BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 304|
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CONSENT
Bill No: AB 304
Author: Huff (R)
Amended: 5/3/07 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/12/07
AYES: Alquist, Harman, Cogdill, Yee
NO VOTE RECORDED: Romero
ASSEMBLY FLOOR : 74-0, 4/19/07 - See last page for vote
SUBJECT : Community care facilities and residential care
facilities for
the elderly: disaster and mass casualty plans
SOURCE : City of Villa Park
DIGEST : This bill requires licensed community care
facilities and residential care facilities for the elderly
to provide a copy of their disaster and mass casualty plan
to fire, police, civil defense and disaster authorities in
the area upon request.
ANALYSIS :
Existing law:
1. Provides for the licensure and regulation of community
care facilities and residential care facilities for the
elderly, as defined, and provides for criminal sanctions
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for a violation of those provisions.
2. Requires any person desiring issuance of a license for a
community care facility and residential care facilities
for the elderly, or a special permit for specialized
services to file an application with the Department of
Social Services (DSS).
3. Authorizes DSS to adopt rules and regulations to carry
out the purposes and intent of the Community Care
Facilities Act (Act) and to enable DSS to exercise the
powers and perform the duties conferred upon it.
4. Requires, by regulation, every licensee under the Act to
maintain on file a current, written disaster and mass
casualty plan of action, with specified elements.
This bill:
1. Requires that community care facilities and residential
care facilities for the elderly which are licensed or
have a special permit for specialized services provide a
copy of their disaster and mass casualty plan to the
fire department, law enforcement agencies, and civil
defense and other disaster authorities in the area in
which the facility is located upon request by the
entity.
2. Provides that the provision setting forth criminal
penalties for violating rules or regulations promulgated
under the Act not apply to this bill.
Comment
Community care facilities include those for children as
well as adults--child care homes and centers, foster homes
and group homes, transitional housing placement programs,
social rehabilitation facilities and residential care
facilities for the elderly and the chronically ill. As of
February 1, 2007, there were more than 88,000 licensed
facilities with a capacity to serve more than 1.4 million
persons.
DSS, through its Community Care Licensing Division,
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regulates these facilities pursuant to the California
Community Care Licensing Act. Section 800023 of Title 22
of the California Code of Regulations requires community
care licensees to "have and maintain on file a current,
written disaster and mass casualty plan of action." The
plan must include contingency plans in the case of fires,
floods and earthquakes, including means of exiting,
transportation arrangements, relocation sites, arrangements
for supervision of clients and means of contacting local
agencies, "including but not limited to the fire
department, law enforcement agencies, and civil defense and
other disaster authorities."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/12/07)
City of Villa Park (source)
Aging Services of California
California Assisted Living Association
California Child Development Administrators Association
City of Diamond Bar
Community Residential Care Association of California
ARGUMENTS IN SUPPORT : This bill mandates that community
care facilities and residential care facilities for the
elderly provide their disaster and mass casualty plan of
action to local entities or authorities responsible for
providing emergency services, upon request. According to
the author, "Without such information, local emergency
response teams have a more difficult time planning for
disaster if such should occur, since they have no
information on these facilities, their residents, and what
type of care the residents may need in case of disaster."
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,
De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson,
Eng, Evans, Feuer, Fuller, Gaines, Galgiani, Garcia,
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Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,
Huff, Huffman, Jeffries, Jones, Keene, Krekorian, Laird,
Leno, Levine, Lieber, Lieu, Ma, Maze, Mendoza, Mullin,
Nakanishi, Nava, Niello, Parra, Plescia, Portantino,
Price, Richardson, Ruskin, Salas, Saldana, Silva,
Solorio, Spitzer, Strickland, Swanson, Torrico, Tran,
Villines, Walters, Wolk, Nunez
NO VOTE RECORDED: Karnette, La Malfa, Sharon Runner,
Smyth, Soto, Vacancy
CTW:mw 6/14/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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