California 2009-2010 Regular Session Status: To Executive

SB 289 — Hospitals: seismic safety.

Last action — Died on file.

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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 2009-2010 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides for the licensure of health facilities, including general acute care hospitals, by the State Department of Public Health. This bill would require an individual or entity, that seeks initial approval to operate or manage a general acute care hospital, to file with the department, and provide to other specified entities, a statement that describes the plan for the hospital to comply with the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, as specified. This bill would also require a person, political subdivision of the state, or governmental agency desiring a license for a general acute care hospital, to file with the department a statement that it has complied with the requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 and has received approval pursuant to that act. The bill would prohibit the department from issuing the license until this requirement is satisfied. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law authorizes the office to assess an application fee for the review of facilities design and construction, and requires that full and complete plans be submitted to the office for review and approval. Existing law requires that, after January 1, 2008, any general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life be used only for nonacute care hospital purposes, except that the office may grant a 5-year extension of that deadline, under prescribed circumstances, for both structural and nonstructural requirements. Existing law also authorizes the office to grant an additional extension if the hospital building meets designated criteria, including appropriately retrofitting the facility, as specified. This bill would, among other things, revise the conditions that a hospital owner would be required to meet in order for the office to grant an additional extension. This bill would authorize the department to revoke the extension if the construction is abandoned or suspended for at least 6 months, except as specified. This bill would authorize the office to grant a 3-year extension of the 5-year extension in lieu of the previously described additional extension under specified conditions. It would require a hospital owner that applies for an extension authorized pursuant to this bill to pay to the office a fee for reporting requirements for this extension. Because all fees paid to the office are deposited into the continuously appropriated Hospital Building Fund, the bill would make an appropriation. This bill would provide that the 3-year extension provisions proposed to be added by this bill would not become operative if both this bill and SB 608 are enacted, both bills add Section 130064 to the Health and Safety Code, and SB 608 is chaptered last. This bill would require a hospital that has an SPC-1 building to post a specified sign at all public entrances to the building and certify to the office that it has complied with specified requirements. It would also subject a hospital, that fails to post pursuant to the requirement, to civil penalties. This bill would incorporate additional changes in Section 130064 of the Health and Safety Code, as proposed by SB 608, that would become operative only if SB 608 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. To Governor at 11:30 a.m.

  5. Correctly enrolled. Held at Desk pursuant to Joint Rule 57.

  6. Senate concurs in Assembly amendments. (Ayes 33. Noes 2. Page 5005.) To enrollment.

  7. In Senate. To unfinished business.

  8. Read third time. Passed. (Ayes 67. Noes 3. Page 6799.) To Senate.

  9. Read second time. To third reading.

  10. (Heard in committee on August 25.)

  11. From committee: Do pass. (Ayes 14. Noes 1.)

  12. Joint Rule 62(a) file notice suspended. (Page 6624.)

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  14. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  15. Re-referred to Com. On HEALTH pursuant to Assembly Rule 77.2.

  16. Read third time. Amended. (Page 6256.) To third reading.

  17. From inactive file to third reading file.

  18. Notice of motion to remove from inactive file given by Assembly Member Charles Calderon.

  19. Placed on inactive file on request of Assembly Member Torrico.

  20. From Consent Calendar to third reading.

  21. Read second time. To Consent Calendar.

  22. (Heard in committee on August 19.)

  23. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  24. (Heard in committee on July 7.)

  25. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 18. Noes 0.) Re-referred to Com. on APPR.

  26. To Com. on HEALTH.

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

  28. Read third time. Passed. (Ayes 36. Noes 0. Page 828.) To Assembly.

  29. To Special Consent Calendar.

  30. Read second time. To third reading.

  31. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  32. Set for hearing May 4.

  33. Read second time. Amended. Re-referred to Com. on APPR.

  34. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 556.)

  35. Set for hearing April 15.

  36. To Com. on HEALTH.

  37. From print. May be acted upon on or after March 27.

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

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ducheny

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.

