AB 862 — Agriculture.
Last action — Chaptered by Secretary of State - Chapter 374, Statutes of 2015.
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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 26, 2015. 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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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 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
(1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. This bill would substitute the State Department of Public Health for the State Department of Health Care Services in these provisions. (2) Existing law authorizes the Department of Food and Agriculture, by rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department. (3) Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures. This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. (4) Under existing law, certified farmers' markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers' market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified. This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law requires a certified farmers' market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. This bill would require a producer of these crops to submit this information to the county agricultural commissioner's office in the county in which the producer's land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program. (5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill Text
- Chaptered 09/30/15 - Chaptered Current pdf September 30, 2015
- Enrolled 08/26/15 - Enrolled pdf August 26, 2015
- Amended 06/25/15 - Amended Senate pdf June 25, 2015
- Amended 06/08/15 - Amended Senate pdf June 08, 2015
- Amended 04/21/15 - Amended Assembly pdf April 21, 2015
- Introduced 02/26/15 - Introduced pdf February 26, 2015
- AB862 View text html
Action History
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Chaptered by Secretary of State - Chapter 374, Statutes of 2015.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2557.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2118.).
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Read second time. Ordered to Consent Calendar.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 7). 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 AGRI.
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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 AGRI.
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Referred to Com. on AGRI.
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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 74. Noes 0. Page 1562.)
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13).
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 29). Re-referred to Com. on APPR.
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Re-referred to Com. on AGRI.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.
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Referred to Com. on AGRI.
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From printer. May be heard in committee March 29.
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Read first time. To print.
Sponsors
- Committee on Agriculture · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Committee on Agriculture
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 70 | 0 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 79 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Mathis | — | Yea |
| Mullin | — | Yea |
| Obernolte | — | Yea |
| Quirk | — | Yea |
| Ridley-Thomas | — | Not Voting |
| Ting | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Chau | — | Yea |
| Harper | — | Yea |
| Chu | — | Yea |
| Salas | — | Yea |
| Linder | — | Yea |
| Mayes | — | Yea |
| Olsen | — | Yea |
| Rodriguez | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Gatto | — | Yea |
| Burke | — | Yea |
| Gordon | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Gray | — | Yea |
| Kim | — | Yea |
| Atkins | — | Yea |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Maienschein | — | Yea |
| Lopez | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Melendez | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Baker | — | Yea |
| Chang | — | Yea |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Thurmond | — | Yea |
| Wagner | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Wood | — | Yea |
| Frazier | — | Yea |
| Gomez | — | Yea |
| Hadley | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 0 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Hertzberg | — | Yea |
| Hill | — | Yea |
| Leyva | — | Yea |
| Wolk | — | Yea |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Allen | — | Yea |
| Glazer | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Runner | — | Yea |
| Cannella | — | Yea |
| Hancock | — | Yea |
| Hernandez | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Hueso | — | Yea |
| Huff | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pan | — | Yea |
| Pavley | — | Yea |
| Roth | — | Yea |
| Vidak | — | Yea |
| Wieckowski | — | Yea |
| Hall | — | Not Voting |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Wolk | — | Yea |
| Cannella | — | Yea |
| Pan | — | Yea |
| Galgiani | — | Yea |
| Bill Berryhill | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 0 | 0 | 5 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 1 |
| Total | 74 | 0 | 0 | 6 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Not Voting |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Kim | — | Yea |
| Linder | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| Quirk | — | Yea |
| Ridley-Thomas | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Not Voting |
| Williams | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Daly | — | Yea |
| Salas | — | Yea |
| Burke | — | Yea |
| Bonilla | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Gordon | — | Yea |
| Gray | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Lopez | — | Yea |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Mayes | — | Yea |
| McCarty | — | Yea |
| Campos | — | Yea |
| Atkins | — | Yea |
| Medina | — | Yea |
| Melendez | — | Yea |
| Bigelow | — | Yea |
| Chang | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Dodd | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Wagner | — | Yea |
| Wilk | — | Yea |
| O'Donnell | — | Not Voting |
| Olsen | — | Not Voting |
| Ting | — | Yea |
| Weber | — | Not Voting |
| Wood | — | Yea |
| Gonzalez | — | Yea |
| Hadley | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Weber | — | Yea |
| Wood | — | Yea |
| Eggman | — | Yea |
| Daly | — | Yea |
| Gomez | — | Yea |
| Chang | — | Yea |
| Bigelow | — | Yea |
| Holden | — | Yea |
| Quirk | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Yea |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 7 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 1 |
| Total | 9 | 0 | 0 | 1 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Mathis | — | Yea |
| Perea | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Dodd | — | Yea |
| Salas | — | Yea |
| Quirk | — | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Not Voting |
Subjects
Frequently asked questions
- What does AB 862 do?
- (1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. This bill would substitute the State Department of Public Health for the State Department of Health Care Services in these provisions. (2) Existing law authorizes the Department of Food and Agriculture, by rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department. (3) Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures. This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. (4) Under existing law, certified farmers' markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers' market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified. This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law requires a certified farmers' market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. This bill would require a producer of these crops to submit this information to the county agricultural commissioner's office in the county in which the producer's land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program. (5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
- Who sponsors AB 862?
- AB 862 is sponsored by Committee on Agriculture.
- What is the current status of AB 862?
- This bill has been enacted into law. Introduced February 26, 2015. Enacted.
- Where can I track AB 862?
- Track AB 862 free on One Click Politics — get push/email alerts when it moves.
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