California 2013-2014 Regular Session Status: Enacted

AB 2236 — Care facilities: civil penalties.

Last action — Chaptered by Secretary of State - Chapter 813, Statutes of 2014.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2014. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes the department to impose various civil penalties for licensing violations. This bill would, commencing July 1, 2015, increase the amount of civil penalties that may be imposed for a violation that the department determines results in the death of, or serious bodily injury or physical injury to, a resident or child at the care facility. This bill would, in those cases, require that the decision to issue the citation be approved by the director prior to the issuance of the citation. This bill would require the department to adopt regulations setting forth the appeal procedures for deficiencies. The bill would require that a licensee has the right to submit to the department a written request for a formal review of a civil penalty assessed for the death of, or serious bodily injury or physical injury to, a resident or child at the care facility within 10 days of receipt of the notice of the civil penalty assessment. The bill would require the first review to be conducted by a regional manager of the department's Community Care Licensing Division (CCLD) , who can uphold, amend, or dismiss the civil penalty and would require the licensee to be notified of the regional manager's decision within 60 days of the licensee's request. The licensee may further appeal to the CCLD's program administrator and deputy director, and to an administrative law judge, as specified. This bill would require the department, by January 1, 2016, to amend its regulations to reflect the changes to law made by this bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 813, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6679.).

  5. Assembly Rule 77 suspended. (Page 6667.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4932.).

  8. Ordered to third reading.

  9. From committee: Return to Senate floor for consideration. (Ayes 3. Noes 0.) (August 27).

  10. From committee: Be re-referred to Com. on HUMAN S. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on HUMAN S.

  11. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  12. Read second time. Ordered to third reading.

  13. Read third time and amended. Ordered to second reading.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 5. Noes 0.) (August 14).

  16. In committee: Placed on APPR. suspense file.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 24). Re-referred to Com. on APPR.

  18. Referred to Com. on HUMAN S.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5230.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 16. Noes 0.) (May 23).

  23. Joint Rule 62(a), file notice suspended. (Page 5065.)

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. In committee: Hearing postponed by committee.

  26. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 29). Re-referred to Com. on APPR.

  27. Re-referred to Com. on HUM. S.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  29. Re-referred to Com. on HUM. S.

  30. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  31. Referred to Com. on HUM. S.

  32. Read first time.

  33. From printer. May be heard in committee March 25.

  34. Introduced. To print.

Sponsors

  • Chávez · Cosponsor
  • Maienschein · Primary
  • Mark Stone · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Maienschein

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2236 MAIENSCHEIN Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 69003
Democratic 4000
Republican 3000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nestande — Yea
Rodriguez — Yea
Ting — Yea
Wilk — Yea
Allen — Yea
Lowenthal — Yea
Frazier — Yea
Gatto — Yea
Garcia — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Gorell — Yea
Fong — Yea
Campos — Yea
Chesbro — Yea
Bonilla — Yea
Hagman — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Yea
Bocanegra — Yea
Medina — Yea
John A. Pérez — Yea
Melendez — Yea
Salas — Yea
Mullin — Yea
Bigelow — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Nazarian — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Wagner — Yea
Waldron — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Chau — Yea
Conway — Yea
Donnelly — Not Voting
Fox — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2236 Maienschein By Beall

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2001
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Lieu — Yea
Morrell — Yea
Vidak — Yea
Wyland — Yea
Evans — Yea
Cannella — Yea
Galgiani — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mitchell — Yea
Beall — Yea
Correa — Yea
Nielsen — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Corbett — Yea
Wright — Not Voting
Knight — Yea
De León — Not Voting
Monning — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Not Voting
Hancock — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
Hill — Yea
De León — Yea
Walters — Not Voting
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2236 MAIENSCHEIN Assembly Third Reading

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Skinner — Yea
Wagner — Yea
Campos — Yea
Fox — Yea
Frazier — Yea
Gordon — Yea
Holden — Yea
Allen — Yea
Bonilla — Yea
Ammiano — Yea
Mullin — Yea
Olsen — Yea
Quirk — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Gatto — Yea
Hall — Yea
Gray — Yea
Harkey — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Lowenthal — Yea
Logue — Yea
Garcia — Yea
Medina — Yea
Atkins — Yea
Fong — Yea
Melendez — Yea
Nestande — Yea
Chau — Yea
Chesbro — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Waldron — Yea
Wieckowski — Yea
Williams — Yea
Daly — Yea
Dickinson — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Republican 1000
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Holden — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Wagner — Yea
Weber — Yea
Campos — Yea
Bocanegra — Yea
Eggman — Yea
Gomez — Yea
Linder — Yea
Donnelly — Not Voting
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2236 do?
Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes the department to impose various civil penalties for licensing violations. This bill would, commencing July 1, 2015, increase the amount of civil penalties that may be imposed for a violation that the department determines results in the death of, or serious bodily injury or physical injury to, a resident or child at the care facility. This bill would, in those cases, require that the decision to issue the citation be approved by the director prior to the issuance of the citation. This bill would require the department to adopt regulations setting forth the appeal procedures for deficiencies. The bill would require that a licensee has the right to submit to the department a written request for a formal review of a civil penalty assessed for the death of, or serious bodily injury or physical injury to, a resident or child at the care facility within 10 days of receipt of the notice of the civil penalty assessment. The bill would require the first review to be conducted by a regional manager of the department's Community Care Licensing Division (CCLD) , who can uphold, amend, or dismiss the civil penalty and would require the licensee to be notified of the regional manager's decision within 60 days of the licensee's request. The licensee may further appeal to the CCLD's program administrator and deputy director, and to an administrative law judge, as specified. This bill would require the department, by January 1, 2016, to amend its regulations to reflect the changes to law made by this bill.
Who sponsors AB 2236?
AB 2236 is sponsored by Chávez, Maienschein, and Mark Stone.
What is the current status of AB 2236?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2236?
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