Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1974

Introduced by Assembly Member Quirk

February 19, 2014

An act to amend Section begin delete 87202 of, and to add Section 83103.5 to the Government end delete begin insert 1252 of the Health and Safety end insert Code, relating to begin delete the Political Reform Act of 1974 end delete begin insert health facilities end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1974, as amended, Quirk. begin delete Appointed officials: disclosure statement. end delete begin insert Health facilities: special services. end insert

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Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and prohibits a health facility from providing a special service without the approval of the department. Existing law defines a “special service” to mean a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type of patient care and that has been identified by regulations of the department and for which the department has established special standards for quality of care.

end insert begin insert

The bill would specify that a “special service” does not include a functional division, department, or unit of a nursing facility that is organized, staffed, and equipped to provide physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility.

end insert begin delete

Under the Political Reform Act of 1974, every person who is appointed as a member to a specified office, including the Fair Political Practices Commission, is required to file a statement disclosing his or her investments and interests in real property held on the date of assuming office, and income received during the 12 months before assuming office. Existing law requires that the statement be filed not more than 30 days after assuming office, as specified.

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This bill would instead require a person who is nominated as a member of the Fair Political Practices Commission to file the disclosure statement no later than 30 days prior to assuming office.

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The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.

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This bill would declare that it furthers the purposes of the act.

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Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1252 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1252.  

“Special service” means a functional division,
department, or unit of a health facility begin delete which end delete begin insert that end insert is organized,
staffed begin insert , end insert and equipped to provide a specific type or types of patient
care and begin delete which end delete begin insert that end insert has been identified by regulations of the state
department and for which the state department has established
special standards for quality of care. begin insert “Special service” does not
include a functional division, department, or unit of a nursing
facility that is organized, staffed, and equipped to provide physical
therapy services, occupational therapy services, or speech
pathology and audiology services to residents of the facility. end insert

begin delete

SECTION 1.  

Section 83103.5 is added to the Government
Code, to read:

83103.5.  

A person who is appointed as a member of the
Commission shall file a statement disclosing his or her investments
and his or her interests in real property held on the date of his or
her nomination, and income received during the 12 months before
being nominated, in accordance with the requirements of Article
2 (commencing with Section 87200) of Chapter 7. The person
nominated shall file the disclosure statement no later than 30 days
prior to assuming office.

SEC. 2.  

Section 87202 of the Government Code is amended to
read:

87202.  

(a) Every person who is elected to an office specified
in Section 87200 shall, within 30 days after assuming the office,
file a statement disclosing his or her investments and his or her
interests in real property held on the date of assuming office, and
income received during the 12 months before assuming office.
Except as specified in Section 83103.5, every person who is
appointed or nominated to an office specified in Section 87200
shall file such a statement not more than 30 days after assuming
office, provided, however, that a person appointed or nominated
to such an office who is subject to confirmation by the Commission
on Judicial Appointments or the State Senate shall file such a
statement no more than 10 days after the appointment or
nomination.

The statement shall not be required if the person has filed, within
60 days prior to assuming office, a statement for the same
jurisdiction pursuant to Section 87203.

(b) Every elected state officer who assumes office during the
month of December or January shall file a statement pursuant to
Section 87203 instead of this section, except that:

(1) The period covered for reporting investments and interests
in real property shall begin on the date the person filed his or her
declarations of candidacy.

(2) The period covered for reporting income shall begin 12
months prior to the date the person assumed office.

SEC. 3.  

The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the
meaning of subdivision (a) of Section 81012 of the Government
Code.

end delete