SB 391: Common interest developments: emergency powers and procedures.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-09-23
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided.
This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if gathering in person is unsafe or impossible because the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided.
This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if gathering in person is unsafe or impossible because the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided.
This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if gathering in person is unsafe or impossible because the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided.
This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided.
This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law defines a board meeting as a congregation, as provided, or a teleconference, as provided. Existing law requires, among other things, a board meeting held by teleconference to identify at least one physical location so that members of the association may attend, except as provided.
This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if the common interest development is in an area affected by a federal, state, or local emergency. The bill would also make a conforming change.
This bill would declare that it is to take effect immediately as an urgency statute.
Board meeting means either of the following:
(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
SEC. 2.Article 11 (commencing with Section 5450) is added to Chapter 6 of Part 5 of Division 4 of the Civil Code, to read:11.Emergency Powers and Procedures5450.(a)This section only applies to a common interest development if gathering in person is unsafe or impossible because the common interest development is in an area affected by one or more of the following conditions:
(1)A state of disaster or emergency declared by the federal government.
(2)A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)Notwithstanding any other law or the associations governing documents, and except as provided in subdivision (d), a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery.
(2)The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)Clear technical instructions on how to participate by teleconference.
(B)The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(3)Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)Any vote of the directors shall be conducted by a roll call vote.
(5)Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(c)If, as a result of the disaster or emergency, mail delivery or retrieval is not possible at any association onsite address and the address on file with the association for that member is the same association onsite address, then the association shall send the notice of the first meeting referenced in paragraph (1) of subdivision (b) to any email address provided to the association by that member, in writing, pursuant to paragraph (2) of subdivision (a) of Section 4040 or subdivision (b) of Section 4041.
(d)Subdivision (b) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120, unless both of the following conditions are met:
(1)The meeting at which ballots are to be counted and tabulated is conducted by video conference.
(2)The camera is placed in a location such that members can witness the inspector of elections counting and tabulating the votes.
(e)The remedies available pursuant to Section 4955 shall also be available to address violations of this section.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize common interest developments in an area affected by a disaster or emergency to safely hold board meetings as quickly as possible, it is necessary that this act go into effect immediately.
Board meeting means either of the following:
(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
SEC. 2.Article 11 (commencing with Section 5450) is added to Chapter 6 of Part 5 of Division 4 of the Civil Code, to read:11.Emergency Powers and Procedures5450.(a)This section only applies to a common interest development if gathering in person is unsafe or impossible because the common interest development is in an area affected by one or more of the following conditions:
(1)A state of disaster or emergency declared by the federal government.
(2)A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)Notwithstanding any other law or the associations governing documents, and except as provided in subdivision (d), a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery.
(2)The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)Clear technical instructions on how to participate by teleconference.
(B)The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(3)Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)Any vote of the directors shall be conducted by a roll call vote.
(5)Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(c)If, as a result of the disaster or emergency, mail delivery or retrieval is not possible at any association onsite address and the address on file with the association for that member is the same association onsite address, then the association shall send the notice of the first meeting referenced in paragraph (1) of subdivision (b) to any email address provided to the association by that member, in writing, pursuant to paragraph (2) of subdivision (a) of Section 4040 or subdivision (b) of Section 4041.
(d)Subdivision (b) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120, unless both of the following conditions are met:
(1)The meeting at which ballots are to be counted and tabulated is conducted by video conference.
(2)The camera is placed in a location such that members can witness the inspector of elections counting and tabulating the votes.
(e)The remedies available pursuant to Section 4955 shall also be available to address violations of this section.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize common interest developments in an area affected by a disaster or emergency to safely hold board meetings as quickly as possible, it is necessary that this act go into effect immediately.
Board meeting means either of the following:
(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
SEC. 2.Article 11 (commencing with Section 5450) is added to Chapter 6 of Part 5 of Division 4 of the Civil Code, to read:11.Emergency Powers and Procedures5450.(a)This section only applies to a common interest development that if gathering in person is unsafe or impossible because the common interest development is in an area affected by one or more of the following conditions:
(1)A state of disaster or emergency declared by the federal government.
(2)A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)Notwithstanding any other law or the associations governing documents, and except as provided in subdivision (d), a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery.
(2)The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)Clear technical instructions on how to participate by teleconference.
(B)The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(3)Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)Any vote of the directors shall be conducted by a roll call vote.
(5)Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(c)If, as a result of the disaster or emergency, mail delivery or retrieval is not possible at any association onsite address and the address on file with the association for that member is the same association onsite address, then the association shall send the notice of the first meeting referenced in paragraph (1) of subdivision (b) to any email address provided to the association by that member, in writing, pursuant to paragraph 2 (2) of subdivision (a) of Section 4040 or subdivision (b) of Section 4041.
(d)Subdivision (b) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120, unless all both of the following conditions are met:
(1)The declared or proclaimed disaster or emergency makes it unsafe or impossible for people to gather in person in order to count and tabulate ballots.(2)(1)The meeting at which ballots are to be counted and tabulated is conducted by video conference.
(3)(2)The camera is placed in a location such that members can witness the inspector of elections counting and tabulating the votes.
(e)The remedies available pursuant to Section 4955 shall also be available to address violations of this section.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize common interest developments in an area affected by a disaster or emergency to safely hold board meetings as quickly as possible, it is necessary that this act go into effect immediately.
Board meeting means either of the following:
(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
SEC. 2.Article 11 (commencing with Section 5450) is added to Chapter 6 of Part 5 of Division 4 of the Civil Code, to read:11.Emergency Powers and Procedures5450.(a)This section only applies to a common interest development that is in an area affected by one or more of the following conditions:
(1)A state of disaster or emergency declared by the federal government.
