BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2231 (Calderon) - Care facilities:  civil penalties
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: June 21, 2016          |Policy Vote: HUMAN S. 4 - 0     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: August 11, 2016   |Consultant: Debra Cooper        |
          |                                |                                |
           ----------------------------------------------------------------- 


          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                     adopted by the committee on August 11, 2016






          Bill  
          Summary:  AB 2231 would increase the civil penalties to licensed  
          community care facilities and impose civil penalties for repeat  
          violations. This bill would delete the provisions that authorize  
          the Department of Social Services (DSS) to impose these civil  
          penalties and instead would make them mandatory. This bill would  
          require DSS to make a good faith effort to work with the  
          licensee to determine the cause of deficiency and prevent repeat  
          violations. This bill would also require civil penalties to be  
          due and payable when administrative appeals have been exhausted  
          and to be subject to late fees, except as specified.


          Fiscal  







          AB 2231 (Calderon)                                     Page 1 of  
          ?
          
          
          Impact:  
           Estimated one-time costs to DSS of $438,000 for fiscal year  
            2016-17 and ongoing costs of $378,000 per year for  
            administrative costs, enforcement, and addressing the  
            anticipated increase in appeals generated by the new penalty  
            structure. (GF)


           One-time costs potentially in excess of $150,000 to DSS to  
            revise regulations and make penalty system adjustments for  
            licensed community care facilities. (GF)


           Potential revenue to DSS from assessing civil penalties for  
            violations. (Child Health and Safety Fund)


          Author  
          Amendments:  Clarifies that DSS may reduce the civil penalty for  
          a cited repeat violation to the level of the underlying  
          violation if the department determines that the cited repeat  
          violation is not substantially similar to the original  
          violation.


                                      -- END --