California 2015-2016 Regular Session Status: To Executive

SB 1040 — Postadoption instability: unlawful transfer of custody.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 regulates adoption services by the State Department of Social Services, county adoption agencies, licensed adoption agencies, and other adoption service providers and requires the department to adopt regulations pertaining to those services. Existing law makes it a misdemeanor for a parent of a minor to willfully omit, without lawful excuse, to furnish necessary clothing, food, shelter, or medical attendance, or other remedial care for his or her child. Existing law makes it a crime for a parent of a child under 14 years of age, and a person to whom the child has been confided for nurture or education, to desert the child in any place with intent to abandon the child, as specified. Existing law makes it a misdemeanor for a parent or organization, without holding a valid and unrevoked license to place children for adoption, to advertise in a public medium, as specified, that he, she, or it will place children for adoption, or accept, supply, provide, or obtain children for adoption, or to cause an advertisement to be published in or by a public medium soliciting, requesting, or asking for a child or children for adoption. This bill would require the State Department of Social Services, in consultation with specified individuals and entities, to establish a working group to review the challenges facing families with adopted children, to identify resources within the community that will assist families with these challenges, and to make recommendations to the Legislature as to the services that may be helpful to these families. The bill would require the working group to meet no later than April 1, 2017, and would require the working group's recommendations to be submitted in a report to the appropriate policy committees of the Legislature on or before April 1, 2018.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5429.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 5920.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 20. Noes 0.) (August 11).

  11. June 29 set for first hearing. Placed on APPR. suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14).

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S.

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

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 39. Noes 0. Page 4041.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 7. Noes 0. Page 4002.) (May 27).

  20. Set for hearing May 27.

  21. May 9 hearing: Placed on APPR. suspense file.

  22. Set for hearing May 9.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3610.) (April 19).

  25. Set for hearing April 19.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  27. Referred to Com. on JUD.

  28. From printer. May be acted upon on or after March 17.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary
  • Mullin · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Hill

Co-sponsors (1)

  • Mullin

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.

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

Special Consent

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Morrell — Yea
Wieckowski — Yea
Cannella — Yea
Allen — Yea
Glazer — Yea
Hall — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hill — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 5000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Daly — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Salas — Yea
Harper — Yea
Linder — Yea
Mayes — Yea
Olsen — Yea
Rodriguez — Yea
Williams — Yea
Burke — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Campos — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Not Voting
Gray — Yea
Levine — Yea
Maienschein — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
McCarty — Yea
Lopez — Yea
Medina — Yea
Melendez — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Wood — Yea
Frazier — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Arambula, Joaquin Democratic 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

Official roll call →

Do pass as amended.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Holden — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Bonilla — Yea
Daly — Yea
McCarty — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Runner — Not Voting
Hill — Yea
Hueso — Yea
Huff — Yea
Beall — Yea
Block — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Wolk — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

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
Lara — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Beall — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Bates — Not Voting
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 1040 do?
Existing law regulates adoption services by the State Department of Social Services, county adoption agencies, licensed adoption agencies, and other adoption service providers and requires the department to adopt regulations pertaining to those services. Existing law makes it a misdemeanor for a parent of a minor to willfully omit, without lawful excuse, to furnish necessary clothing, food, shelter, or medical attendance, or other remedial care for his or her child. Existing law makes it a crime for a parent of a child under 14 years of age, and a person to whom the child has been confided for nurture or education, to desert the child in any place with intent to abandon the child, as specified. Existing law makes it a misdemeanor for a parent or organization, without holding a valid and unrevoked license to place children for adoption, to advertise in a public medium, as specified, that he, she, or it will place children for adoption, or accept, supply, provide, or obtain children for adoption, or to cause an advertisement to be published in or by a public medium soliciting, requesting, or asking for a child or children for adoption. This bill would require the State Department of Social Services, in consultation with specified individuals and entities, to establish a working group to review the challenges facing families with adopted children, to identify resources within the community that will assist families with these challenges, and to make recommendations to the Legislature as to the services that may be helpful to these families. The bill would require the working group to meet no later than April 1, 2017, and would require the working group's recommendations to be submitted in a report to the appropriate policy committees of the Legislature on or before April 1, 2018.
Who sponsors SB 1040?
SB 1040 is sponsored by Hill and Mullin.
What is the current status of SB 1040?
This bill died with 2015-2016 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 SB 1040?
Track SB 1040 free on One Click Politics — get push/email alerts when it moves.

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