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2003 Session Proposals

Summary of Proposals of CSL 2003 Session

Updated October 3, 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. Proposals in 2003 were not prioritized.

The results for the 2003 session are provided here. Within each group the proposals are listed in order of proposal number. The complete text of the proposal may be obtained by clicking on the title. Chaptered (i.e., signed by the Governor) can be found by lookup at the legislature’s Statutes page.

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 by clicking on the bill number.

A summary list is available in Acrobat® (pdf) format for convenience in printing: 2003 Proposals. A free copy of the Acrobat® Reader® may be downloaded directly from the Adobe web site by clicking here.

 

Summary of the State Legislative Proposals

AP – Senior Assembly Proposal

SP – Senior Senate Proposal

AB – California Assembly Bill

ACR – California Assembly Concurrent Resolution

AJR – California Assembly Joint Resolution

SB – California Senate Bill

 

AP-1 Senior Assembly Member Austin E. Lucero: Hearing Aid Costs.

This proposal requires hearing aid providers to charge actual costs approved by the Department of Health Services.

AP-4 Senior Assembly Member Marcia Gould: Purpose of Prescriptions.

This proposal requires that all prescriptions contain a notice of the intended purpose of the drug, unless omitted by the patient.

AB 2125 (Levine) Prescriptions: requisite information

Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under the act, a physician and surgeon is generally required to examine a patient prior to prescribing, dispensing, or furnishing a dangerous drug to him or her. The act makes a failure to comply with this requirement unprofessional conduct. Under the act, the board through its Division of Medical Quality, is required to take disciplinary action against a physician and surgeon for unprofessional conduct, which includes a violation of the act’s regulatory provisions. The act also makes a violation of those provisions punishable as a crime. Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacy practices by the California State Board of Pharmacy. Under that law, a pharmacist is required to include specified information on the container label before dispensing a prescription including, if requested by the patient, the condition for which the drug was prescribed.

This bill would require a physician and surgeon, unless directed otherwise by the patient, to indicate the patient’s diagnosis on each prescription. The bill would also require a pharmacist to include this information on the container’s label, unless directed otherwise by the patient.

Because the bill would specify an additional regulatory requirement under the Medical Practice Act, the violation of which would be a crime, it 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.

3/18/04: Health Committee.

AP-5 Senior Assembly Member Donald W. Mann: Skilled Nursing Facility Patient Examinations.

This proposal requires each charge nurse in a skilled nursing facility to conduct at each shift change physical evaluations of each patient under their charge.

AP-6 Senior Assembly Member Dolores Olsen: Disabled Telephone Service Certification.

This proposal authorizes secondary health service providers to certify eligibility for disabled access telecommunications programs.

AP-7 Senior Assembly Member Dolores G. Wright: Skilled Nursing Facility Dental Screening.

This proposal requires that a dental hygienist examination be included in the formulation of a personalized treatment plan for prospective residents of skilled nursing facilities.

AP-8 Senior Assembly Member Betty A. Mulholland: ADA Transportation Availability.

This proposal requires ADA transportation systems to educate their employees regarding ADA requirements and to publish the availability of ADA systems in the media.

AP-11 Senior Assembly Member Donna Ambrogi: Long-Term Care Facility Civil Liability.

This proposal increases the civil liability limits of skilled nursing and intermediate care facilities from $500 to $5,000 and applies it to both current and former residents and to an expanded scope of rights.

AB 2611 (Simitian) Elder and dependent adult abuse

(1) Existing law proscribes crimes against elder and dependent adults involving physical and financial abuse.

Existing law establishes criminal penalties for the willful abuse of an elder or dependent adult, when the person who permits or inflicts the abuse has knowledge that the victim is an elder or dependent adult.

Under existing law, with respect to theft, embezzlement, forgery, fraud, or identity theft perpetrated against an elder or dependent adult by certain persons, the applicable fine or imprisonment is determined based on whether the money, labor, goods, services, or real or personal property taken or obtained exceeds a value of $400.

This bill would make technical changes to these provisions. This bill would also raise the $400 threshold amount to $800, only if AB 2705 is enacted and becomes effective on or before January 1, 2005. This bill would provide that in any case in which a person is convicted of violating these provisions the court may order, as a condition of probation, that the defendant be placed in an appropriate counseling program. This bill would require the defendant to pay the expense of his or her participation in the counseling program, as specified.

By changing the definition of an existing crime and increasing probation supervision duties, this bill would impose a state-mandated local program.

(2) Existing law includes provisions relating to the award of attorney’s fees and costs, and damages to a plaintiff, when it is proven by clear and convincing evidence that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse.

This bill would revise these provisions to change the standard of proof for the commission of financial abuse to a preponderance of the evidence, but to permit additional recovery where there is clear and convincing evidence of recklessness, oppression, fraud, or malice.

(3) 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.

9/29/04: Statutes of 2004, Chapter 886.

AB 2791 (Simitian) Skilled nursing and intermediate care facilities: training

Existing law requires a skilled nursing and intermediate care facility to adopt an approved training program that meets standards established by the State Department of Health Services.

Existing law requires that 6 hours of the precertification classroom training focus on preventing, recognizing, and reporting resident abuse. Existing law requires that 4 hours of continuing education and in-service training for certified nursing assistants address preventing, recognizing, and reporting resident abuse. Violation of these requirements is a crime under existing law.

This bill would additionally require one hour of precertification classroom training addressing the prevention, recognition, and reporting of residents’ rights violations. This bill would provide that the continuing education and in-service training for certified nursing assistants includes instruction on preventing, recognizing, and reporting residents’ rights violations. By changing the definition of a crime, this bill would impose a state-mandated local program.