(2)A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)Notwithstanding any other law or the associations governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery.
(2)The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)Clear technical instructions on how to participate by teleconference.
(B)The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(3)Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)Any vote of the directors shall be conducted by a roll call vote.
(5)Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(c)If the association has reason to believe the disaster or emergency will prevent any member from receiving a notice at the address in the associations records, the association shall take all reasonable steps to provide each of those members with notice of the meeting through alternative means.(c)If, as a result of the disaster or emergency, mail delivery or retrieval is not possible at any association onsite address and the address on file with the association for that member is the same association onsite address, then the association shall send the notice of the first meeting referenced in paragraph (1) of subdivision (b) to any email address provided to the association by that member, in writing, pursuant to paragraph 2 of subdivision (a) of Section 4040 or subdivision (b) of Section 4041.
(d)Subdivision (b) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120, unless all of the following conditions are met:
(1)The declared or proclaimed disaster or emergency makes it unsafe or impossible for people to gather in person in order to count and tabulate ballots.
(2)The meeting at which ballots are to be counted and tabulated is conducted by video conference.
(3)The camera is placed in a location such that members can witness the inspector of elections counting and tabulating the votes.
(e)The remedies available pursuant to Section 4955 shall also be available to address violations of this section.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize common interest developments in an area affected by a disaster or emergency to safely hold board meetings as quickly as possible, it is necessary that this act go into effect immediately.
REVISIONS: HeadingLine 2.Board meeting means either of the following:
(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
SEC. 2.Article 11 (commencing with Section 5450) is added to Chapter 6 of Part 5 of Division 4 of the Civil Code, to read:11.Emergency Powers and Procedures5450.(a)This section only applies to a common interest development that is in an area affected by one or more of the following conditions:
(1)A state of disaster or emergency declared by the federal government.
(2)A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)Notwithstanding any other law or the associations governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)The meeting notice provides clear technical instructions on how to participate by teleconference.(2)The meeting notice provides the telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.(1)Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery.
(2)The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)Clear technical instructions on how to participate by teleconference.
(B)The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(3)Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)Any vote of the directors shall be conducted by a roll call vote.
(5)Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(c)If the association has reason to believe the disaster or emergency will prevent any member from receiving a notice at the address in the associations records, the association shall take all reasonable steps to provide each of those members with notice of the meeting through alternative means.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize common interest developments in an area affected by a disaster or emergency to safely hold board meetings as quickly as possible, it is necessary that this act go into effect immediately.
Board meeting means either of the following:
(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session, session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
SEC. 2.Article 11 (commencing with Section 5450) is added to Chapter 6 of Part 5 of Division 4 of the Civil Code, to read:11.Emergency Powers and Procedures5450.(a)This section only applies to a common interest development that is in an area affected by one or more of the following conditions:
(1)A state of disaster or emergency declared by the federal government.
(2)A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)Notwithstanding any other law or the associations governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)The meeting notice provides clear technical instructions on how to participate by teleconference.
(2)The meeting notice provides the telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(3)Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)Any vote of the directors shall be conducted by a roll call vote.
(5)Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize common interest developments to safely hold board meetings as quickly as possible, it is necessary that this act go into effect immediately.
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Date
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Status
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|---|---|
| Sep 23, 2021 | Chaptered by Secretary of State. Chapter 276, Statutes of 2021. |
| Sep 23, 2021 | Approved by the Governor. |
| Aug 30, 2021 | Enrolled and presented to the Governor at 1 p.m. |
| Aug 16, 2021 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2037.) Ordered to engrossing and enrolling. |
| Jul 12, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 12, 2021 | Read third time. Urgency clause adopted. Passed. (Ayes 71. Noes 0. Page 2309.) Ordered to the Senate. |
| Jul 8, 2021 | Read third time and amended. |
| Jun 23, 2021 | Read second time. Ordered to third reading. |
| Jun 22, 2021 | Coauthors revised. |
| Jun 9, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 8). Re-referred to Com. on JUD. |
| May 13, 2021 | Referred to Coms. on H. & C.D. and JUD. |
| Apr 29, 2021 | In Assembly. Read first time. Held at Desk. |
| Apr 29, 2021 | Read third time. Urgency clause adopted. Passed. (Ayes 35. Noes 1. Page 970.) Ordered to the Assembly. |
| Apr 13, 2021 | Read second time and amended. Ordered to third reading. |
| Apr 12, 2021 | From committee: Do pass as amended. (Ayes 10. Noes 1. Page 686.) (April 6). |
| Mar 25, 2021 | Set for hearing April 6. |
| Mar 22, 2021 | Read second time and amended. Re-referred to Com. on JUD. |
| Mar 18, 2021 | From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 0. Page 553.) (March 18). |
| Mar 2, 2021 | Set for hearing March 18. |
| Feb 25, 2021 | Referred to Coms. on HOUSING and JUD. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 12, 2021 | From printer. May be acted upon on or after March 14. |
| Feb 11, 2021 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 16, 2021 | Unfinished Business SB391 Min et al. Urgency Clause Concurrence | Senate Floor |
Passed |
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| Jul 12, 2021 | SB 391 Min Third Reading Urgency By Davies | Assembly Floor |
Passed |
|
| Apr 29, 2021 | Senate 3rd Reading SB391 Min Urgency Clause | Senate Floor |
Passed |
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Bill Author
Bill Co-Author(s):
