BILL ANALYSIS
AB 304
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 304 (Huff)
As Amended May 3, 2007
Majority vote
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|ASSEMBLY: |74-0 |(April 19, |SENATE: |38-0 |(June 18, |
| | |2007) | | |2007) |
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Original Committee Reference: HUM. S.
SUMMARY : Requires licensed community care facilities and
residential care facilities for the elderly to provide a copy of
their disaster and mass casualty plans to fire, police, and
disaster authorities in the area upon request.
The Senate amendments :
1)Provide that the Department of Social Services (DSS) is not
required to monitor compliance with the provision of disaster
and mass casualty plans as part of its regulatory monitoring
function.
2)Add residential care facilities for the elderly to those
required to provide their disaster and mass casualty plans to
designated agencies and authorities.
EXISTING LAW :
1)Provides for the licensure and regulation of community care
facilities and for criminal sanctions for a violation of those
provisions.
2)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.
AS PASSED BY THE ASSEMBLY, this bill:
1)Required that community care facilities 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
AB 304
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is located upon request by the entity.
2)Provided that the provision setting forth criminal penalties
for violating rules or regulations promulgated under the
California Community Care Facilities Act (Act) shall not apply
to this bill.
FISCAL EFFECT : Insignificant; reported to the Senate Floor
pursuant to Senate Rule 28.8.
COMMENTS : This bill mandates that community care facilities and
residential care facilities for the elderly provide upon request
their disaster and mass casualty plan of action to local
entities or authorities responsible for providing emergency
services. 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."
Community care facilities include those for children as well as
adults: child care homes and centers, group homes, foster
homes, transitional housing placement programs, social
rehabilitation facilities, and residential care facilities for
the elderly and chronically ill. As of February 1, 2007, there
were over 88,000 licensed facilities with a capacity to serve
over 1.4 million persons.
DSS, through its Community Care Licensing Division, regulates
these facilities pursuant to the 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." This bill
requires this plan to be furnished to these designated local
agencies upon their request.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
AB 304
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FN: 0001540