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2002 Session Proposals

Summary of Proposals of CSL 2002 Session

Updated June 9, 2004

The purpose of the CSL is to develop proposals for legislation at both the state and federal levels. At its Annual Session the CSL holds hearings on the proposals that have been submitted by its members to determine which of those proposals should be carried forward. Finally, the proposals to be carried forward are prioritized to select the top ten state proposals and top four federal proposals.

The results for the 2002 session are provided here. Within groups the proposals are listed in order of proposal number. The complete text of the proposal may be obtained by clicking on the title.

For proposals that have been authored by State legislators, the bill summary is provided. Additional information including the full text of such bills is available through the Bill Information page of the California Legislature information web site. Chaptered (i.e., signed by the Governor) can be found by lookup at the legislature’s Statutes page.

Summaries, without the authored bill information, are available in Acrobat® (pdf) format for convenience in printing: Top Ten Proposals or All Passed Proposals. A free copy of the Acrobat® Reader® may be downloaded directly from the Adobe web site by clicking here.

 

Summary of the Top Ten State Legislative Proposals

AP – Senior Assembly Proposal          SP – Senior Senate Proposal
AB – California Assembly Bill         SB – California Senate Bill
AJR – California Assembly Joint Resolution

AP-3 Senior Assembly Member Lorraine Person: Medi-Cal Share of Cost Reduction.

This proposal revises the formula to determine Medi-Cal share of cost requirements to result in a reduction in the requirement making it equal to the amount that the person’s income exceeds the countable income requirements.

AP-5 Senior Assembly Member Dolores Wright: Medi-Cal Personal and Incidental Needs Allowance Increase.

This proposal provides a ten-dollar increase and cost-of-living increase for the personal and incidental needs allowance for Medi-Cal beneficiaries in skilled nursing facilities.

AP-11 Senior Assembly Member Martin Tucker: Availability of Automated External Defibrillators.

This proposal requires long-term care facilities where the licensed bed capacity exceeds 60 persons, and every senior center to purchase and train personnel in the use of automated external defibrillators.

AB 1369 (Pavley) Residential care facilities for the elderly: automatic external defibrillators

Existing law authorizes the Emergency Medical Services Authority to establish minimum standards for the training and use of automatic external defibrillators by individuals not otherwise licensed or certified for the use of the device.

Under existing law, the State Department of Social Services licenses and regulates residential care facilities for the elderly.

A violation of provisions relating to residential; care facilities and residential care facilities for the elderly is a crime.

This bill, commencing July 1, 2005, and until January 1, 2010, require every residential care facility for the elderly, where the facility’s licensed bed capacity exceeds 60 persons, to acquire and maintain, and train personnel in the use of automatic external defibrillators, as provided in the bill and specified existing law. This bill would also provide that, under specified conditions, except as prescribed, when an employee of a residential care facility for the elderly who uses an automatic external defibrillator to render emergency care or treatment in a manner consistent with the bill, neither the employee, the facility, nor the board of directors of that facility is not liable for civil damages resulting from any acts or omissions in rendering the emergency care or treatment.

This bill would prohibit a facility employee with the responsibility to respond to emergencies from using an automatic external defibrillator on a facility resident who has filed a Request to Forego Resuscitative Measures or a Do Not Resuscitate (DNR) form. The bill would also establish procedures to be used by residential care facilities for the elderly with respect to the dissemination of specified information regarding external automatic defibrillators and the maintenance of lists of those residents who have filed a Request to Forego Resuscitative Measures or a DNR form.

This bill would require the Emergency Medical Services Authority to notify local EMS agencies of the provisions of the bill, and to encourage the local agencies to track the use of automatic external defibrillators in residential care facilities for the elderly.

This bill would provide that, notwithstanding a specified provision of existing law, violation of the bill shall not constitute a misdemeanor.

This bill would also apply certain of its provisions to a residential care facility for the elderly with a licensed capacity of 60 or fewer beds that elects to acquire and, maintain, and train personnel in the use of, an automatic external defibrillator at the facility.

8/18/03: Amended in Judiciary to eliminate criminal provisions, require reporting on use and monthly testing. 8/20/03: Passed by Judiciary and referred to Appropriations. 8/26/03: Amended to provide sunset and change other language. 6/8/04: Amended into an unrelated bill.
Here’s more information!

