AB 651 — Nonprofit health facilities: sale of assets: Attorney General approval.
Last action — Chaptered by Secretary of State - Chapter 782, Statutes of 2017.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 14, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 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 requires a nonprofit corporation, as defined, that operates or controls a health facility, as defined, or operates or controls a facility that provides similar health care to provide written notice to, and obtain the written consent of, the Attorney General prior to selling or otherwise disposing of a material amount of its assets to a for-profit corporation or entity, to a mutual benefit corporation or entity, or to another nonprofit corporation or entity. This bill would require the notice to the Attorney General to include a list of the primary languages spoken at the facility and the threshold languages for Medi-Cal beneficiaries, as determined by the State Department of Health Care Services for the county in which the facility is located. The bill also would authorize the Attorney General to require the components of the written notice be provided in any of those languages. This bill would apply to specified health facilities regardless of whether they are currently operating or providing health care services or have a suspended license. Existing law provides that the Attorney General has discretion to give consent to, give conditional consent to, or to not consent to, the agreement or transaction and requires the Attorney General to consider any factors he or she deems relevant, including, but not limited to, whether the terms are fair and reasonable. This bill would require the Attorney General to consider whether the agreement or transaction may create a significant effect on the availability and accessibility of cultural interests provided by the facility in the affected community. Existing law requires the Attorney General to conduct one or more public meetings prior to issuing its decision whether to consent to the proposed agreement or transaction, to issue a notice of the public meeting, as specified, and, in any case, to issue its decision within 60 days of the receipt of the written notice from the public benefit corporation, subject to one additional 45-day extension under specified circumstances. The bill instead would require the Attorney General to issue the decision within 90 days of the receipt of the written notice from the nonprofit corporation. The bill also would require the Attorney General to provide the notice to the public in English and in the primary languages spoken at the facility and the threshold languages for Medi-Cal beneficiaries for the county in which the facility is located, as specified. This bill would authorize the Attorney General to enforce the conditions imposed on the Attorney General's consent to a specified agreement or transaction. This bill also would entitle the Attorney General to specific performance, injunctive relief, and other equitable remedies a court deems appropriate, and to recover its attorney's fees and costs incurred. This bill would incorporate additional changes to Sections 5914 and 5920 of the Corporations Code proposed by SB 687 to be operative only if this bill and SB 687 are enacted and this bill is enacted last.
Bill Text
- Chaptered 10/14/17 - Chaptered Current pdf October 14, 2017
- Enrolled 09/13/17 - Enrolled pdf September 13, 2017
- Amended 09/06/17 - Amended Senate pdf September 06, 2017
- Amended 07/18/17 - Amended Senate pdf July 18, 2017
- Amended 06/27/17 - Amended Senate pdf June 27, 2017
- Amended 03/30/17 - Amended Assembly pdf March 30, 2017
- Introduced 02/14/17 - Introduced pdf February 14, 2017
- AB651 View text html
Action History
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Chaptered by Secretary of State - Chapter 782, Statutes of 2017.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 25. Page 3222.).
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Assembly Rule 77(a) suspended. (Page 3206.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2713.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 2.) (September 1).
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In committee: Referred to APPR. suspense file.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 11).
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (July 5). Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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Referred to Coms. on HEALTH and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 18. Page 1539.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 5.) (May 10).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 18). Re-referred to Com. on APPR.
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Re-referred to Com. on JUD.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 1.) (March 28).
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Referred to Coms. on HEALTH and JUD.
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From printer. May be heard in committee March 17.
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Read first time. To print.
Sponsors
- Al Muratsuchi · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No
Sponsors (1)
- Muratsuchi, Al Democratic
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 12 | 0 | 0 |
| Democratic | 4 | 1 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Hernandez | — | Yea |
| Morrell | — | Nay |
| Newman | — | Yea |
| Nielsen | — | Nay |
| Moorlach | — | Nay |
| Cannella | — | Nay |
| Vidak | — | Nay |
| Wilk | — | Nay |
| Anderson | — | Nay |
| Bates | — | Nay |
| Bradford | — | Yea |
| De León | — | Yea |
| Atkins | — | Yea |
| Portantino | — | Yea |
| Mitchell | — | Yea |
| Allen | — | Yea |
| Glazer | — | Yea |
| Hertzberg | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Pan | — | Yea |
| Roth | — | Yea |
| Skinner | — | Yea |
| Wieckowski | — | Yea |
| Fuller | — | Nay |
| Galgiani | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Stern, Henry I. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 18 | 0 | 2 |
| Democratic | 14 | 1 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 52 | 25 | 0 | 2 |
| % of votes cast | 66% | 32% | 0% | 3% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Nay |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Nay |
| Harper | — | Nay |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| Rodriguez | — | Yea |
| Voepel | — | Nay |
| Weber | — | Yea |
| Eggman | — | Yea |
| Chau | — | Yea |
| Chu | — | Yea |
| Gloria | — | Yea |
| Low | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Medina | — | Yea |
| Quirk | — | Yea |
| Salas | — | Yea |
| Santiago | — | Yea |
| Thurmond | — | Yea |
| Ting | — | Yea |
| Wood | — | Yea |
| Gray | — | Yea |
