BILL NUMBER: AB 304 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2007
INTRODUCED BY Assembly Member Huff
FEBRUARY 9, 2007
An act to add Section 1520.7 to the Health and Safety Code,
relating to community care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 304, as amended, Huff. Community care facilities: disaster and
mass casualty plans.
Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of community care
facilities, as defined, and provides for criminal sanctions for a
violation of those provisions. Existing law requires any person
desiring issuance of a license for a community care facility or a
special permit for specialized services to file with the State
Department of Social Services, an application on a prescribed form,
containing specified information.
This bill would , on and after January 1, 2008, require
any person applying for a license for a community care facility or a
special permit for specialized services pursuant to those provisions
to provide a copy of the plan to any appropriate local entity or
authority responsible for providing emergency services in the area or
community in which the facility is located. The bill would
require a community care facility that was
is licensed or received has a
special permit for specialized services on or before January
1, 2008, to, no later than January 1, 2009, to
provide a copy of the plan to any appropriate local entity or
authority responsible for providing emergency services in the area or
community in which the facility is located , upon request of
the local entity or authority . By imposing a new
requirement on community care facilities, a violation of which would
be a crime, the 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.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1520.7 is added to the
Health and Safety Code , to read:
1520.7. Every community care facility that is licensed or has a
special permit for specialized services pursuant to Section 1525
shall provide a copy of the plan to any appropriate local entity or
authority responsible for providing emergency services in the area or
community in which the facility is located, upon request by the
local entity or authority. Section 1540 shall not apply to this
section.
SECTION 1. Section 1520.7 is added to the
Health and Safety Code, to read:
1520.7. (a) In addition to the requirements of Section 1520, on
and after January 1, 2008, any person applying for a license for a
community care facility or a special permit for specialized services
under this chapter shall provide a copy of the plan to any
appropriate local entity or authority responsible for providing
emergency services in the area or community in which the facility is
located.
(b) A community care facility that was licensed or received a
special permit for specialized services pursuant to Section 1520
before January 1, 2008, shall, no later than January 1, 2009, provide
a copy of the plan to any appropriate local entity or authority
responsible for providing emergency services in the area or community
in which the facility is located.
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.
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