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

Unfinished Business SB289 Ducheny

Passed 34 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32203
Republican 1000
Democratic 1001
Total 34204
% of votes cast 85%5%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Romero — Nay
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Blakeslee — Not Voting
Harman — Yea
Leno — Nay
McLeod — Yea
Oropeza — Not Voting
Simitian — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 289 Ducheny Senate Third Reading By FLETCHER

Passed 79 Yea · 3 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 74307
Democratic 3000
Republican 2001
Total 79308
% of votes cast 88%3%0%9%
How each member voted (90)
Member Party Vote
Evans — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Coto — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Gilmore — Not Voting
Bradford — Not Voting
Lieu — Nay
Ma — Not Voting
Norby — Not Voting
Ruskin — Not Voting
Silva — Yea
Skinner — Yea
Solorio — Not Voting
Torlakson — Not Voting
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Nay
Bass — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Mendoza — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Nay
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 21 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 20102
Republican 1001
Total 21103
% of votes cast 84%4%0%12%
How each member voted (25)
Member Party Vote
Carter — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Conway — Yea
Hayashi — Not Voting
Hernandez — Yea
Monning — Yea
Smyth — Not Voting
Ammiano — Nay
Nava — Yea
Eng — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
Hall — Yea
De — Yea
Leon — Yea
Hill — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Miller — Yea
Coto — Yea
Duvall — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Skinner — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

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

Passed 25 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23001
Republican 2000
Total 25001
% of votes cast 96%0%0%4%
How each member voted (26)
Member Party Vote
Carter — Yea
Conway — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Hall — Not Voting
Hayashi — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Hernandez — Yea
Nava — Yea
Emmerson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #3 SB289 Ducheny

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2001
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Corbett — Yea
Ducheny — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Negrete — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Runner — Yea
Cedillo — Not Voting
Romero — Yea
Simitian — Not Voting
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Wolk — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 289 do?
Existing law provides for the licensure of health facilities, including general acute care hospitals, by the State Department of Public Health. This bill would require an individual or entity, that seeks initial approval to operate or manage a general acute care hospital, to file with the department, and provide to other specified entities, a statement that describes the plan for the hospital to comply with the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, as specified. This bill would also require a person, political subdivision of the state, or governmental agency desiring a license for a general acute care hospital, to file with the department a statement that it has complied with the requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 and has received approval pursuant to that act. The bill would prohibit the department from issuing the license until this requirement is satisfied. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law authorizes the office to assess an application fee for the review of facilities design and construction, and requires that full and complete plans be submitted to the office for review and approval. Existing law requires that, after January 1, 2008, any general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life be used only for nonacute care hospital purposes, except that the office may grant a 5-year extension of that deadline, under prescribed circumstances, for both structural and nonstructural requirements. Existing law also authorizes the office to grant an additional extension if the hospital building meets designated criteria, including appropriately retrofitting the facility, as specified. This bill would, among other things, revise the conditions that a hospital owner would be required to meet in order for the office to grant an additional extension. This bill would authorize the department to revoke the extension if the construction is abandoned or suspended for at least 6 months, except as specified. This bill would authorize the office to grant a 3-year extension of the 5-year extension in lieu of the previously described additional extension under specified conditions. It would require a hospital owner that applies for an extension authorized pursuant to this bill to pay to the office a fee for reporting requirements for this extension. Because all fees paid to the office are deposited into the continuously appropriated Hospital Building Fund, the bill would make an appropriation. This bill would provide that the 3-year extension provisions proposed to be added by this bill would not become operative if both this bill and SB 608 are enacted, both bills add Section 130064 to the Health and Safety Code, and SB 608 is chaptered last. This bill would require a hospital that has an SPC-1 building to post a specified sign at all public entrances to the building and certify to the office that it has complied with specified requirements. It would also subject a hospital, that fails to post pursuant to the requirement, to civil penalties. This bill would incorporate additional changes in Section 130064 of the Health and Safety Code, as proposed by SB 608, that would become operative only if SB 608 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.
Who sponsors SB 289?
SB 289 is sponsored by Ducheny.
What is the current status of SB 289?
This bill died with 2009-2010 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 289?
Track SB 289 free on One Click Politics — get push/email alerts when it moves.

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