California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 651 — Nonprofit health facilities: sale of assets: Attorney General approval.

Last action — Chaptered by Secretary of State - Chapter 782, Statutes of 2017.

  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, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

Action History

  1. Chaptered by Secretary of State - Chapter 782, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 25. Page 3222.).

  5. Assembly Rule 77(a) suspended. (Page 3206.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2713.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

  12. In committee: Referred to APPR. suspense file.

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

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 11).

  15. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (July 5). Re-referred to Com. on JUD.

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

  17. Referred to Coms. on HEALTH and JUD.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 18. Page 1539.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 12. Noes 5.) (May 10).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 18). Re-referred to Com. on APPR.

  23. Re-referred to Com. on JUD.

  24. Read second time and amended.

  25. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 1.) (March 28).

  26. Referred to Coms. on HEALTH and JUD.

  27. From printer. May be heard in committee March 17.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

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

Passed 27 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231200
Democratic 4100
Total 271300
% 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

Official roll call →

Passed 52 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 381802
Democratic 14100
Republican 0600
Total 522502
% 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

Official roll call →

Passed 58 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 431202
Democratic 15100
Republican 0502
Total 581804
% 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

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8300
Democratic 4100
Republican 0100
Total 12500
% 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

Official roll call →

Subjects

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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?
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