California 2009-2010 Regular Session Status: Passed Assembly

AB 1763 — In-home supportive services.

Last action — Died on Senate inactive file.

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  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. 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 requires that criminal background checks be conducted for prospective and existing IHSS providers. Under existing law, if an applicant or provider is rejected as a result of information in a criminal background report, the applicant or provider shall receive a copy of the report to review the information for accuracy and completeness. Existing law requires the applicant or provider to be advised of his or her right to submit a formal challenge, as specified, if the applicant or provider finds information in the report to be inaccurate or incomplete. This bill would revise the above provisions, including deleting the individual's right to formally challenge the information in the criminal record report, and to waive specified fees associated with obtain a copy of the report. This bill would specify that an individual's criminal offender record information search response shall not be made available to any other individual, and requiring a public authority or nonprofit consortium to provide thee information in such a manner as to protect the confidentiality and privacy of the individual that is the subject of the information. The bill would require the public authority or nonprofit consortium to retain a copy of each individual's criminal offender record search response, and record the dates that copies of the response were provided to the individual and the department. To the extent that these procedures would impose additional duties on counties administering the IHSS program, this bill would create a state-mandated local program. This bill, with respect to a person who seeks to become an IHSS provider and who is not listed on a registry, would permit 2 or more adjacent or contiguous counties, or public authorities or nonprofit consortia within those counties, to agree to designate one county, public authority, or nonprofit consortium to send fingerprints to the Department of Justice for a criminal background check, to receive responses from the Department of Justice, and to maintain common lists of persons eligible for employment, as prescribed. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on Senate inactive file.

  2. To inactive file on motion of Senator Liu.

  3. Read second time and amended. Ordered to third reading.

  4. From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).

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

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

  7. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 29).

  8. From committee: Do pass, and re-refer to Com. on PUB. S. Re-referred. (Ayes 4. Noes 0.) (June 22).

  9. Referred to Coms. on HUMAN S. and PUB. S.

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

  11. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 54. Noes 22. Page 5583.)

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

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

  15. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 0.) (April 13).

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

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

  18. Referred to Com. on HUM. S.

  19. From printer. May be heard in committee March 12.

  20. Read first time. To print.

Sponsors

  • Lieu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Lieu

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

Do pass as amended.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Leno — Yea
Corbett — Yea
Price — Yea
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
Walters — Nay
Wolk — Yea
Wyland — Nay
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Kehoe — Yea
Corbett — Yea
Leno — Yea
Ashburn — Yea
Price — Yea
Alquist — Yea
Walters — Not Voting
Wolk — Yea
Emmerson — Yea

Official roll call →

AB 1763 LIEU Third Reading Urgency

Passed 63 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 592204
Republican 1101
Democratic 3000
Total 632305
% of votes cast 69%25%0%5%
How each member voted (91)
Member Party Vote
Hagman — Nay
A. — Yea
Perez — Yea
Bill — Nay
Fletcher — Nay
Tom — Not Voting
Salas — Not Voting
Audra — Not Voting
Conway — Nay
Fuller — Nay
Gilmore — Nay
Knight — Nay
Logue — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Hall — Yea
Charles — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
John — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Adams — Yea
Anderson — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Mendoza — Yea
Miller — Nay
Nestande — Yea
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Yea
Feuer — Yea
DeVore — Nay
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
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 Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Harkey — Nay
Charles — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Miller — Nay
Monning — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Bradford — Yea
Nielsen — Nay
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 1763 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. 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 requires that criminal background checks be conducted for prospective and existing IHSS providers. Under existing law, if an applicant or provider is rejected as a result of information in a criminal background report, the applicant or provider shall receive a copy of the report to review the information for accuracy and completeness. Existing law requires the applicant or provider to be advised of his or her right to submit a formal challenge, as specified, if the applicant or provider finds information in the report to be inaccurate or incomplete. This bill would revise the above provisions, including deleting the individual's right to formally challenge the information in the criminal record report, and to waive specified fees associated with obtain a copy of the report. This bill would specify that an individual's criminal offender record information search response shall not be made available to any other individual, and requiring a public authority or nonprofit consortium to provide thee information in such a manner as to protect the confidentiality and privacy of the individual that is the subject of the information. The bill would require the public authority or nonprofit consortium to retain a copy of each individual's criminal offender record search response, and record the dates that copies of the response were provided to the individual and the department. To the extent that these procedures would impose additional duties on counties administering the IHSS program, this bill would create a state-mandated local program. This bill, with respect to a person who seeks to become an IHSS provider and who is not listed on a registry, would permit 2 or more adjacent or contiguous counties, or public authorities or nonprofit consortia within those counties, to agree to designate one county, public authority, or nonprofit consortium to send fingerprints to the Department of Justice for a criminal background check, to receive responses from the Department of Justice, and to maintain common lists of persons eligible for employment, as prescribed. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1763?
AB 1763 is sponsored by Lieu.
What is the current status of AB 1763?
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 1763?
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