California 2013-2014 Regular Session Status: Enacted

AB 261 — Residential care facilities for the elderly: fees and charges.

Last action — Chaptered by Secretary of State - Chapter 290, Statutes of 2013.

  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 07, 2013. 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

Existing law provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the State Department of Social Services, including, among other things, regulation of fees and charges. Existing law requires the admission agreement for a residential care facility for the elderly to contain specified elements. Under existing law, a violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a residential care facility for the elderly from requiring advance notice for terminating an admission agreement upon the death of a resident, would prohibit the accrual of any fees once all personal property of the deceased is removed from the facility, and would prohibit the facility from impeding the removal of a deceased resident's personal property, as specified. The bill would require a residential care facility for the elderly to issue a refund of any fees paid in advance, covering the time after a deceased resident's personal property has been removed, within 15 days of that property being removed. The bill would also require a residential care facility for the elderly to, within 3 days of becoming aware of a resident's death, provide written notice to specified persons of the facility's policies regarding contract termination at death and refunds, and to include in the admission agreement the conditions under which those refunds will be issued. The bill would exempt from these provisions fees charged by a continuing care equity project or amounts deducted from entrance fee refunds or repayment, as defined. 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 290, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:15 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2578.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1844.).

  7. Read second time. Ordered to consent calendar.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 6. Noes 0.) (June 25). Re-referred to Com. on APPR.

  10. 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.

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Com. on HUMAN S.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1121.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 17).

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 2). Re-referred to Com. on APPR.

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

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

  20. Referred to Com. on HUM. S.

  21. From printer. May be heard in committee March 10.

  22. Read first time. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Chesbro

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 261 CHESBRO Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 3000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Pan — Yea
Wagner — Yea
Wieckowski — Yea
Daly — Yea
Mansoor — Yea
Alejo — Yea
Nazarian — Yea
Campos — Yea
Dickinson — Yea
Mullin — Yea
Ting — Yea
Weber — Yea
Achadjian — Yea
Bloom — Yea
Allen — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Gray — Yea
Holden — Yea
Mitchell — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Lowenthal — Yea
Logue — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Maienschein — Yea
Medina — Yea
Chau — Yea
Melendez — Yea
Morrell — Yea
Nestande — Yea
Bigelow — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Olsen — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd AB261 Chesbro By Wolk

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Torres — Yea
Walters — Yea
Wright — Yea
Cannella — Yea
De León — Yea
Evans — Yea
Fuller — Yea
Corbett — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Wolk — Yea
Emmerson — Yea
Correa — Not Voting
Wyland — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 261 CHESBRO Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 65003
Democratic 7000
Republican 4000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Levine — Yea
Linder — Yea
Nazarian — Not Voting
Torres — Yea
Wagner — Yea
Williams — Yea
Yamada — Yea
Stone — Yea
Frazier — Yea
Gomez — Yea
Gray — Yea
Ammiano — Yea
Bigelow — Yea
Campos — Yea
Daly — Yea
Eggman — Yea
Gordon — Yea
Atkins — Yea
Gorell — Yea
Mitchell — Yea
Hagman — Yea
Hall — Yea
Bonilla — Yea
Holden — Yea
Jones-Sawyer — Yea
Logue — Yea
Mansoor — Yea
Medina — Yea
Melendez — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Maienschein — Yea
Bocanegra — Yea
Morrell — Yea
Mullin — Yea
John A. Pérez — Yea
Salas — Yea
Nestande — Yea
Perea — Yea
Chau — Yea
Rendon — Yea
Bradford — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Not Voting
Donnelly — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Lowenthal — Not Voting
Dickinson — Yea
Fox — Yea
Gatto — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bigelow — Yea
Bradford — Yea
Linder — Yea
Quirk — Yea
Campos — Yea
Bocanegra — Yea
Gatto — Yea
Gomez — Yea
Harkey — Yea
Holden — Yea
Donnelly — Yea
Pan — Yea
Wagner — Yea
Eggman — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety housing
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 261 do?
Existing law provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the State Department of Social Services, including, among other things, regulation of fees and charges. Existing law requires the admission agreement for a residential care facility for the elderly to contain specified elements. Under existing law, a violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a residential care facility for the elderly from requiring advance notice for terminating an admission agreement upon the death of a resident, would prohibit the accrual of any fees once all personal property of the deceased is removed from the facility, and would prohibit the facility from impeding the removal of a deceased resident's personal property, as specified. The bill would require a residential care facility for the elderly to issue a refund of any fees paid in advance, covering the time after a deceased resident's personal property has been removed, within 15 days of that property being removed. The bill would also require a residential care facility for the elderly to, within 3 days of becoming aware of a resident's death, provide written notice to specified persons of the facility's policies regarding contract termination at death and refunds, and to include in the admission agreement the conditions under which those refunds will be issued. The bill would exempt from these provisions fees charged by a continuing care equity project or amounts deducted from entrance fee refunds or repayment, as defined. 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 261?
AB 261 is sponsored by Chesbro.
What is the current status of AB 261?
This bill has been enacted into law. Introduced February 07, 2013. Enacted.
Where can I track AB 261?
Track AB 261 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 261

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 261

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →