California 2019-2020 Regular Session Status: Passed Assembly

AB 1404 — Nonprofit sponsors: reporting obligations.

Last action — Ordered to inactive file at the request of Senator Bradford.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Nonprofit Corporation Law, regulates the organization and operation of nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations, including, but not limited to, health care service plans. That law requires a nonprofit public benefit corporation to furnish annually to its members a report that includes the assets and liabilities of the corporation, revenue or receipts of the corporation, and the expenses or disbursements of the corporation. This bill would require a nonprofit sponsor to make specified annual disclosures publicly available by posting those disclosures on the nonprofit sponsor's public internet website in the same location where it posts copies of its annual report. The bill would require these disclosures to include information about the total amount of deferred compensation allocated by the nonprofit sponsor, the amount and type of compensation paid to or allocated on behalf of each listed person, as defined, receiving deferred compensation allocated by the nonprofit sponsor, whether taxes were paid on the deferred compensation, and the applicable agreement or legal document governing the deferred compensation. The bill would require this information to be reported in pay scales, as prescribed. The bill would define a "nonprofit sponsor" to mean a nonprofit corporation that operates or controls a health facility, operates or controls a facility that provides similar health care to a health facility, or is a licensed health care service plan pursuant to the Knox-Keene Health Care Service Plan Act of 1975. The bill would require the nonprofit sponsor to make the disclosures within 30 days of the nonprofit sponsor filing an Internal Revenue Service Form 990 for the nonprofit sponsor's taxable year. The bill would authorize the Attorney General to enforce these provisions against a nonprofit sponsor that fails to disclose the required documents in a complete, timely, or accurate manner. This bill would require a nonprofit sponsor to certify that the information it discloses is true and correct. By requiring the certification of information, this bill would expand the existing crime of perjury and 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. Ordered to inactive file at the request of Senator Bradford.

  2. Read second time. Ordered to third reading.

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

  4. Read second time. Ordered to third reading.

  5. Read second time and amended. Ordered returned to second reading.

  6. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 30).

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

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

  9. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 9).

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

  11. Re-referred to Com. on JUD.

  12. Re-referred to Com. on RLS.

  13. Withdrawn from committee.

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

  15. Referred to Com. on HEALTH.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1591.)

  18. Read second time. Ordered to Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 1).

  20. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 23). Re-referred to Com. on APPR.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Re-referred to Com. on HEALTH.

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

  24. Referred to Com. on HEALTH.

  25. Read first time.

  26. From printer. May be heard in committee March 25.

  27. Introduced. To print.

Sponsors

  • Santiago · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Santiago

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

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Hill — Yea
Bradford — Yea
Bates — Nay
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 2001
Republican 0100
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 1404 Santiago Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 47001
Democratic 24001
Republican 5002
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Brough — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 11000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Friedman — Yea
Brough — Yea
Obernolte — Yea
Maienschein — Yea
Bigelow — Yea
Jones-Sawyer — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 5000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Burke — Yea
Wood — Yea
Rodriguez — Yea
Santiago — Yea
Mayes — Yea
Bigelow — Yea
McCarty — Yea
Waldron — Yea
Nazarian — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Carrillo, Juan Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

public-safety finance healthcare
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Frequently asked questions

What does AB 1404 do?
Existing law, the Nonprofit Corporation Law, regulates the organization and operation of nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations, including, but not limited to, health care service plans. That law requires a nonprofit public benefit corporation to furnish annually to its members a report that includes the assets and liabilities of the corporation, revenue or receipts of the corporation, and the expenses or disbursements of the corporation. This bill would require a nonprofit sponsor to make specified annual disclosures publicly available by posting those disclosures on the nonprofit sponsor's public internet website in the same location where it posts copies of its annual report. The bill would require these disclosures to include information about the total amount of deferred compensation allocated by the nonprofit sponsor, the amount and type of compensation paid to or allocated on behalf of each listed person, as defined, receiving deferred compensation allocated by the nonprofit sponsor, whether taxes were paid on the deferred compensation, and the applicable agreement or legal document governing the deferred compensation. The bill would require this information to be reported in pay scales, as prescribed. The bill would define a "nonprofit sponsor" to mean a nonprofit corporation that operates or controls a health facility, operates or controls a facility that provides similar health care to a health facility, or is a licensed health care service plan pursuant to the Knox-Keene Health Care Service Plan Act of 1975. The bill would require the nonprofit sponsor to make the disclosures within 30 days of the nonprofit sponsor filing an Internal Revenue Service Form 990 for the nonprofit sponsor's taxable year. The bill would authorize the Attorney General to enforce these provisions against a nonprofit sponsor that fails to disclose the required documents in a complete, timely, or accurate manner. This bill would require a nonprofit sponsor to certify that the information it discloses is true and correct. By requiring the certification of information, this bill would expand the existing crime of perjury and 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 AB 1404?
AB 1404 is sponsored by Santiago.
What is the current status of AB 1404?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 1404?
Track AB 1404 free on One Click Politics — get push/email alerts when it moves.

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