California 2011-2012 Regular Session Status: To Executive

SB 408 — Health facilities: licensure.

Last action — Veto sustained.

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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 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 and regulation of health facilities administered by the State Department of Public Health. A violation of these provisions is a crime. Existing law requires those desiring a license for a health facility, approval for a specified special service, or approval to manage a specified type of licensed health facility, that have not filed an application for a license to operate that facility, to file with the department a verified application on forms prescribed and furnished by the department, containing specified information. Existing law provides that any requirement placed upon, or reference to, a corporation in the provisions regulating health facilities shall also apply to a limited liability company. This bill would require a new license application to be filed for a health facility, as defined, before there is a change of ownership, as defined, or a major change in ownership interest, as defined. This bill would also require a notice to be filed with the department at least 90 days prior to an anticipated change in ownership, a major change in ownership interest, or a change in control interest, as defined, for certain health facilities. This bill would, for a transaction that is a change in control interest, permit the department to require a new license application to be filed or withhold approval of the transaction, as prescribed. Existing law establishes the Internal Departmental Quality Improvement Account within the Special Deposit Fund, available upon appropriation by the Legislature, for internal quality improvement activities in the Licensing and Certification Program. This bill would require the department to assess an administrative penalty in the amount of $25,000 for each violation of these provisions and permit the licensee to request a specified hearing if the licensee disputes a determination by the department of a violation. This bill would provide that penalties collected pursuant to these provisions will be deposited in the Internal Departmental Quality Improvement Account. Because this bill expands 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. Veto sustained.

  2. Consideration of Governor's veto stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 3:30 p.m.

  6. Assembly amendments concurred in. (Ayes 22. Noes 15. Page 2335.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 48. Noes 28. Page 2791.) Ordered to the Senate.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 25).

  12. Set, first hearing. Referred to APPR. suspense file.

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

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 6.) (July 5).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  16. Referred to Com. on HEALTH.

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

  18. Read third time. Passed. (Ayes 25. Noes 15. Page 1239.) Ordered to the Assembly.

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

  20. From committee: Do pass as amended. (Ayes 6. Noes 2. Page 1116.) (May 26).

  21. Set for hearing May 26.

  22. Placed on APPR. suspense file.

  23. Set for hearing May 2.

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

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 580.) (April 6).

  26. Set for hearing April 6.

  27. Referred to Com. on HEALTH.

  28. From printer. May be acted upon on or after March 19.

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

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Hernandez

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 SB408 Hernandez Concurrence

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211402
Republican 0100
Democratic 1001
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Lowenthal — Yea
De León — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Wolk — Yea
Rubio — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Negrete McLeod — Not Voting
Huff — Nay
Leno — Yea
Anderson — Nay
Corbett — Yea
Correa — Nay
Dutton — Nay
Pavley — Yea
Walters — Not Voting
Wright — Yea
Alquist — Yea
Blakeslee — Nay
Harman — Nay
Kehoe — Yea
Liu — Yea
Steinberg — Yea
Vargas — Yea
Emmerson — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 408 Hernandez Senate Third Reading By BRADFORD

Passed 48 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 472604
Democratic 1000
Republican 0200
Total 482804
% of votes cast 60%35%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Gatto — Yea
Allen — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Blumenfield — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Campos — Yea
Garrick — Nay
Atkins — Yea
Gorell — Not Voting
Chesbro — Not Voting
Halderman — Nay
Hall — Yea
Fletcher — Nay
Harkey — Nay
Jeffries — Nay
Bonilla — Not Voting
Conway — Nay
Lara — Yea
Cook — Nay
Davis — Not Voting
Donnelly — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Torres — Yea
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hayashi — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Perea — Yea
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Yea
Harkey — Nay
Mitchell — Yea
Campos — Yea
Donnelly — Nay
Norby — Nay
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 13 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13600
Total 13600
% of votes cast 68%32%0%0%
How each member voted (19)
Member Party Vote
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Eng — Yea
Garrick — Nay
Gordon — Yea
Ammiano — Yea
Hayashi — Yea
Logue — Nay
Monning — Yea
Nestande — Nay
Pan — Yea
Silva — Nay
Williams — Yea
Mansoor — Nay
Smyth — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

3rd Reading

Passed 25 Yea · 15 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231400
Democratic 2000
Republican 0100
Total 251500
% of votes cast 63%38%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Dutton — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Runner — Nay
Harman — Nay
Blakeslee — Nay
Alquist — Yea
Anderson — Nay
Lieu — Yea
Price — Yea
Simitian — Yea
Walters — Nay
Wolk — Yea
Cannella — Nay
Wyland — Nay
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Nay
Lieu — Yea
Pavley — Yea
Walters — Nay
Alquist — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Lieu — Yea
Pavley — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

public-safety healthcare health-insurance
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Frequently asked questions

What does SB 408 do?
Existing law provides for the licensure and regulation of health facilities administered by the State Department of Public Health. A violation of these provisions is a crime. Existing law requires those desiring a license for a health facility, approval for a specified special service, or approval to manage a specified type of licensed health facility, that have not filed an application for a license to operate that facility, to file with the department a verified application on forms prescribed and furnished by the department, containing specified information. Existing law provides that any requirement placed upon, or reference to, a corporation in the provisions regulating health facilities shall also apply to a limited liability company. This bill would require a new license application to be filed for a health facility, as defined, before there is a change of ownership, as defined, or a major change in ownership interest, as defined. This bill would also require a notice to be filed with the department at least 90 days prior to an anticipated change in ownership, a major change in ownership interest, or a change in control interest, as defined, for certain health facilities. This bill would, for a transaction that is a change in control interest, permit the department to require a new license application to be filed or withhold approval of the transaction, as prescribed. Existing law establishes the Internal Departmental Quality Improvement Account within the Special Deposit Fund, available upon appropriation by the Legislature, for internal quality improvement activities in the Licensing and Certification Program. This bill would require the department to assess an administrative penalty in the amount of $25,000 for each violation of these provisions and permit the licensee to request a specified hearing if the licensee disputes a determination by the department of a violation. This bill would provide that penalties collected pursuant to these provisions will be deposited in the Internal Departmental Quality Improvement Account. Because this bill expands 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 SB 408?
SB 408 is sponsored by Hernandez.
What is the current status of SB 408?
This bill died with 2011-2012 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 408?
Track SB 408 free on One Click Politics — get push/email alerts when it moves.

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