Bill Text: CA SB1382 | 2013-2014 | Regular Session | Chaptered
Bill Title: Residential care facilities for the elderly.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 707, Statutes of 2014. [SB1382 Detail]
Download: California-2013-SB1382-Chaptered.html
BILL NUMBER: SB 1382 CHAPTERED
BILL TEXT
CHAPTER 707
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY JUNE 24, 2014
AMENDED IN SENATE MARCH 25, 2014
INTRODUCED BY Senator Block
FEBRUARY 21, 2014
An act to amend Section 1569.185 of the Health and Safety Code,
relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1382, Block. Residential care facilities for the elderly.
Existing law provides for the licensure and regulation of
residential care facilities for the elderly by the State Department
of Social Services. A violation of these provisions is a misdemeanor.
Existing law sets forth the annual licensure fees to operate a
residential care facility for the elderly and various other fees
charged by the department. Existing law requires the department to
deposit the fees collected into the Technical Assistance Fund to be
used by the department, upon appropriation by the Legislature, to
ensure the health and safety of individuals provided care and
supervision by licensees and to support activities of the licensing
program.
This bill would increase the annual licensure fees and would make
related findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The quality of services provided to residents of a residential
care facility for the elderly is dependent on the State Department
of Social Services' ability to continue and enhance its licensing,
regulatory, and disciplinary functions.
(b) After years of budgetary cutbacks, it is now imperative that
the department be revitalized and given adequate resources to support
its mandate to provide consumer protection.
(c) Failure to increase the fee amount will result in continued
lack of supervision and regulatory discipline, which will undermine
the care and services for residents.
SEC. 2. Section 1569.185 of the Health and Safety Code is amended
to read:
1569.185. (a) (1) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a residential care facility for the elderly. After
initial licensure, a fee shall be charged by the department annually
on each anniversary of the effective date of the license.
The fees are for the purpose of financing activities specified in
this chapter. Fees shall be assessed as follows, subject to paragraph
(2):
Fee Schedule
Initial
Capacity Application Annual
1-3 $495.60 $495.60
4-6 $990.00 $495.60
7-15 $1,486.80 $742.80
16-30 $1,980.00 $990.00
31-49 $2,476.80 $1,238.40
50-74 $2,972.40 $1,448.00
75-100 $3,469.20 $1,734.00
101-150 $3,964.80 $1,982.40
151-200 $4,622.40 $2,311.20
201-250 $5,280.00 $2,640.00
251-300 $5,940.00 $2,970.00
301-350 $6,600.00 $3,300.00
351-400 $7,260.00 $3,630.00
401-500 $8,580.00 $4,290.00
501-600 $9,900.00 $4,950.00
601-700 $11,220.00 $5,610.00
701+ $13,200.00 $6,600.00
(2) (A) The Legislature finds that all revenues generated by fees
for licenses computed under this section and used for the purposes
for which they were imposed are not subject to Article XIII B of the
California Constitution.
(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall recommend
to the Legislature that fees established by the Legislature be
adjusted as necessary to ensure that the amounts are appropriate.
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge all of the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by an
individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the current annual fee, in
addition to the current annual fee for that category and capacity
for each year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established current annual fee when a licensee fails to pay the
current annual licensing fee on or before the due date as indicated
by postmark on the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when a
licensee does not implement a plan of correction on or prior to the
date specified in the plan.
(2) A local jurisdiction shall not impose a business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter that serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care or
supervision by licensees and to support the activities of the
licensing programs, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this chapter, and other administrative activities in
support of the licensing program, when appropriated for these
purposes. The revenues collected shall be used in addition to any
other funds appropriated in the annual Budget Act in support of the
licensing program. The department shall adjust the fees collected
pursuant to this section to ensure that they do not exceed the costs
described in this paragraph.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use, as approved by the Department of Finance, to the Chairperson of
the Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each fiscal
year. The department shall submit a budget change proposal to
justify any positions or any other related support costs on an
ongoing basis.
(d) A residential care facility for the elderly may use a bona
fide business check to pay the license fee required under this
section.
(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
