California 2009-2010 Regular Session Status: Enacted

AB 407 — Continuing care contracts: retirement communities: closure.

Last action — Chaptered by Secretary of State - Chapter 442, 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 80% · 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.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • 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 contains provisions relating to supervision of continuing care contracts, including requirements governing continuing care communities and contracts. Existing law requires the State Department of Social Services to regulate activity relating to continuing care contracts, and requires that continuing care retirement communities maintain an environment that enhances residents' independence and self-determination and in that regard imposes various requirements on a care provider. Existing law defines various terms for purposes of those contracts and requirements, and imposes specified civil and criminal penalties for violations of those provisions. This bill would define the term "permanent closure" for purposes of those provisions, to mean prescribed events that will cause the relocation of residents. This bill would impose various requirements on a provider with respect to the permanent closure of a continuing care retirement community facility, or a portion thereof, as specified, including providing 120 days' written notice to the department, and affected residents or designated representatives of these residents of the intended date of closure of a facility. The bill would require a provider, no less than 90 days prior to the permanent closure of a continuing care retirement community facility, or a portion thereof, to provide the department, affected residents and their representatives, and the local long-term care ombudsman program, with a written closure and relocation plan for the facility, containing specified information. The bill would require the department to monitor the implementation of the closure and relocation plan, as necessary, to ensure full compliance by the provider, and would prohibit a provider from taking any action to relocate a resident or to close the facility, until the plan has been prepared and submitted to the department by the provider and provided to the affected residents of the facility, the affected residents' designated representatives, and the local long-term care ombudsman program. The bill would also require the provider, in the case of a permanent closure, to offer the resident the choice of replacement housing, monetary compensation equal to the remaining value of the contract, or an alternative arrangement mutually agreed upon by the provider and the resident. Because this bill would change the definition of a crime, it would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 442, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3286.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 2316.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. To third reading.

  12. Ordered to Special Consent Calendar.

  13. Read second time. To third reading.

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

  15. Withdrawn from committee. Re-referred to Com. on APPR.

  16. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 0.) (June 9).

  17. Referred to Coms. on HUMAN S. and JUD.

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

  19. Read third time, passed, and to Senate. (Ayes 80. Noes 0. Page 1356.)

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 16. Noes 0.) (April 29).

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 14).

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

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

  27. Referred to Com. on HUM. S.

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

  29. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Beall · Primary
  • Portantino · Cosponsor
  • DeSaulnier · Cosponsor
  • Eng · Cosponsor
  • Price · Cosponsor
  • Torlakson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on

Sponsors (1)

  • Beall

Co-sponsors (6)

  • Alquist
  • Portantino
  • DeSaulnier
  • Eng
  • Price
  • Torlakson

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

AB 407 Beall Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83003
Republican 3000
Democratic 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Evans — Yea
Chesbro — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bill — Not Voting
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Duvall — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Conway — Yea
Cook — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB407 Beall By Alquist

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36002
Democratic 2000
Republican 1000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Corbett — Yea
Alquist — Yea
Benoit — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Not Voting
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Ducheny — Yea
Dutton — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Huff — Yea
Liu — Yea
Maldonado — Yea
Romero — Yea
Walters — Yea
Cedillo — Yea
Cox — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 407 BEALL Assembly Third Reading

Passed 92 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 84000
Democratic 5000
Republican 3000
Total 92000
% of votes cast 100%0%0%0%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Cook — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Duvall — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
La — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Galgiani — 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.

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
Duvall — Yea
Ammiano — Yea
Krekorian — Yea
Miller — Yea
Monning — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Harkey — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety housing civil-rights
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Frequently asked questions

What does AB 407 do?
Existing law contains provisions relating to supervision of continuing care contracts, including requirements governing continuing care communities and contracts. Existing law requires the State Department of Social Services to regulate activity relating to continuing care contracts, and requires that continuing care retirement communities maintain an environment that enhances residents' independence and self-determination and in that regard imposes various requirements on a care provider. Existing law defines various terms for purposes of those contracts and requirements, and imposes specified civil and criminal penalties for violations of those provisions. This bill would define the term "permanent closure" for purposes of those provisions, to mean prescribed events that will cause the relocation of residents. This bill would impose various requirements on a provider with respect to the permanent closure of a continuing care retirement community facility, or a portion thereof, as specified, including providing 120 days' written notice to the department, and affected residents or designated representatives of these residents of the intended date of closure of a facility. The bill would require a provider, no less than 90 days prior to the permanent closure of a continuing care retirement community facility, or a portion thereof, to provide the department, affected residents and their representatives, and the local long-term care ombudsman program, with a written closure and relocation plan for the facility, containing specified information. The bill would require the department to monitor the implementation of the closure and relocation plan, as necessary, to ensure full compliance by the provider, and would prohibit a provider from taking any action to relocate a resident or to close the facility, until the plan has been prepared and submitted to the department by the provider and provided to the affected residents of the facility, the affected residents' designated representatives, and the local long-term care ombudsman program. The bill would also require the provider, in the case of a permanent closure, to offer the resident the choice of replacement housing, monetary compensation equal to the remaining value of the contract, or an alternative arrangement mutually agreed upon by the provider and the resident. Because this bill would change the definition of a crime, it would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 407?
AB 407 is sponsored by Alquist, Beall, Portantino, DeSaulnier, Eng, Price, and Torlakson.
What is the current status of AB 407?
This bill has been enacted into law. Introduced February 23, 2009. Enacted.
Where can I track AB 407?
Track AB 407 free on One Click Politics — get push/email alerts when it moves.

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