California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

SB 438 — Emergency medical services: dispatch.

Last action — Chaptered by Secretary of State. Chapter 389, Statutes of 2019.

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

This bill has been enacted into law. Introduced February 21, 2019. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency to establish within its jurisdiction a basic emergency telephone system that includes, at a minimum, police, firefighting, and emergency medical and ambulance services. Existing law authorizes a public agency to incorporate private ambulance service into the system. This bill would prohibit a public agency from delegating, assigning, or contracting for "911" emergency call processing services for the dispatch of emergency response resources unless the delegation or assignment is to, or the contract or agreement is with, another public agency. The bill would exempt from that prohibition a public agency that is a joint powers authority that delegated, assigned, or contracted for "911" call processing services on or before January 1, 2019, under certain conditions. The bill would also authorize a public agency that delegated, assigned, or contracted for "911" call processing services on or before January 1, 2019, to continue to do so with the concurrence of the public safety agencies that provide prehospital emergency medical services. If a public safety agency does not concur with the public agency to continue to delegate, assign, or contract for those services, the bill would authorize the public agency to continue to delegate, assign, or contract for those services for the remaining concurring public safety agencies. The bill would state the Legislature's intent to affirm and clarify a public agency's duty and authority to develop emergency communication procedures and respond quickly to a person seeking emergency services through the "911" emergency telephone system. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, authorizes each county to develop an emergency medical services (EMS) program and designate a local EMS agency. Existing law delegates responsibility over the medical direction and management of an EMS system to the medical director of the local EMS agency, and requires the local EMS agency to maintain medical control over the EMS system in accordance with minimum standards established by the Emergency Medical Services Authority. This bill would require a public safety agency that provides "911" call processing services for medical response to make a connection available from the public safety agency dispatch center to an EMS provider's dispatch center, as specified. The bill would provide that the public safety agency is entitled to recover from an EMS provider the actual costs incurred in establishing and maintaining the connection. The bill would require the local EMS-agency-authorized EMS providers and the EMS system providers within the jurisdiction of the incident, to be simultaneously notified and dispatched at the same response mode. The bill would require a local EMS agency to review and approve or deny a public safety agency's plan to implement an emergency medical dispatcher or advanced life support program within 90 days of submission of the plan. This bill would provide that medical control by a local EMS agency medical director, or medical direction and management of an EMS system, may not be construed to, among other things, limit the authority of a public safety agency to directly receive and process "911" emergency requests originating within the agency's territorial jurisdiction or authorize a local EMS agency to unilaterally reduce a public safety agency's response mode below that of the EMS transport provider, prevent a public safety response, or alter the deployment of emergency response resources within the agency's territorial jurisdiction. The bill would also clarify that a public safety agency does not transfer its authority to administer emergency medical services to a local EMS agency by adhering to the policies, procedures, and protocols adopted by a local EMS agency.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 389, Statutes of 2019.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 33. Noes 6. Page 2501.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 68. Noes 4. Page 2952.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 13. Noes 0.) (July 9).

  10. Re-referred to Com. on HEALTH pursuant to Assembly Rule 96.

  11. July 3 hearing postponed by committee.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  13. Referred to Coms. on L. GOV. and HEALTH.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 32. Noes 4. Page 1208.) Ordered to the Assembly.

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

  17. From committee: Do pass as amended. (Ayes 9. Noes 0. Page 904.) (May 1).

  18. Set for hearing May 1.

  19. April 24 hearing postponed by committee.

  20. Set for hearing April 24.

  21. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 1. Page 713.) (April 10). Re-referred to Com. on HEALTH.

  22. Set for hearing April 10.

  23. Re-referred to Coms. on GOV. & F. and HEALTH.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  25. Referred to Com. on RLS.

