BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2231 (Calderon) - Care facilities: civil penalties
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|Version: June 21, 2016 |Policy Vote: HUMAN S. 4 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 11, 2016 |Consultant: Debra Cooper |
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*********** 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
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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.
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