California 2013-2014 Regular Session Status: Enacted

AB 1751 — Continuing care retirement communities.

Last action — Chaptered by Secretary of State - Chapter 699, Statutes of 2014.

  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 14, 2014. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 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

(1) Existing law provides for the regulation by the State Department of Social Services of activities relating to continuing care contracts that govern care provided to an elderly resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year. Existing law declares the Legislature's finding that the residents of continuing care retirement communities have a unique and valuable perspective on the operations of, and services provided in, the community in which they live and should have input into decisions made by the provider. Existing law requires every continuing care retirement community provider to make available to the resident association or its governing body, or if neither exists, to a committee of residents, a financial statement of activities for that facility comparing actual costs to budgeted costs broken down by expense category, not less than semiannually. Existing law also requires a provider to provide a copy of the annual report at a central and conspicuous location in the community. Under existing law, an entity that issues, delivers, or publishes, or as manager or officer or in any other administrative capacity, assists in the issuance, delivery, or publication of, any printed matter, oral representation, or advertising material that does not comply with the requirements of the law relating to continuing care contracts is guilty of a misdemeanor. This bill would instead require the financial statement to be provided not less than quarterly, and would require it to include a written explanation of all significant budget variances. This bill would additionally require a provider to make a copy of the annual report available on its Internet Web site. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law requires the governing body of a provider that is not part of a multifacility organization with more than one continuing care retirement community in the state to accept at least one resident of the continuing care retirement community it operates to participate as a nonvoting resident representative to the governing body. Existing law requires the governing body of a multifacility organization to either have at least one nonvoting resident representative to the provider's governing body for each California-based continuing care retirement community the provider operates or to have a resident-elected committee composed of representatives of the residents of each California-based continuing care retirement community that the provider operates select or nominate at least one nonvoting resident representative to the provider's governing body for every 3 California-based continuing care retirement communities, or fraction thereof, that the provider operates. This bill would additionally require the governing body of all providers to accept at least one resident, or 2 residents for a governing body with 21 or more members, from the continuing care retirement community or communities it operates to participate as voting members of the provider's governing body, and would make other technical and conforming changes. The bill would require a resident member to be nominated to participate on the provider's governing body by the resident association or, if a resident association does not exist, a committee of residents, and would authorize the resident association or committee of residents to nominate multiple nominees from which the provider's governing body may approve a resident member. If the governing body disapproves of the resident association's nominations, the bill would require the resident association or committee of residents to nominate additional resident members until the vacancy is filled. This bill would authorize a provider that has at least one continuing care retirement community in the state and does not have a governing body within the state to, in lieu of appointing a resident to be a voting member of its governing body, appoint a select committee of its governing body members to meet with the resident association or a resident elected committee of residents, as specified, no less frequently than at a reasonable period prior to any regularly scheduled meeting of the governing body at each of its facilities in the state to address concerns of the residents and to ensure that the opinions of residents are relayed to all governing body members of the provider. The bill would also provide for alternative representation options for a provider that is a sole proprietorship, general partnership, limited partnership, limited liability company, or a closely held corporation in lieu of appointing a resident as a voting member of the provider's governing body, as specified. (3) 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 699, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 23. Page 6399.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 23 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 6. Page 4716.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 24). Re-referred to Com. on APPR.

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

  13. Referred to Com. on HUMAN S.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 23. Page 5224.)

  16. Read third time and amended. Ordered to third reading. (Page 5092.)

  17. Read second time. Ordered to third reading.

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

  19. From committee: Do pass as amended. (Ayes 11. Noes 5.) (April 30).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 1). Re-referred to Com. on APPR.

  21. Re-referred to Com. on AGING & L.T.C.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

  23. Referred to Com. on AGING & L.T.C.

  24. From printer. May be heard in committee March 20.

  25. Read first time. To print.

Sponsors

  • Bloom · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Bloom

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

AB 1751 BLOOM Concurrence in Senate Amendments

Passed 55 Yea · 23 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 512001
Democratic 4000
Republican 0300
Total 552301
% of votes cast 70%29%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Nay
Logue — Nay
Maienschein — Nay
Mansoor — Nay
Nestande — Nay
Pan — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Waldron — Nay
Wilk — Nay
Lowenthal — Yea
Garcia — Yea
Fox — Yea
Gray — Yea
Atkins — Yea
Gatto — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hagman — Nay
Harkey — Nay
Jones-Sawyer — Yea
Bocanegra — Yea
Levine — Yea
John A. Pérez — Yea
Salas — Yea
Medina — Yea
Allen — Nay
Ammiano — Yea
Chesbro — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Gorell — Not Voting
Chávez — Nay
Melendez — Nay
Conway — Nay
Donnelly — Nay
Wagner — Nay
Frazier — Yea
Yamada — Yea
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1751 Bloom By Beall

