BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1240|
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THIRD READING
Bill No: AB 1240
Author: Mullin (D)
Amended: 8/27/04 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 6/1/04
AYES: McPherson, Burton, Margett, Romero
NO VOTE RECORDED: Vasconcellos, Sher
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 1/29/04 - See last page for vote
SUBJECT : Care facilities: criminal record clearances
SOURCE : Department of Social Services
DIGEST : This bill increases the penalties for failure to
comply with the background check requirements and related
regulations by a person with a license to provide care in a
community care facility, residential care facility or day
care center.
Senate Floor Amendments of 8/27/04 make a technical change.
Senate Floor Amendments of 8/26/04 add chaptering language.
SB 1104 (Budget and Fiscal Review) was an urgency bill
signed August 16, 2004 (Chapter 229). This bill would
chapter out some of the law created by SB 1104 if it were
signed. These amendments take care of those chaptering
problems.
CONTINUED
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Senate Floor Amendments of 8/23/04 added technical
clarifying language.
ANALYSIS : Existing law requires, as a condition of the
State Department of Social Services or other licensing
agency issuing a license, permit, or certificate of
approval, as appropriate, for a person to operate or to
provide direct care services in a community care facility,
residential care facility for persons with a chronic
life-threatening illness, residential care facility for the
elderly, or day care facility, the fingerprinting of, and
criminal record clearance for, applicants and persons to be
employed by, reside at, or be present in any of these
facilities, except as specified.
Under existing law, an individual is required to obtain
either a criminal record clearance from the Department of
Justice or a criminal record exemption from the State
Department of Social Services before his or her initial
presence in a community care facility. Under existing law,
a violation of that requirement results in the citation of
deficiency and the immediate assessment of civil penalties
in the amount of $100 per violation. The department is
authorized to assess additional civil penalties for
continued violations.
Existing law specifies that a licensee's failure to submit
fingerprints to the Department of Justice or to transfer a
current criminal record clearance, when required, results
in the citation of deficiency and the immediate assessment
of civil penalties in the amount of $100 per violation.
The State Department of Social Services is authorized to
assess additional civil penalties for continued violations.
Existing law specifies that a licensee's failure to comply
with the department's prohibition of employment, contact
with clients, or presence in the facility shall be grounds
for denying an application for, or suspending or revoking,
a license.
This bill enhances the penalties for violating any of the
above provisions by providing that a violation results in a
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citation of deficiency and the immediate assessment of
civil penalties in the amount of $100 per violation, per
day, for a maximum of five days, or for a maximum of 30
days in the case of a second or subsequent violation, and
by providing that a violation be grounds for denying an
application for, or suspending or revoking, a license or
administrator certificate.
This bill makes conforming and clarifying changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/4/04)
Department of Social Services (source)
California Assisted Living Association (if amended)
ARGUMENTS IN SUPPORT : According to the author's office:
"[o]ngoing civil penalties are needed to more
seriously impress on licensees the importance of not
permitting those persons without criminal record
clearance or exemption to be present in licensed
facilities."
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Campbell, Canciamilla, Chan, Chavez, Chu,
Cogdill, Cohn, Corbett, Correa, Cox, Daucher, Diaz,
Dutra, Dutton, Dymally, Firebaugh, Frommer, Garcia,
Hancock, Harman, Haynes, Jerome Horton, Shirley Horton,
Houston, Jackson, Keene, Kehoe, Koretz, La Malfa, La
Suer, Laird, Leno, Leslie, Levine, Lieber, Liu,
Longville, Lowenthal, Maddox, Maldonado, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nakano,
Nation, Negrete McLeod, Nunez, Oropeza, Pacheco, Parra,
Pavley, Plescia, Reyes, Richman, Ridley-Thomas, Runner,
Salinas, Samuelian, Simitian, Spitzer, Steinberg,
Strickland, Vargas, Wiggins, Wolk, Wyland, Yee
NO VOTE RECORDED: Goldberg, Wesson
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RJG:nl 8/27/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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