AP-21 Senior Assembly Member Edward Woods: Adult Daycare Staff Certification.

This proposal requires all 33 Planning Service Areas throughout the state, within their Community Colleges to replicate the curriculum and courses of the Los Angeles Mission College’s adult daycare certification for directors, assistants and aides and set forth specific requirements for certification of these individuals.

AP-29 Senior Assembly Member Van Tipton: Funding for Long-Term Care Ombudsman.

This proposal establishes a $3-per-bed yearly fee on long-term care facilities to be used for funding local ombudsman programs.

AB 1396 (Simitian) Long-term care ombudsman: funding

Existing law establishes the Office of the State Long-Term Care Ombudsman in the California Department of Aging. Under existing law, the office is responsible for, among other things, investigating and resolving complaints and concerns communicated by or on behalf of patients, residents, or clients of long-term care facilities, as defined. Existing law authorizes the department to allocate all federal and state funds for local ombudsman programs according to a specified distribution schedule.

This bill would require the department to impose a $3 per bed annual fee on long-term care facilities for the support of local ombudsman programs.

3/6/03: referred to Aging & Long Term Care.

SP-2 Senior Senator Robert Gallimore: Deductible Long-Term Care Insurance Premiums.

This proposal amends the State Personal Income Tax law to permit full deductibility of long-term care insurance premiums.

SB 121 (Margett) Personal income taxes: long term care

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law. This bill would allow a credit for 30% of the amount paid or incurred by the taxpayer for long-term care or long-term care insurance for the taxpayer or any parent of the taxpayer, up to $300 per taxpayer. This bill would take effect immediately as a tax levy.

2/12/03: referred to Revenue & Taxation. 1/14/04: Failed passage in committee.

SP-8 Senior Senator Richard Lundin: In-Home and Community-Based Medi-Cal Benefits.

This proposal permits persons entitled to Medi-Cal benefits to choose in-home or community-based care rather than institutional care, and that Medi-Cal provides support for those services.

SP-10 Senior Senator Richard H. Griswold: Increased Property Tax Exemption for Seniors.

This proposal increases the homeowner’s property tax exemption for seniors from $7,000 to $17,000.

AB 82 (Dutton) Taxation: homeowners’ property exemption: renter’s credit

Existing property tax law provides, pursuant to the authority of a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined.

This bill would, pursuant to the Legislature’s authority under the California Constitution, increase the amount of this exemption from $7,000 to $32,000 and would, beginning with the January 1, 2005, property tax lien date, annually increase that amount by an inflation factor, as provided.

The Personal and Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in an amount equal to $120 for married couples filing joint returns, heads of household, and heads of household if adjusted gross income is $50,000 or less, and in an amount equal to $60 for other individuals if adjusted gross income is $25,000 or less. The adjusted gross income amounts are adjusted annually for inflation.

This bill would provide that the credit is $370 for married couples, heads of household, surviving spouses, and $185 for all other individuals, would delete the adjusted gross income limitations, and would adjust the credit amount for inflation for taxable years beginning on or after January 1, 2005, as provided.

This bill would take effect immediately as a tax levy.

1/16/03: referred to Revenue & Taxation. 1/12/04: To the suspense file.

AB 211 (Maze) Taxation: homeowners’ property tax exemption: senior citizens

Existing property tax law provides, pursuant to a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined. The California Constitution authorizes the Legislature to increase the amount of the exemption. Existing property tax law reduces the amount of this exemption to the lesser of $5,600 or 80% of the full value of the dwelling, if a claimant for the exemption does not claim the exemption before a specified date.

This bill would, for assessment years beginning on or after January 1, 2004, pursuant to the Legislature’s authority under the California Constitution, increase the amount of this exemption to $17,000 for assessees that are aged 62 years or older. This bill also would, for assessees aged 62 years or older who do not claim the exemption before a specified date, allow an exemption of the lesser of $13,600 or 80% of the full value of the dwelling. By requiring local tax officials to implement new exemption amounts and new exemption criteria, this bill would impose a state-mandated local program.

The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners’ property tax exemption. This bill would state the intent of the Legislature to make this required reimbursement in the annual Budget Act.

