California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 838 — Health care: prescription drugs.

Last action — Chaptered by Secretary of State. Chapter 603, Statutes of 2022.

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  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 January 06, 2022. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 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 California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) to enter into partnerships, in consultation with other state departments as necessary to, among other things, increase patient access to affordable drugs. Existing law requires CHHSA to enter into such partnerships to produce or distribute at least one form of insulin, if a viable pathway for manufacturing a more affordable form of insulin exists at a price that results in savings. Existing law, for the purposes of implementing the California Affordable Drug Manufacturing Act of 2020, until December 31, 2027, permits CHHSA and its departments to enter into exclusive or nonexclusive contracts on a bid or negotiated basis. This bill would require CHHSA to establish metrics to measure progress and efficiency, and remedies in the case those metrics are not met, and include those metrics and remedies in any contract entered into pursuant to these provisions. The bill would eliminate the viability requirement for the manufacturing of insulin pursuant to these provisions and would require any partnership, among other things, to consider guaranteeing priority access to insulin supply for the state. This bill would require, upon appropriation by the Legislature, the development of a California-based manufacturing facility for insulin with the intent of creating high-skill, high-paying jobs within the state.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 603, Statutes of 2022.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 31. Noes 7. Page 5315.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. 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 12. Noes 4.) (August 11).

  10. August 3 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (June 28). Re-referred to Com. on APPR.

  12. Referred to Com. on HEALTH.

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

  14. Read third time. Passed. (Ayes 27. Noes 8. Page 3866.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 5. Noes 2. Page 3771.) (May 19).

  17. Set for hearing May 19.

  18. May 16 hearing: Placed on APPR suspense file.

  19. Set for hearing May 16.

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

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 3542.) (April 27).

  22. Set for hearing April 27.

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

  24. Referred to Com. on HEALTH.

  25. From printer. May be acted upon on or after February 6.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No

Sponsors (1)

  • Pan

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

SB 838 Pan Senate Third Reading By Blanca Rubio

Passed 61 Yea · 10 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 30101
Unaffiliated 31503
Republican 0405
Total 611009
% of votes cast 76%13%0%11%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Nay
Kiley — Nay
Bigelow — Nay
Voepel — Not Voting
Waldron — Not Voting
Mathis — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
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
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Unfinished Business SB838 Pan et al. Concurrence

Passed 31 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18401
Republican 0301
Democratic 13000
Total 31702
% of votes cast 78%18%0%5%
How each member voted (40)
Member Party Vote
Hueso — Yea
Dodd — Yea
Gonzalez — Yea
Leyva — Yea
Borgeas — Nay
Melendez — Nay
Wilk — Nay
Nielsen — Nay
Bates — Not Voting
Glazer — Yea
Pan — Yea
Portantino — Yea
Wieckowski — Yea
Hertzberg — Yea
Bradford — Yea
Eggman — Yea
Atkins — Yea
Kamlager — Yea
Newman — Yea
Rubio — Yea
Min — Yea
Roth — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique 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 Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Democratic 3000
Republican 0001
Total 12102
% of votes cast 80%7%0%13%
How each member voted (15)
Member Party Vote
Maienschein — Yea
McCarty — Yea
Nazarian — Yea
Wood — Yea
Mayes — Yea
Santiago — Yea
Rodriguez — Yea
Bigelow — Nay
Waldron — Not Voting
Luz Rivas — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Flora, Heath Republican Not Voting

Official roll call →

3rd Reading SB838 Pan et al.

Passed 27 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 10003
Unaffiliated 17402
Republican 0400
Total 27805
% of votes cast 68%20%0%13%
How each member voted (40)
Member Party Vote
Wieckowski — Yea
Newman — Yea
Gonzalez — Yea
Min — Yea
Portantino — Yea
Skinner — Yea
Hueso — Yea
Eggman — Yea
Glazer — Yea
Pan — Yea
Bradford — Yea
Atkins — Yea
Kamlager — Yea
Dodd — Yea
Roth — Yea
Leyva — Yea
Rubio — Yea
Bates — Nay
Nielsen — Nay
Wilk — Nay
Melendez — Nay
Borgeas — Not Voting
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Not Voting
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique 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 Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

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
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Not Voting
Laird, John 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 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 6100
Republican 0001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Roth — Yea
Pan — Yea
Leyva — Yea
Eggman — Yea
Rubio — Yea
Melendez — Nay
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

Subjects

healthcare labor
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 838 do?
Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) to enter into partnerships, in consultation with other state departments as necessary to, among other things, increase patient access to affordable drugs. Existing law requires CHHSA to enter into such partnerships to produce or distribute at least one form of insulin, if a viable pathway for manufacturing a more affordable form of insulin exists at a price that results in savings. Existing law, for the purposes of implementing the California Affordable Drug Manufacturing Act of 2020, until December 31, 2027, permits CHHSA and its departments to enter into exclusive or nonexclusive contracts on a bid or negotiated basis. This bill would require CHHSA to establish metrics to measure progress and efficiency, and remedies in the case those metrics are not met, and include those metrics and remedies in any contract entered into pursuant to these provisions. The bill would eliminate the viability requirement for the manufacturing of insulin pursuant to these provisions and would require any partnership, among other things, to consider guaranteeing priority access to insulin supply for the state. This bill would require, upon appropriation by the Legislature, the development of a California-based manufacturing facility for insulin with the intent of creating high-skill, high-paying jobs within the state.
Who sponsors SB 838?
SB 838 is sponsored by Pan and Rubio, Susan (Democratic).
What is the current status of SB 838?
This bill has been enacted into law. Introduced January 06, 2022. Enacted.
Where can I track SB 838?
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