California 2011-2012 Regular Session Status: Enacted

AB 313 — Residential care facilities for the elderly.

Last action — Chaptered by Secretary of State - Chapter 365, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2011. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

(1) Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law requires the department to notify affected placement agencies and the Office of the State Long-Term Care Ombudsman, as defined, whenever the department substantiates that a violation has occurred that poses a serious threat to the health and safety of any resident when the violation results in the assessment of any penalty or causes an accusation to be filed for the revocation of a license. This bill would require a licensed residential care facility for the elderly to provide a prescribed written notice to a resident, the resident's responsible party, if any, and the local long-term care ombudsman under specified conditions. The bill would prescribe civil penalties for violation of specified provisions. (2) Existing law requires a licensee of a licensed residential care facility for the elderly to take all reasonable steps to transfer affected residents safely as a result of the forfeiture of a license or the change of use of the facility pursuant to the department's regulations. This bill would require the licensee to take all reasonable steps to transfer affected residents safely as the result of the revocation of the license. (3) By creating a new crime, this 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 365, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2551.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2016.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Ordered to third reading.

  10. From Special Consent Calendar pursuant to Joint Rule 22.2.

  11. Ordered to special consent calendar.

  12. Read second time and amended. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on APPR.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  16. Referred to Com. on HUMAN S.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 0. Page 978.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 16. Noes 0.) (April 6).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 22). Re-referred to Com. on APPR.

  23. Re-referred to Com. on HUM. S.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  25. Referred to Com. on HUM. S.

  26. From printer. May be heard in committee March 12.

  27. Read first time. To print.

Sponsors

  • Monning · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Monning

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 313 MONNING Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Halderman — Yea
Feuer — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Hagman — Yea
Huber — Yea
Huffman — Yea
Fong — Yea
Allen — Yea
Logue — Yea
Olsen — Yea
Carter — Yea
Portantino — Yea
Ammiano — Yea
Cedillo — Yea
Conway — Yea
Cook — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
John A. Pérez — Yea
Yamada — Yea
Fletcher — Yea
Campos — Yea
Gordon — Yea
Atkins — Yea
Gorell — Not Voting
Hall — Yea
Bonilla — Not Voting
Mitchell — Not Voting
Chesbro — Yea
Harkey — Yea
Donnelly — Not Voting
Block — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Galgiani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB313 Monning By Liu

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 0001
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Cannella — Yea
Hancock — Yea
Harman — Yea
Corbett — Yea
Huff — Yea
Anderson — Yea
Dutton — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Hernandez — Yea
Kehoe — Yea
Steinberg — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 313 MONNING Assembly Third Reading

Passed 60 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 570017
Democratic 3000
Republican 0002
Total 600019
% of votes cast 76%0%0%24%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Hall — Yea
Yamada — Yea
Fuentes — Yea
Butler — Not Voting
Furutani — Yea
Gatto — Yea
Gordon — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Not Voting
Fletcher — Yea
Hayashi — Yea
Carter — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Huber — Yea
Cedillo — Yea
Hueso — Yea
Jeffries — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Not Voting
Cook — Yea
Davis — Yea
Lara — Yea
Logue — Not Voting
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Not Voting
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wagner — Not Voting
Williams — Not Voting
Galgiani — Not Voting
Harkey — Not Voting
Donnelly — Not Voting
Knight — Not Voting
Mendoza — Not Voting
Achadjian — Yea
Alejo — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Ma — Yea
Mansoor — Yea
Morrell — Not Voting
Norby — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Garrick — Not Voting
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Campos — Yea
Hall — Not Voting
Harkey — Yea
Hill — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights 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 AB 313 do?
(1) Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law requires the department to notify affected placement agencies and the Office of the State Long-Term Care Ombudsman, as defined, whenever the department substantiates that a violation has occurred that poses a serious threat to the health and safety of any resident when the violation results in the assessment of any penalty or causes an accusation to be filed for the revocation of a license. This bill would require a licensed residential care facility for the elderly to provide a prescribed written notice to a resident, the resident's responsible party, if any, and the local long-term care ombudsman under specified conditions. The bill would prescribe civil penalties for violation of specified provisions. (2) Existing law requires a licensee of a licensed residential care facility for the elderly to take all reasonable steps to transfer affected residents safely as a result of the forfeiture of a license or the change of use of the facility pursuant to the department's regulations. This bill would require the licensee to take all reasonable steps to transfer affected residents safely as the result of the revocation of the license. (3) By creating a new crime, this 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.
Who sponsors AB 313?
AB 313 is sponsored by Monning.
What is the current status of AB 313?
This bill has been enacted into law. Introduced February 09, 2011. Enacted.
Where can I track AB 313?
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