California 2009-2010 Regular Session Status: Passed Assembly 2 D cosponsors

AB 682 — In-Home Supportive Services program: fraud.

Last action — From Senate committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Under existing law, the State Department of Social Services is vested with state administrative authority over the IHSS program. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law, upon request of a recipient of in-home supportive services, or a recipient of personal care services under the Medi-Cal program, authorizes the procurement of a criminal background check on certain provider applicants, pursuant to specified provisions. Existing legislation that will become effective on October 23, 2009, requires counties, public authorities, and nonprofit consortiums to complete criminal background checks of specified persons who seek to become supportive services providers. That legislation requires that the criminal background checks be conducted at the provider's expense. This bill would, instead, require that the criminal background checks be conducted at the provider's expense, unless the nonprofit consortium or public authority agrees to pay for the criminal background check in which case the department shall seek federal financial participation, to the extent possible, to cover costs associated with conducting the criminal background check. This bill would also incorporate changes to Section 12301.6 of the Welfare and Institutions Code proposed by AB 19 of the 2009–10 4th Extraordinary Session, to take effect if this bill and that bill are enacted and become effective on or before January 1, 2010, and this bill is enacted last.

Bill Text

Action History

  1. From Senate committee without further action.

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

  3. In committee: Held under submission.

  4. In committee: Placed on Appropriations suspense file.

  5. Read second time, amended, and re-referred to Com. on APPR.

  6. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 23).

  7. Referred to Com. on HUMAN S.

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

  9. Read third time, passed, and to Senate. (Ayes 49. Noes 28. Page 2046.)

  10. Read second time. To third reading.

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

  12. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. Re-referred to Com. on APPR.

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

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 14).

  19. Re-referred to Com. on HUM. S.

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

  21. Referred to Com. on HUM. S.

  22. From printer. May be heard in committee March 30.

  23. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Beall · Cosponsor
  • Brownley · Cosponsor
  • De Leon · Cosponsor
  • Portantino · Cosponsor
  • DeSaulnier · Cosponsor
  • Galgiani · Cosponsor
  • Price · Cosponsor
  • Mike Fong · Cosponsor
  • Josh Lowenthal · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (9)

  • Alquist
  • Beall
  • Brownley
  • De Leon
  • Portantino
  • DeSaulnier
  • Galgiani
  • Price
  • Fong, Mike Democratic

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

Placed on Appropriations Suspense file.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Leno — Yea
Corbett — Yea
Wolk — Yea
Kehoe — Yea
Oropeza — Not Voting
Price — Yea
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 682 LOWENTHAL Assembly Third Reading

Passed 58 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 542903
Democratic 3000
Republican 1200
Total 583103
% of votes cast 63%34%0%3%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Bill — Nay
Tom — Nay
Huffman — Yea
Lieu — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Ma — Yea
Monning — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Fletcher — Nay
Audra — Nay
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Cook — Not Voting
Jeffries — Nay
Knight — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Nava — Yea
Nielsen — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Not Voting
Fuller — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Republican 0100
Democratic 1000
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Duvall — Nay
Hall — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Charles — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Krekorian — Yea
Price — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 682 do?
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Under existing law, the State Department of Social Services is vested with state administrative authority over the IHSS program. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law, upon request of a recipient of in-home supportive services, or a recipient of personal care services under the Medi-Cal program, authorizes the procurement of a criminal background check on certain provider applicants, pursuant to specified provisions. Existing legislation that will become effective on October 23, 2009, requires counties, public authorities, and nonprofit consortiums to complete criminal background checks of specified persons who seek to become supportive services providers. That legislation requires that the criminal background checks be conducted at the provider's expense. This bill would, instead, require that the criminal background checks be conducted at the provider's expense, unless the nonprofit consortium or public authority agrees to pay for the criminal background check in which case the department shall seek federal financial participation, to the extent possible, to cover costs associated with conducting the criminal background check. This bill would also incorporate changes to Section 12301.6 of the Welfare and Institutions Code proposed by AB 19 of the 2009–10 4th Extraordinary Session, to take effect if this bill and that bill are enacted and become effective on or before January 1, 2010, and this bill is enacted last.
Who sponsors AB 682?
AB 682 is sponsored by Alquist, Beall, Brownley, De Leon, Portantino, DeSaulnier, Galgiani, Price, Fong, Mike (Democratic), and Lowenthal, Josh (Democratic).
What is the current status of AB 682?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 AB 682?
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