  26. From printer. May be acted upon on or after March 24.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hertzberg · Primary
  • Eggman · Cosponsor
  • Galgiani · Cosponsor
  • Cecilia M. Aguiar-Curry · Cosponsor
  • Bonta · Cosponsor
  • Rodriguez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 2 voted No

Sponsors (1)

  • Hertzberg

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Unfinished Business SB438 Hertzberg et al. Concurrence

Passed 33 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 22401
Democratic 10000
Republican 1200
Total 33601
% of votes cast 83%15%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Dodd — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

SB 438 Hertzberg Senate Third Reading By Eggman

Passed 68 Yea · 4 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 43405
Democratic 22000
Republican 3002
Total 68407
% of votes cast 86%5%0%9%
How each member voted (79)
Member Party Vote
Fong — Yea
Brough — Yea
Mayes — Yea
Salas — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — 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
McCarty — Yea
Low — Yea
Nazarian — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Melendez — Nay
Voepel — Nay
Obernolte — Nay
Kiley — Nay
Burke — Not Voting
Frazier — Not Voting
Bigelow — Not Voting
Mathis — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democratic 4000
Republican 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Wood — Yea
Rodriguez — Yea
Santiago — Yea
Mayes — Yea
McCarty — Yea
Waldron — Yea
Nazarian — Yea
Burke — Not Voting
Bigelow — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Yea
Flora, Heath Republican Yea

Official roll call →

3rd Reading SB438 Hertzberg et al.

Passed 32 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22302
Democratic 9000
Republican 1100
Total 32402
% of votes cast 84%11%0%5%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Borgeas — Nay
Moorlach — Nay
Morrell — Nay
Dodd — Not Voting
Bates — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 438 do?
Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency to establish within its jurisdiction a basic emergency telephone system that includes, at a minimum, police, firefighting, and emergency medical and ambulance services. Existing law authorizes a public agency to incorporate private ambulance service into the system. This bill would prohibit a public agency from delegating, assigning, or contracting for "911" emergency call processing services for the dispatch of emergency response resources unless the delegation or assignment is to, or the contract or agreement is with, another public agency. The bill would exempt from that prohibition a public agency that is a joint powers authority that delegated, assigned, or contracted for "911" call processing services on or before January 1, 2019, under certain conditions. The bill would also authorize a public agency that delegated, assigned, or contracted for "911" call processing services on or before January 1, 2019, to continue to do so with the concurrence of the public safety agencies that provide prehospital emergency medical services. If a public safety agency does not concur with the public agency to continue to delegate, assign, or contract for those services, the bill would authorize the public agency to continue to delegate, assign, or contract for those services for the remaining concurring public safety agencies. The bill would state the Legislature's intent to affirm and clarify a public agency's duty and authority to develop emergency communication procedures and respond quickly to a person seeking emergency services through the "911" emergency telephone system. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, authorizes each county to develop an emergency medical services (EMS) program and designate a local EMS agency. Existing law delegates responsibility over the medical direction and management of an EMS system to the medical director of the local EMS agency, and requires the local EMS agency to maintain medical control over the EMS system in accordance with minimum standards established by the Emergency Medical Services Authority. This bill would require a public safety agency that provides "911" call processing services for medical response to make a connection available from the public safety agency dispatch center to an EMS provider's dispatch center, as specified. The bill would provide that the public safety agency is entitled to recover from an EMS provider the actual costs incurred in establishing and maintaining the connection. The bill would require the local EMS-agency-authorized EMS providers and the EMS system providers within the jurisdiction of the incident, to be simultaneously notified and dispatched at the same response mode. The bill would require a local EMS agency to review and approve or deny a public safety agency's plan to implement an emergency medical dispatcher or advanced life support program within 90 days of submission of the plan. This bill would provide that medical control by a local EMS agency medical director, or medical direction and management of an EMS system, may not be construed to, among other things, limit the authority of a public safety agency to directly receive and process "911" emergency requests originating within the agency's territorial jurisdiction or authorize a local EMS agency to unilaterally reduce a public safety agency's response mode below that of the EMS transport provider, prevent a public safety response, or alter the deployment of emergency response resources within the agency's territorial jurisdiction. The bill would also clarify that a public safety agency does not transfer its authority to administer emergency medical services to a local EMS agency by adhering to the policies, procedures, and protocols adopted by a local EMS agency.
Who sponsors SB 438?
SB 438 is sponsored by Hertzberg, Eggman, Galgiani, Aguiar-Curry, Cecilia M. (Democratic), Bonta, and Rodriguez.
What is the current status of SB 438?
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Where can I track SB 438?
Track SB 438 free on One Click Politics — get push/email alerts when it moves.

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