California 2017-2018 Regular Session Status: To Executive

AB 3088 — Continuing care contracts: retirement communities.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 regulates life care contracts, also known as continuing care contracts, and imposes certain reporting and reserve requirements on continuing care communities. Existing law requires each provider that has entered into a specified type of continuing care contract with an up-front entrance fee, known as a Type A contract, to submit to the Department of Social Services, at least once every 5 years, an actuary's opinion as to the provider's actuarial financial condition. This bill, until January 1, 2030, would instead require all providers to file an actuary's findings, report, and opinion with the department, and further require all providers to post a copy of that information in its facility and on its Internet Web site within 10 days of filing with the department. The bill would, on January 1, 2030, reinstate the requirement for providers that entered into Type A contracts to file an actuary's opinion. The bill would require each provider to conduct, at least once every 5 years, a review of the accessible areas that the provider is obligated to repair, replace, restore, or maintain within the facility, as specified. The bill would require the governing body of each provider to use the review to consider and implement necessary adjustments to its reserve account requirements. The bill would require each provider to submit to the department, at least once every 5 years, a summary of the maintenance and replacement review and the adjustments the governing body of the provider has made or plans to make as a result of the review. The bill would also require the provider to post a copy of the summary and adjustment plan in its facility and on its Internet Web site.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 2:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 1. Page 6861.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 5769.).

  6. Read second time. Ordered to third reading.

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

  8. Read second time. Ordered to third reading.

  9. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  10. In committee: Hearing postponed by committee.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 12). Re-referred to Com. on APPR.

  12. Referred to Com. on HUMAN S.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 1. Page 5165.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 11. Noes 0.) (May 9).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 17). Re-referred to Com. on APPR.

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

  19. Read second time and amended.

  20. From committee: Amend, and do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 5. Noes 0.) (April 10).

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

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

  23. Referred to Coms. on HUM. S. and AGING & L.T.C.

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

  25. Read first time. To print.

Sponsors

  • Chu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Chu

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 3088 CHU Concurrence in Senate Amendments

Passed 74 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 52105
Democratic 16000
Republican 6000
Total 74105
% of votes cast 93%1%0%6%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Thurmond — Yea
Waldron — Yea
Chávez — Yea
Fong — Not Voting
Gray — Not Voting
Gonzalez Fletcher — Yea
Friedman — Yea
Burke — Yea
Salas — Yea
Gloria — Yea
Holden — Yea
Kamlager-Dove — Yea
Rubio — Yea
Rivas — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Cunningham — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Harper — Yea
Chiu — Yea
Cooper — Not Voting
Steinorth — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB3088 Chu By Monning

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25901
Democratic 5000
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Bradford — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Dodd — Yea
Galgiani — Yea
De León — Yea
Mitchell — Yea
Hernandez — Yea
Hertzberg — Yea
Allen — Yea
Portantino — Yea
Cannella — Yea
Atkins — Yea
Hueso — Yea
Chang — Yea
Delgado — Yea
Beall — Yea
Leyva — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Yea
Fuller — Nay
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3088 CHU Assembly Third Reading

Passed 64 Yea · 1 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 441012
Democratic 15000
Republican 5001
Total 641013
% of votes cast 82%1%0%17%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Kiley — Not Voting
Levine — Yea
Mathis — Yea
McCarty — Yea
Nazarian — Yea
Thurmond — Yea
Weber — Yea
Eggman — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Daly — Yea
Frazier — Yea
Kamlager-Dove — Yea
Gonzalez Fletcher — Yea
Low — Yea
Melendez — Yea
Mullin — Yea
Salas — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Rubio — Yea
Harper — Not Voting
Holden — Yea
Jones-Sawyer — Yea
Fong — Not Voting
Maienschein — Yea
Mayes — Not Voting
Gray — Not Voting
Medina — Not Voting
O'Donnell — Yea
Obernolte — Yea
Chiu — Yea
Chávez — Not Voting
Cooley — Yea
Cooper — Not Voting
Cunningham — Yea
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 8004
Republican 0002
Total 11006
% of votes cast 65%0%0%35%
How each member voted (17)
Member Party Vote
Brough — Not Voting
Nazarian — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Fong — Not Voting
Friedman — Yea
Quirk — Yea
Bigelow — Not Voting
Bloom — Yea
Eggman — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Aging and Long-Term Care]

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
Democratic 2000
Republican 0001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Maienschein — Not Voting
Rubio — Yea
Thurmond — Yea
Mark Stone — Yea
Arambula, Joaquin Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Choi, Steven S. Republican Not Voting

Official roll call →

Subjects

housing healthcare
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Frequently asked questions

What does AB 3088 do?
Existing law regulates life care contracts, also known as continuing care contracts, and imposes certain reporting and reserve requirements on continuing care communities. Existing law requires each provider that has entered into a specified type of continuing care contract with an up-front entrance fee, known as a Type A contract, to submit to the Department of Social Services, at least once every 5 years, an actuary's opinion as to the provider's actuarial financial condition. This bill, until January 1, 2030, would instead require all providers to file an actuary's findings, report, and opinion with the department, and further require all providers to post a copy of that information in its facility and on its Internet Web site within 10 days of filing with the department. The bill would, on January 1, 2030, reinstate the requirement for providers that entered into Type A contracts to file an actuary's opinion. The bill would require each provider to conduct, at least once every 5 years, a review of the accessible areas that the provider is obligated to repair, replace, restore, or maintain within the facility, as specified. The bill would require the governing body of each provider to use the review to consider and implement necessary adjustments to its reserve account requirements. The bill would require each provider to submit to the department, at least once every 5 years, a summary of the maintenance and replacement review and the adjustments the governing body of the provider has made or plans to make as a result of the review. The bill would also require the provider to post a copy of the summary and adjustment plan in its facility and on its Internet Web site.
Who sponsors AB 3088?
AB 3088 is sponsored by Chu.
What is the current status of AB 3088?
This bill died with 2017-2018 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 AB 3088?
Track AB 3088 free on One Click Politics — get push/email alerts when it moves.

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