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SENATE BILL 309 (ORTIZ – 2002)

CHAPTER 553, STATUTES OF 2002

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Health and Safety Code sections 1771.7, 1771.8, 1776.3, 1777, and 1793.9 were amended with the passage of Senate Bill 309 of 2001.  (See Exhibit #1d)  Assembly member Ortiz introduced this measure on February 20, 2001.  (See Exhibit #1a)  At that time, Senate Bill 309 proposed to enact Health and Safety Code section 104376, relating to a tobacco cessation study by the Department of Health Services.  (Id.)  Assembly amendments on May 14th gutted the measure and introduced language relating to continuing care.  (See Exhibit #1b)  In this form, Senate Bill 309 was sponsored by the California Continuing Care Residents Association.  (See Exhibits #13, document A-2; and #14, document PE-22)

Senate Bill 309 was assigned to the Senate Committee on Health and Human Services and the Assembly Committee on Aging and Long Term Care where policy issues raised by the bill were considered.  (See Exhibits #3 and #7)  The fiscal ramifications of the bill were considered by both the Senate and Assembly Committees on Appropriations.  (See Exhibits #5 and #9)  Two amendments were made to Senate Bill 309.  (See Exhibits #1b, #1c, and #2)  Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 309 on September 14, 2002 and it was recorded by the Secretary of State on September 15th as Chapter 553 of the Statutes of 2002.  (See Exhibit #1d)

The Office of Senate Floor Analyses’ Unfinished Business analysis described Senate Bill 309, as last amended on June 28, 2002, as making “changes to continuing care retirement communities and to the representation of residents on the provider’s governing body.”  (See Exhibit #12, page 1)

A more specific description of Senate Bill 309 was provided in the Enrolled Bill Memorandum to Governor on August 25, 2002, which stated:

This bill requires Continuing Care Retirement Community (CCRC) providers to implement various practices to enhance the participation and satisfaction of residents of CCRCs.  Specifically, this bill would require CCRCs to survey resident satisfaction more frequently, provide residents with additional information on the facility’s financial status, resident complaints, and citations issued against the facility by the DSS, allow residents attending facility meetings to present information orally and in writing, and allow residents who participate in a facility governing body to share information from board meetings with other residents.
(See Exhibit #14, document PE-2)