BILL NUMBER: AB 1142INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chesbro (Coauthors: Assembly Members Halderman and Bonnie Lowenthal) FEBRUARY 18, 2011 An act to add Section 1569.652 to the Health and Safety Code, relating to residential care facilities for the elderly. LEGISLATIVE COUNSEL'S DIGEST AB 1142, as introduced, Chesbro. Residential care facilities for the elderly. Existing law provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the State Department of Social Services. Under existing law, a violation of these provisions is punishable as a misdemeanor. This bill would prohibit a residential care facility for the elderly from assessing personal care fees upon notice of the death of a resident, and prohibit the facility from assessing fees for the residential living unit of a deceased resident once it is vacated and all personal property is removed. By expanding the definition of a crime, this bill would result in 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 1569.652 is added to the Health and Safety Code, to read: 1569.652. A residential care facility for the elderly shall not do either of the following: (a) Assess personal care fees upon notice of the death of a resident. (b) Assess fees for the residential living unit of a deceased resident once the unit is vacated and all personal property is removed. SEC. 2. 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.