BILL NUMBER: AB 581	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 20, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 581, as amended, Ammiano. 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 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 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 
initiated or participated in the filing of a complaint, grievance, or
request for investigation with  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 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 the licensee's community care 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 pursuant to this chapter or 
has initiated or participated in the filing of a complaint,
grievance, or request for investigation  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,  or has initiated or participated in
the filing of a complaint, grievance, or request for investigation
 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.