The California Constitution requires the Legislature to increase benefits for qualified renters whenever the Legislature increases the homeowners’ property tax exemption. This bill would state the intent of the Legislature to implement a program to meet this requirement for qualified renters.

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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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.

This bill would take effect immediately as a tax levy.

2/7/03: referred to Revenue & Taxation. 3/25/03: amended in committee. 2/4/4: Died.

AB 2357 (Plescia) Taxation: homeowners’ property tax exemption: senior citizens

Existing property tax law provides, pursuant to a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined. The California Constitution authorizes the Legislature to increase the amount of the exemption. Existing property tax law reduces the amount of this exemption to the lesser of $5,600 or 80% of the full value of the dwelling, if a claimant for the exemption does not claim the exemption before a specified date.

This bill would, for assessment years beginning on or after January 1, 2005, pursuant to the Legislature’s authority under the California Constitution, increase the amount of this exemption to $10,000 for assessees that are age 62 years or older. This bill, for assessment years beginning on or after January 1, 2005, also would, for assessees age 62 years or older who do not claim the exemption before a specified date, allow an exemption of the lesser of $8,000 or 80% of the full value of the dwelling. By requiring local tax officials to implement new exemption amounts and new exemption criteria, this bill would impose a state-mandated local program.

The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners’ property tax exemption.

This bill would state the intent of the Legislature to make this required reimbursement in the annual Budget Act.

The California Constitution requires the Legislature to increase benefits for qualified renters whenever the Legislature increases the homeowners’ property tax exemption.

This bill would state the intent of the Legislature to implement a program to meet this requirement for qualified renters.

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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.

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.

This bill would take effect immediately as a tax levy.

3/4/04: Referred to Committee on Taxation.

SP-21 Senior Senator Marion Faustman: Area Agency on Aging Funding.

This proposal authorizes the State, in the event of a delayed budget, to borrow funds necessary to pay area agencies on aging moneys due them.

AB 1 (Berg) Area Agencies on Aging: funding

Existing law designates area agencies on aging as local units on aging in California, which are financially supported by a variety of sources, including federal funding, state and local government assistance, the private sector, and individual contributions.

This bill would continuously appropriate from the Federal Trust Fund to the California Department of Aging, in the absence of enactment of the annual Budget Act by July 1 of a fiscal year, the amount of federal funds contained in the Federal Trust Fund that is necessary for the administration of programs under the jurisdiction of the area agencies on aging, pending enactment of the Budget Act.

The bill would declare that it is to take effect immediately as an urgency statute.
Supported by TACC.

2/2/04: Died in committee.

AB 41 (Daucher) Area Agencies on Aging: funding

Existing law designates area agencies on aging as local units on aging in California, which are financially supported by a variety of sources, including federal funding, state and local government assistance, the private sector, and individual contributions.

This bill would create in the State Treasury the Senior Citizens Services Interim Payment Fund, which would be continuously appropriated to the California Department of Aging, into which a sum not to exceed $22,000,000 would be transferred from the Federal Trust Fund during any year in which a budget is not enacted by June 30 of the year preceding the fiscal year to which the budget would apply. Moneys in this interim fund would be used to make payments to area agencies on aging and providers of specified services to the elderly, for services provided on or after July 1 of the fiscal year for which no budget has been enacted and before September 1 of that year.

The bill would declare that it is to take effect immediately as an urgency statute.

3/19/03: do pass in Aging & Long Term Care, referred to Appropriations. 4/2/03: On suspense file.

SP-26 Senior Senator Irene Tonello: Senior Legislature Funding.

This proposal provides permanent funding for the CSL through general fund appropriations and removes the tax check-off item from the State tax form.

AB 132 (Chavez) Income taxes: designated contributions

The Personal Income Tax Law authorizes taxpayers to contribute amounts in excess of their tax liability to be deposited into specified funds for the support of various charitable organizations. These contribution designations appear as a line item on the personal income tax form. Existing law authorizes new charitable designations to be placed on the personal income tax form, but only after an existing designation has expired or is removed from the personal income tax form.