| Bocanegra | — | Yea |
| Rubio | — | Yea |
| Holden | — | Yea |
| Burke | — | Yea |
| Fong | — | Nay |
| Kiley | — | Nay |
| Maienschein | — | Nay |
| Mathis | — | Nay |
| Mayes | — | Nay |
| McCarty | — | Yea |
| Melendez | — | Nay |
| Bigelow | — | Nay |
| Chiu | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Not Voting |
| O'Donnell | — | Yea |
| Obernolte | — | Nay |
| Rendon | — | Yea |
| Ridley-Thomas | — | Not Voting |
| Steinorth | — | Nay |
| Waldron | — | Nay |
| Chávez | — | Nay |
| Cunningham | — | Nay |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Frazier | — | Yea |
| Friedman | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Mark Stone | — | Yea |
| Travis Allen | — | Nay |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Nay |
| 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 | Nay |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 0 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 7 | 2 | 0 | 0 |
| % of votes cast | 78% | 22% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Hernandez | — | Yea |
| Leyva | — | Yea |
| Nielsen | — | Nay |
| Roth | — | Yea |
| Mitchell | — | Yea |
| Atkins | — | Yea |
| Monning | — | Yea |
| Newman | — | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 12 | 0 | 2 |
| Democratic | 15 | 1 | 0 | 0 |
| Republican | 0 | 5 | 0 | 2 |
| Total | 58 | 18 | 0 | 4 |
| % of votes cast | 73% | 23% | 0% | 5% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Nay |
| Baker | — | Yea |
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Brough | — | Yea |
| Jones-Sawyer | — | Yea |
| Mathis | — | Nay |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| Ting | — | Yea |
| Weber | — | Yea |
| Eggman | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Gloria | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Thurmond | — | Yea |
| Rubio | — | Yea |
| Frazier | — | Yea |
| Friedman | — | Yea |
| Salas | — | Yea |
| Bocanegra | — | Yea |
| Gomez | — | Yea |
| Burke | — | Yea |
| Gray | — | Yea |
| Chau | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Harper | — | Nay |
| Holden | — | Not Voting |
| Kiley | — | Nay |
| Levine | — | Yea |
| Low | — | Yea |
| Mayes | — | Nay |
| McCarty | — | Yea |
| Medina | — | Yea |
| Chávez | — | Nay |
| Cooley | — | Yea |
| Cooper | — | Yea |
| Cunningham | — | Yea |
| Melendez | — | Nay |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Nay |
| Quirk | — | Yea |
| Ridley-Thomas | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Not Voting |
| Voepel | — | Nay |
| Waldron | — | Nay |
| Wood | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Travis Allen | — | Nay |
| 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 |
| Fong, Mike | Democratic | Nay |
| 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 | Nay |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Nay |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Patterson, Joe | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 3 | 0 | 0 |
| Democratic | 4 | 1 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 12 | 5 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Brough | — | Nay |
| Obernolte | — | Nay |
| Eggman | — | Yea |
| Friedman | — | Yea |
| Gray | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Bocanegra | — | Yea |
| Chau | — | Yea |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Nay |
| Muratsuchi, Al | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 651 do?
- Existing law requires a nonprofit corporation, as defined, that operates or controls a health facility, as defined, or operates or controls a facility that provides similar health care to provide written notice to, and obtain the written consent of, the Attorney General prior to selling or otherwise disposing of a material amount of its assets to a for-profit corporation or entity, to a mutual benefit corporation or entity, or to another nonprofit corporation or entity. This bill would require the notice to the Attorney General to include a list of the primary languages spoken at the facility and the threshold languages for Medi-Cal beneficiaries, as determined by the State Department of Health Care Services for the county in which the facility is located. The bill also would authorize the Attorney General to require the components of the written notice be provided in any of those languages. This bill would apply to specified health facilities regardless of whether they are currently operating or providing health care services or have a suspended license. Existing law provides that the Attorney General has discretion to give consent to, give conditional consent to, or to not consent to, the agreement or transaction and requires the Attorney General to consider any factors he or she deems relevant, including, but not limited to, whether the terms are fair and reasonable. This bill would require the Attorney General to consider whether the agreement or transaction may create a significant effect on the availability and accessibility of cultural interests provided by the facility in the affected community. Existing law requires the Attorney General to conduct one or more public meetings prior to issuing its decision whether to consent to the proposed agreement or transaction, to issue a notice of the public meeting, as specified, and, in any case, to issue its decision within 60 days of the receipt of the written notice from the public benefit corporation, subject to one additional 45-day extension under specified circumstances. The bill instead would require the Attorney General to issue the decision within 90 days of the receipt of the written notice from the nonprofit corporation. The bill also would require the Attorney General to provide the notice to the public in English and in the primary languages spoken at the facility and the threshold languages for Medi-Cal beneficiaries for the county in which the facility is located, as specified. This bill would authorize the Attorney General to enforce the conditions imposed on the Attorney General's consent to a specified agreement or transaction. This bill also would entitle the Attorney General to specific performance, injunctive relief, and other equitable remedies a court deems appropriate, and to recover its attorney's fees and costs incurred. This bill would incorporate additional changes to Sections 5914 and 5920 of the Corporations Code proposed by SB 687 to be operative only if this bill and SB 687 are enacted and this bill is enacted last.
- Who sponsors AB 651?
- AB 651 is sponsored by Muratsuchi, Al (Democratic).
- What is the current status of AB 651?
- This bill has been enacted into law. Introduced February 14, 2017. Enacted.
- Where can I track AB 651?
- Track AB 651 free on One Click Politics — get push/email alerts when it moves.
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