Passed 26 Yea · 6 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 24607
Democratic 2001
Total 26608
% of votes cast 65%15%0%20%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hueso — Yea
Knight — Nay
Leno — Yea
Liu — Yea
Morrell — Nay
Pavley — Yea
Torres — Yea
Walters — Not Voting
Wright — Not Voting
Correa — Yea
Evans — Yea
Hernandez — Yea
Mitchell — Yea
Wyland — Not Voting
De León — Yea
Cannella — Yea
Corbett — Yea
Galgiani — Not Voting
Hancock — Yea
Hill — Yea
Huff — Nay
Lara — Not Voting
Lieu — Yea
Monning — Yea
Nielsen — Nay
Roth — Yea
Steinberg — Yea
Vidak — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1751 BLOOM Assembly Third Reading

Passed 52 Yea · 23 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 482004
Democratic 4000
Republican 0300
Total 522304
% of votes cast 66%29%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Nestande — Nay
Pan — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Wilk — Nay
Lowenthal — Yea
Garcia — Yea
Gatto — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Campos — Yea
Chesbro — Yea
Bonilla — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Medina — Yea
Bocanegra — Yea
Mullin — Yea
John A. Pérez — Yea
Salas — Yea
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Wieckowski — Yea
Williams — Yea
Allen — Nay
Gordon — Not Voting
Chau — Yea
Gorell — Nay
Hagman — Nay
Harkey — Nay
Chávez — Nay
Conway — Nay
Bigelow — Nay
Cooley — Not Voting
Donnelly — Not Voting
Logue — Nay
Maienschein — Nay
Melendez — Nay
Olsen — Nay
Wagner — Nay
Waldron — Nay
Weber — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10401
Democratic 1000
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Pan — Not Voting
Ridley-Thomas — Yea
Gomez — Yea
Campos — Yea
Bocanegra — Yea
Holden — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Quirk — Yea
Wagner — Nay
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety housing civil-rights labor
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Frequently asked questions

What does AB 1751 do?
(1) Existing law provides for the regulation by the State Department of Social Services of activities relating to continuing care contracts that govern care provided to an elderly resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year. Existing law declares the Legislature's finding that the residents of continuing care retirement communities have a unique and valuable perspective on the operations of, and services provided in, the community in which they live and should have input into decisions made by the provider. Existing law requires every continuing care retirement community provider to make available to the resident association or its governing body, or if neither exists, to a committee of residents, a financial statement of activities for that facility comparing actual costs to budgeted costs broken down by expense category, not less than semiannually. Existing law also requires a provider to provide a copy of the annual report at a central and conspicuous location in the community. Under existing law, an entity that issues, delivers, or publishes, or as manager or officer or in any other administrative capacity, assists in the issuance, delivery, or publication of, any printed matter, oral representation, or advertising material that does not comply with the requirements of the law relating to continuing care contracts is guilty of a misdemeanor. This bill would instead require the financial statement to be provided not less than quarterly, and would require it to include a written explanation of all significant budget variances. This bill would additionally require a provider to make a copy of the annual report available on its Internet Web site. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law requires the governing body of a provider that is not part of a multifacility organization with more than one continuing care retirement community in the state to accept at least one resident of the continuing care retirement community it operates to participate as a nonvoting resident representative to the governing body. Existing law requires the governing body of a multifacility organization to either have at least one nonvoting resident representative to the provider's governing body for each California-based continuing care retirement community the provider operates or to have a resident-elected committee composed of representatives of the residents of each California-based continuing care retirement community that the provider operates select or nominate at least one nonvoting resident representative to the provider's governing body for every 3 California-based continuing care retirement communities, or fraction thereof, that the provider operates. This bill would additionally require the governing body of all providers to accept at least one resident, or 2 residents for a governing body with 21 or more members, from the continuing care retirement community or communities it operates to participate as voting members of the provider's governing body, and would make other technical and conforming changes. The bill would require a resident member to be nominated to participate on the provider's governing body by the resident association or, if a resident association does not exist, a committee of residents, and would authorize the resident association or committee of residents to nominate multiple nominees from which the provider's governing body may approve a resident member. If the governing body disapproves of the resident association's nominations, the bill would require the resident association or committee of residents to nominate additional resident members until the vacancy is filled. This bill would authorize a provider that has at least one continuing care retirement community in the state and does not have a governing body within the state to, in lieu of appointing a resident to be a voting member of its governing body, appoint a select committee of its governing body members to meet with the resident association or a resident elected committee of residents, as specified, no less frequently than at a reasonable period prior to any regularly scheduled meeting of the governing body at each of its facilities in the state to address concerns of the residents and to ensure that the opinions of residents are relayed to all governing body members of the provider. The bill would also provide for alternative representation options for a provider that is a sole proprietorship, general partnership, limited partnership, limited liability company, or a closely held corporation in lieu of appointing a resident as a voting member of the provider's governing body, as specified. (3) 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 1751?
AB 1751 is sponsored by Bloom.
What is the current status of AB 1751?
This bill has been enacted into law. Introduced February 14, 2014. Enacted.
Where can I track AB 1751?
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