This bill would prioritize the addition of authorized charitable designations to the tax form on the basis of the order of chaptering, starting with the earliest chaptered enactment. This bill would also authorize the Franchise Tax Board to add one or more voluntary contribution designations to the tax form, if the board determines that space is available on the tax return to accommodate the additional voluntary contribution designation.

8/4/03: Statutes of 2003, Chapter 170

AB 137 (Correa) Income taxes: senior citizens

Under the Personal Income Tax Law, taxpayers are allowed, until January 1, 2005, to contribute amounts in excess of their tax liability for the support of the California Fund for Senior Citizens. Existing law provides for the repeal of the contribution provisions for these funds either on the January 1 following the calendar year for which the Franchise Tax Board estimates that the minimum contribution amount will be less than a prescribed amount or on January 1, 2005, whichever occurs first.

This bill would extend the operation of those contribution provisions until January 1, 2010.

9/17/03: Statutes of 2003, Chapter 376

 

Summary of Top Four Federal Proposals

AFP – Senior Assembly Federal Proposal        SFP – Senior Senate Federal Proposal

 

AFP-2 Senior Assembly Member Lorraine Person: Medicare Prescription Drug Discount.

This proposal requires that all holders of valid Medicare cards receive a standard 20 percent reduction, as adjusted for inflation, in the cost of pharmaceutical prescriptions be given to.

SFP-1 Senior Senator Jim Levy: Dental, Vision, and Hearing Medicare Benefits.

This proposal expands Medicare coverage to include routine dental, vision, and hearing examinations and treatments.

SFP-3 Senior Senator Marnelle White: Tax Deduction for Long-Term Care Insurance.

This proposal makes Long-term Care Insurance premiums fully deductible regardless of income, medical expenses or age of the covered individual.

AJR 8 (Mountjoy) Federal income tax deductions: long-term care insurance premiums

Existing federal income tax law limits the deduction of qualified long-term care insurance premiums on the basis of, among other things, the income of the taxpayer, the total annual amount paid for medical expenses by the taxpayer, and the age of the individual covered by the qualified long-term care insurance policy or contract.

This measure would memorialize the Congress and the President to enact legislation that would mandate the total deductibility of all long-term care insurance premiums paid by a taxpayer regardless of either the income of the taxpayer, the total amount paid by the taxpayer for medical expenses, or the age of the individual covered by the qualified long-term care insurance policy or contract.

7/16/03: Failed in Senate Revenue and Taxation; will be reconsidered.

SFP-4 Senior Senator Perry Benson: Limit on Social Security Earnings and Investments.

This proposal repeals the cap on earnings subject to Social Security Tax and limits investment of these funds to specific government investments.

 

Summary of the Other State Legislative Proposals

AP – Senior Assembly Proposal          SP – Senior Senate Proposal
AB – California Assembly Bill

 

AP-1 Senior Assembly Member Lawrence Hartmann: Drug Cost Disclosure.

This proposal requires pharmacies to list on the receipt the cash price for a prescription for a senior citizen in addition to the customer’s co-pay.

AP-8 Senior Assembly Member William Choate: Older Person Access to Physicians.

This proposal requires health care service plans to allow older patients access to medical services of any state-licensed health care professionals of their choice regardless if they are under contract to the plan or not.

AP-10 Senior Assembly Member Craig Orange: Pharmacist Geriatric Training.

This proposal requires pharmacy schools to include the study of geriatrics showing the relationship between patient’s age and medication effectiveness.

AP-14 Senior Assembly Member Arnold Roth: Public Transportation System Database.

This proposal develops a statewide database of public transportation systems.

AP-15 Senior Assembly Member Edward Woods: Un-inherited Estate Affordable Housing.

This proposal allows an estate without heirs to be used for senior citizen affordable housing.

AP-16 Senior Assembly Member Marvin Goldman: Senior Housing Requirements.

This proposal requires the Department of Housing and Community Development to recognize the construction of senior congregate housing as an expansion of the housing stock of the State and accept the construction of senior congregate housing as fulfilling a city or county’s fair share.

AP-17 Senior Assembly Member Arnold Roth: Regional Point-to-Point Transportation Systems.

This proposal provides four regional transportation systems funded by those who will benefit from maintaining people in their own homes with fees proportional to the services rendered using volunteer help where possible.

