child. This bill would require, when the tribe does not exercise its right to approve a home for a specific child, the county and foster family agency to apply prevailing social and cultural standards of the Indian community when approving a resource family for that child. The bill would require the State Department of Social Services to issue all-county letters or similar instruction to provide guidance regarding consistent implementation of this provision. The bill would also clarify that tribal home approvals that comply with specific requirements are not subject to resource family approval requirements. By requiring counties to provide a higher level of service when approving resource families, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1517 of the Health and Safety Code proposed by AB 819 to be operative only if this bill and AB 819 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 16519.5 of the Welfare and Institutions Code proposed by AB 819 and AB 865 to be operative only if this bill and AB 819, this bill and AB 865, or all 3 bills are enacted and this bill is enacted last. 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 a specified reason.
Bill Text
- Chaptered 10/02/19 - Chaptered Current pdf October 02, 2019
- Enrolled 09/13/19 - Enrolled pdf September 13, 2019
- Amended 09/04/19 - Amended Senate pdf September 04, 2019
- Amended 07/09/19 - Amended Senate pdf July 09, 2019
- Amended 06/14/19 - Amended Senate pdf June 14, 2019
- Amended 03/28/19 - Amended Assembly pdf March 28, 2019
- Introduced 02/15/19 - Introduced pdf February 15, 2019
- AB686 View text html
Action History
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Chaptered by Secretary of State - Chapter 434, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3287.).
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Assembly Rule 77 suspended. (Page 3252.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2679.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Ordered to third reading.
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From Consent Calendar.
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Read second time. Ordered to Consent Calendar.
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From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
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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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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.
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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 JUD.
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From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 10). Re-referred to Com. on JUD.
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Referred to Coms. on HUMAN S. and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1475.)
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 24).
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 2). Re-referred to Com. on APPR.
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Re-referred to Com. on JUD.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (March 26).
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Referred to Coms. on HUM. S. and JUD.
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From printer. May be heard in committee March 21.
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Read first time. To print.
Sponsors
- Waldron · Primary
- James C. Ramos · Cosponsor
- Eloise Gómez Reyes · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on
Sponsors (1)
- Waldron
Co-sponsors (2)
- Ramos, James C. Democratic
- Reyes, Eloise Gómez Democratic
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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 | 52 | 0 | 0 | 0 |
| Democratic | 22 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 79 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Mathis | — | Yea |
| Cooley | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Quirk | — | Yea |
| Low | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Rendon | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Bloom | — | Yea |
| Voepel | — | Yea |
| Rodriguez | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Kamlager-Dove | — | Yea |
| Medina | — | Yea |
| Chu | — | Yea |
| Ting | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Salas | — | Yea |
| Brough | — | Yea |
| Gloria | — | Yea |
| Obernolte | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Jones-Sawyer | — | Yea |
| Friedman | — | Yea |
| Nazarian | — | Yea |
| Weber | — | Yea |
| Fong | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Santiago | — | Yea |
| Eggman | — | Yea |
| Levine | — | Yea |
| Wood | — | Yea |
| Melendez | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | 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 |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 0 | 0 | 0 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Morrell | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Borgeas | — | Yea |
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Glazer | — | Yea |
| Nielsen | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Mark Stone | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Monning | — | Yea |
| Borgeas | — | Yea |
| Wieckowski | — | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 1 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Pan | — | Yea |
| Mark Stone | — | Not Voting |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 0 | 0 | 2 |
| Democratic | 23 | 0 | 0 | 2 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 76 | 0 | 0 | 4 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Brough | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Salas | — | Yea |
| Mathis | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Cooley | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Obernolte | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Melendez | — | Yea |
| McCarty | — | Yea |
| Low | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Waldron | — | Yea |
| Quirk | — | Not Voting |
| Mullin | — | Not Voting |
| Voepel | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Not Voting |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | 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 |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 7 | 0 | 0 | 0 |
| Unaffiliated | 11 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Brough | — | Yea |
| Obernolte | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Bigelow | — | Yea |
| Jones-Sawyer | — | Yea |
| Eggman | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Kiley | — | Yea |
| Obernolte | — | Yea |
| Chiu | — | Yea |
| Maienschein | — | Yea |
| Holden | — | Yea |
| Gonzalez | — | Yea |
| Chau | — | Yea |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Friedman | — | Yea |
| Mathis | — | Yea |
| Maienschein | — | Yea |
| Mark Stone | — | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Choi, Steven S. | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 686 do?
- Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. This bill would require the Judicial Council to establish a rule of court that would authorize the use of telephonic or other remote access by an Indian child's tribe in proceedings where ICWA apply. The bill would prohibit the charging of a fee for the telephonic or remote access. Existing law requires counties to implement the resource family approval process and authorizes a federally recognized tribe to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to ICWA. Existing law generally makes a resource family eligible to provide foster care for any child in out-of-home placement, but authorizes a county and foster family agency to approve a resource family to care for a specific child. This bill would require, when the tribe does not exercise its right to approve a home for a specific child, the county and foster family agency to apply prevailing social and cultural standards of the Indian community when approving a resource family for that child. The bill would require the State Department of Social Services to issue all-county letters or similar instruction to provide guidance regarding consistent implementation of this provision. The bill would also clarify that tribal home approvals that comply with specific requirements are not subject to resource family approval requirements. By requiring counties to provide a higher level of service when approving resource families, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1517 of the Health and Safety Code proposed by AB 819 to be operative only if this bill and AB 819 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 16519.5 of the Welfare and Institutions Code proposed by AB 819 and AB 865 to be operative only if this bill and AB 819, this bill and AB 865, or all 3 bills are enacted and this bill is enacted last. 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 a specified reason.
- Who sponsors AB 686?
- AB 686 is sponsored by Waldron, Ramos, James C. (Democratic), and Reyes, Eloise Gómez (Democratic).
- What is the current status of AB 686?
- This bill has been enacted into law. Introduced February 15, 2019. Enacted.
- Where can I track AB 686?
- Track AB 686 free on One Click Politics — get push/email alerts when it moves.
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