California 2009-2010 Regular Session Status: Enacted 1 D cosponsors

AB 392 — Long-term health care facilities.

Last action — Chaptered by Secretary of State - Chapter 102, Statutes of 2009.

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

This bill has been enacted into law. Introduced February 23, 2009. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

Existing law provides for the licensure of long-term health care facilities by the State Department of Public Health. Under existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, the department may assess penalties for violation of prescribed state and federal requirements. Moneys collected as a result of the penalties imposed pursuant to these provisions are required to be deposited into either the State Health Facilities Citation Penalties Account or the Federal Health Facilities Citation Penalties Account, and used, upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities, including reimbursing residents for personal funds lost and costs associated with informational meetings. Existing law establishes the Office of the State Long-Term Care Ombudsman in the California Department of Aging. Under existing law, the office is responsible for, among other things, investigating and resolving complaints and concerns communicated by or on behalf of patients, residents, or clients of long-term care facilities, as defined. Existing law authorizes the California Department of Aging to allocate all federal and state funds for local ombudsman programs according to a specified distribution schedule. This bill would appropriate $1.6 million from the Federal Health Facilities Citation Penalties Account to the California Department of Aging for use in funding local ombudsman programs pursuant to the aforementioned distribution schedule, before the end of the 2009–10 fiscal year. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 102, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. In Assembly. To enrollment.

  5. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 33. Noes 3. Page 1757.)

  6. Read second time. To third reading.

  7. From committee: Do pass. (Ayes 10. Noes 0.) (July 13).

  8. In committee: Set, first hearing. Hearing canceled at the request of author.

  9. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (June 10).

  10. Referred to Com. on HEALTH.

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

  12. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 72. Noes 0. Page 1458.)

  13. Read third time, amended, and returned to third reading. (Page 1363.).

  14. Read second time. To third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (April 29).

  17. Re-referred to Com. on APPR.

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

  19. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 13. Noes 0.) (April 14).

  20. Referred to Com. on HEALTH.

  21. From printer. May be heard in committee March 26.

  22. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Brownley · Cosponsor
  • Jones · Cosponsor
  • Feuer · Primary
  • Huffman · Cosponsor
  • Lieu · Cosponsor
  • Monning · Cosponsor
  • Nielsen · Cosponsor
  • Ruskin · Cosponsor
  • Skinner · Cosponsor
  • Josh Lowenthal · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 10 co-sponsors · 111 not signed on

Sponsors (1)

  • Feuer

Co-sponsors (10)

  • Alquist
  • Brownley
  • Jones
  • Huffman
  • Lieu
  • Monning
  • Nielsen
  • Ruskin
  • Skinner
  • Lowenthal, Josh Democratic

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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

Assembly 3rd Reading AB392 Feuer Urgency Clause

Passed 34 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32303
Democratic 1001
Republican 1000
Total 34304
% of votes cast 83%7%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Not Voting
Hancock — Yea
Harman — Yea
Hollingsworth — Nay
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Kehoe — Yea
Corbett — Yea
Ducheny — Yea
Alquist — Yea
Benoit — Not Voting
Dutton — Yea
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Maldonado — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10003
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Yee — Yea
Corbett — Yea
Hancock — Not Voting
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Wolk — Yea
Runner — Not Voting
Price — Yea
Walters — Yea
Wyland — Yea
Cox — Yea
Denham — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 10 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Republican 1000
Total 10101
% of votes cast 83%8%0%8%
How each member voted (12)
Member Party Vote
Cedillo — Yea
Negrete — Yea
Leno — Yea
McLeod — Yea
Pavley — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Maldonado — Yea
Cox — Yea
DeSaulnier — Yea
Strickland, Tony Republican Yea

Official roll call →

AB 392 FEUER Third Reading Urgency

Passed 84 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 76008
Democratic 5000
Republican 3000
Total 84008
% of votes cast 91%0%0%9%
How each member voted (92)
Member Party Vote
Hall — Not Voting
Adams — Yea
Anderson — Yea
Carter — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Blakeslee — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Gaines — Not Voting
Saldana — Not Voting
Fuentes — Not Voting
Ammiano — Not Voting
Bass — Not Voting
Smyth — Not Voting
Torres — Yea
Torrico — Yea
Villines — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
DeVore — Not Voting
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Harkey — Yea
Miller — Yea
Ammiano — Yea
Duvall — Yea
Nielsen — Yea
Price — Yea
Torlakson — Yea
Krekorian — Yea
Monning — Yea
Skinner — Yea
Solorio — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 18 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 15006
Republican 2000
Democratic 1000
Total 18006
% of votes cast 75%0%0%25%
How each member voted (24)
Member Party Vote
Carter — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Conway — Not Voting
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
Salas — Yea
Audra — Yea
Block — Not Voting
Nava — Not Voting
Adams — Yea
Ammiano — Not Voting
Emmerson — Not Voting
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 392 do?
Existing law provides for the licensure of long-term health care facilities by the State Department of Public Health. Under existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, the department may assess penalties for violation of prescribed state and federal requirements. Moneys collected as a result of the penalties imposed pursuant to these provisions are required to be deposited into either the State Health Facilities Citation Penalties Account or the Federal Health Facilities Citation Penalties Account, and used, upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities, including reimbursing residents for personal funds lost and costs associated with informational meetings. Existing law establishes the Office of the State Long-Term Care Ombudsman in the California Department of Aging. Under existing law, the office is responsible for, among other things, investigating and resolving complaints and concerns communicated by or on behalf of patients, residents, or clients of long-term care facilities, as defined. Existing law authorizes the California Department of Aging to allocate all federal and state funds for local ombudsman programs according to a specified distribution schedule. This bill would appropriate $1.6 million from the Federal Health Facilities Citation Penalties Account to the California Department of Aging for use in funding local ombudsman programs pursuant to the aforementioned distribution schedule, before the end of the 2009–10 fiscal year. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 392?
AB 392 is sponsored by Alquist, Brownley, Jones, Feuer, Huffman, Lieu, Monning, Nielsen, Ruskin, Skinner, and Lowenthal, Josh (Democratic).
What is the current status of AB 392?
This bill has been enacted into law. Introduced February 23, 2009. Enacted.
Where can I track AB 392?
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