AP-18 Senior Assembly Member Edward Woods: Senior Housing on Decommissioned Military Bases.

This proposal establishes the California Temporary Military Affordable Housing Authority to examine and select housing units on decommissioned military bases for renovation and leasing as affordable senior housing.

AP-27 Senior Assembly Member Sally Wieck: Availability of Autopsies.

This proposal requires the State to produce and distribute educational brochures for placement in nursing homes, convalescent hospitals, mental illness facilities, and general hospitals to inform the public of how and where to get autopsies performed.

AP-28 Senior Assembly Member Vernon Jones: Base Line Utility Usage Increase for Seniors.

This proposal increases the proportion of baseline quantities of utility usage that seniors may use be increased above 130 percent.

AP-30 Senior Assembly Member Sally Acosta: Identity Theft Prevention Commission.

This proposal establishes a commission to study identity theft problems including the collection and dissemination of the information. This proposal requires long-term care insurers to offer non-cancelable policies and renewability provisions and requires Department of Insurance approval for certain provisions.

SP-1 Senior Senator Jim Levy: Long-Term Care Insurance Regulation.

This proposal requires long-term care insurers to offer non-cancelable policies and renewability provisions and requires Department of Insurance approval for certain provisions.

SP-5 Senior Senator Mathew Ross: Adult Day Health Care Mental Health Services.

This proposal develops a set of recommended standards for serving mental health needs, increases the capacity of field offices to evaluate and approve services, and permits adult day health care to provide mental health services.

SP-6 Senior Senator John Hopkins: In-Home Personal Emergency Response Systems.

This proposal requires the Department of Aging to conduct a survey of the need of elderly and disabled for personal emergency response systems and provides funding for the purchase and installation for those unable to afford it.

SP-9 Senior Senator Anne Mack: Prescription Drug Labeling Cautions.

This proposal requires pharmacists to include large-print information regarding interactions with alcohol and other medications.

AB 521 (Diaz) Prescription drug warnings

Existing law, the Pharmacy Law, requires a pharmacist to inform a patient, orally or in writing, of certain information about the harmful effects of a prescription drug taken in combination with alcohol. Existing law makes the violation of the Pharmacy Law a crime.

This bill, commencing on January 1, 2006, would require that, if the information is provided in writing on request of the patient, it be in at least 12-point type.

Because a violation of this requirement would be punishable as 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.

6/5/03: Passed in Assembly following its amendment merely requiring large type.

6/19/03: Assigned to Business and Professions.

SP-12 Senior Senator Marianne Mannia: Residential Care Facility Services.

This proposal requires a supportive environment assessment and documentation program, a full contractual content service disclosure, and an ombudsman quality of life training program for residential care facilities.

AB 528 (Mullin) Alzheimer’s disease: dementia: 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. Existing law requires the director of the department to adopt regulations for these facilities.

This bill would provide that residential care facilities for the elderly that serve residents with Alzheimer’s disease and other forms of dementia should include information on sundowning as part of the training for direct care staff, and should include in the plan of operation a description explaining activities that are available for residents to decrease the effects of sundowning, including, but not limited to, increasing outdoor activities in appropriate weather conditions. This bill would define sundowning to mean a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening.

5/22/03: passed in Assembly 49/25.

8/27/03: passed Senate 23/14.

9/17/03: Statutes of 2003, Chapter 383

SP-13 Senior Senator George Winslow: Homeowner’s Rights.

This proposal provides homeowners in mobilehome parks the first right of refusal when parks are sold under specified conditions.

SP-17 Senior Senator Mary Dennison: Mental Health Care Continuing Education.

This proposal requires continuing education courses on mental health care and psychotropic medications to family practitioners and primary care physicians.

SP-19 Senior Senator Joanna Kim-Selby: Senior Citizen Medicine Management.

This proposal authorizes pharmacists to review medicine management for seniors.

SP-20 Senior Senator Richard Lundin: Long-Term Care Ombudsman Funding.

This proposal establishes a bond measure to professionalize the Long-term Care Ombudsman Program.

SP-22 Senior Senator J. Pasqual Bettio: Senior Achievement Recognition.

This proposal designates May 11th as “Senior Achievement Day” and provides 1,000 awards of merit for senior lifetime achievements.