BILL NUMBER: AB 581	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 20, 2013

   An act to amend  Section   Sections 1539 and
 1569.37  of, and to add Section 1539.5 to, 
 of  the Health and Safety Code, relating to 
residential care   care facilities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 581, as amended, Ammiano.  Residential  
Community care facilities and residential  care facilities for
the elderly: retaliation.
   Existing law establishes the State Department of Social Services,
and sets forth its powers and duties, including, but not limited to,
the licensing and regulation of  day care and residential
care facilities, as defined, including, but not limited to, adult
residential   community care  facilities and
residential care facilities for the elderly. Existing law authorizes
any person to request an inspection of a facility by transmitting a
request to the department alleging a facility violation of applicable
law.
   Existing law prohibits a licensee from discriminating or
retaliating in any manner against any person receiving the services
of the facility, or against any employee of the facility, on the
basis, or for the reason that, the person or employee or any other
person has initiated or participated in an inspection. Existing law
makes violation of these provisions a crime.
   This bill would, instead, prohibit a  adult residential
  community care  facility licensee or a
residential facility for the elderly licensee, or officer or employee
of the licensee, from discriminating or retaliating in any manner,
including, but not limited to, eviction or threat of eviction,
against any person receiving the services of the facility, or against
any employee of the licensee's facility, on the basis, or for the
reason that, the person or employee or any other person has initiated
or participated in the filing of a complaint, grievance, or a
request for inspection with the department or the local or state
ombudsman pursuant to prescribed provisions of law. By expanding the
scope of an existing crime, the bill would 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 1539.5 is added to the
Health and Safety Code, to read:
   1539.5.  No adult residential facility licensee, or any officer or
employee of the licensee, shall discriminate or retaliate in any
manner, including, but not limited to, eviction or the threat of
eviction, against any person receiving the services of the licensee's
adult residential facility, or against any employee of the licensee'
s facility, on the basis, or for the reason that, the person or
employee or any other person has initiated or participated in the
filing of a complaint, grievance, or request for an inspection with
the department pursuant to this chapter or with the appropriate local
or state ombudsman. 
   SECTION 1.    Section 1539 of the   Health
and Safety Code   is amended to read: 
   1539.  No licensee  , or officer or employee of the licensee,
 shall discriminate or retaliate in any manner , including,
but not limited to, eviction or threat of eviction,  against any
person receiving the services of  such   the
 licensee's community care facility, or against any employee of
 such   the  licensee's facility, on the
basis, or for the reason that,  such   the 
person or employee or any other person has initiated or participated
in  an   the filing of a complaint, grievance,
or a request for  inspection  with the department 
pursuant to  Section 1538.   this chapter or
with the appropriate local or state ombudsman. 
  SEC. 2.  Section 1569.37 of the Health and Safety Code is amended
to read:
   1569.37.  No licensee, or officer or employee of the licensee,
shall discriminate or retaliate in any manner, including, but not
limited to, eviction or threat of eviction, against any person
receiving the services of the licensee's residential care facility
for the elderly, or against any employee of the licensee's facility,
on the basis, or for the reason that, the person or employee or any
other person has initiated or participated in the filing of a
complaint, grievance, or a request for inspection with the department
pursuant to this chapter, with the appropriate local ombudsman, or
with the state ombudsman recognized pursuant to Chapter 11
(commencing with Section 9700) of Division 8.5 of the Welfare and
Institutions Code.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.