Existing law authorizes a resident or patient of a skilled nursing facility or intermediate care facility to bring a civil action against the licensee of a facility that violates any rights of the resident or patient as set forth in the Patients Bill of Rights. Existing law provides that the licensee is liable for up to $500, and for costs and attorney fees, and may be enjoined from permitting the violation to continue.

This bill would make technical, nonsubstantive changes to that provision.

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.

8/25/04: Statutes of 2004, Chapter 270.

AP-12 Senior Assembly Member Donald W. Mann: IHSS Caregiver Background Checks.

This proposal requires IHSS caregivers to submit fingerprints and undergo a background criminal history check to determine suitability.

AB 2534 (Bates) IHSS providers: criminal background checks

Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes.

Existing law requires a nonprofit consortium or public authority to provide for various functions, including investigating the qualifications and background of potential personnel.

Existing law provides that the Department of Justice shall secure any criminal record of a person to determine whether the person has been convicted within the last 10 years of, among other offenses, any felony if an employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. Under existing law, a recipient of in-home supportive services is within the definition of employer for those purposes.

Existing law separately requires the Department of Justice to furnish various agencies and entities with a person’s state summary criminal history information when that information is used for employment, licensing, or certification purposes.

Existing law requires a county to notify IHSS recipients and applicants upon application or the annual redetermination, or upon the changing of providers, of the availability of the criminal record check, and that it can be performed by the Department of Justice.

This bill would include among those functions to be provided by the nonprofit consortium or public authority criminal background checks requested by the nonprofit consortium or public authority and conducted by the Department of Justice. The bill would prohibit the charging of a fee to a provider, potential personnel, or a recipient of services, to cover administrative costs related to obtaining the criminal background checks, or the cost to the Department of Justice or any law enforcement agency for processing the criminal background checks. This bill would provide that it is not to be construed to prohibit the Department of Justice from assessing a fee to cover the cost of furnishing summary criminal history information pursuant to existing law.

4/22/04: To Appropriations

AP-14 Senior Assembly Member Helen Karr: Elder Abuse Prevention Month.

This proposal would proclaim the month of May every year as Elder and Dependent Adult Abuse Prevention Month and call on all Californians to take action to prevent mistreatment.

ACR 154 (Matthews) Elder and Dependent Abuse

This measure would proclaim the month of May as Elder and Dependent Adult Abuse Awareness Month.

5/3/04: To Senate

ACR 183 (Dymally) Elder and Dependent Adult Abuse Prevention Month

This measure would encourage all Californians to become aware of elder and dependent adult abuse, to learn the ways to recognize and report incidents of elder abuse, and to educate themselves on ways to prevent the mistreatment of elderly and dependent adults, and would proclaim the month of May of every year as Elder and Dependent Adult Abuse Prevention Month.

2/20/04: Introduced.

AP-17 Senior Assembly Member Colleen McLean: Hearsay Exception in Elder Abuse Cases.

This proposal creates an exception to the hearsay rules in misdemeanor prosecutions involving the unjustifiable physical or mental suffering of an elder or dependent adult.

SP-3 Senior Senator Joanna Kim-Selby: Hotel Handicapped Compatibility.

This proposal requires hotels and motels to comply with ADA guidelines and to provide rubber mats and grab bars in tub and shower areas.

SP-5 Senior Senator George “Bud” Winslow: Mobile home Park Homeowner’s Rights.

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

AB 2351 (Corbett) Mobile home parks: rights of mobile home owners and residents

(1) Existing law, the Mobile home Residency Law, requires the rental agreement between the management of a mobile home park and the homeowner to be in writing and to contain specified terms and provisions.

This bill would require the management of a mobile home park to return an executed copy of the rental agreement to the homeowner within 15 business days after the management has received the rental agreement signed by the homeowner.

(2) Existing law prohibits the ownership or management of a mobile home park, subdivision, cooperative, or condominium for mobile homes from entering a mobile home without the prior written consent of the resident, except in specified circumstances.

This bill would make that prohibition applicable to the ownership or management of a resident-owned mobile home park. The bill would also make technical changes.

(3) Existing law authorizes the management of a mobile home park to cause the removal of a vehicle parked in the park when certain conditions are satisfied.

This bill would prohibit management from removing a vehicle from the homeowner’s or resident’s driveway or designated parking space unless a specified notice regarding violations of park rules is posted on the windshield of the vehicle. The bill would permit management, upon the expiration of 7 days, to remove a vehicle from a driveway or designated parking space, when the vehicle remains in violation of a park rule, as specified. The bill would provide an exception from these provisions for vehicles that pose a significant danger, as specified.

(4) Existing law prohibits management of a mobile home park from requiring a homeowner to purchase goods or services from any third party for landscaping.

This bill would additionally prohibit management from requiring a homeowner to purchase goods or services from any third party for remodeling or maintenance.

(5) Existing law imposes limits on a resident of a subdivision, cooperative, or condominium for mobile homes, or resident-owned mobile home park with respect to the display of a sign advertising the sale or rental of his or her mobile home.

This bill would modify and extend those limits by, among other things, making them applicable to any person who gains ownership of the mobile home upon the resident’s death, or any agent of the resident or owner, and by prescribing the maximum size, configuration, and location of the sign.

8/26/04: Statutes of 2004, Chapter 302.

SB 740 (Kuehl) Mobile home parks: sales of parks

Existing law requires the owner of a mobile home park who lists for sale or offers to sell the mobile home park to any party, with certain exceptions, to provide written notice of his or her intention to sell, as specified, to any resident organization formed by homeowners as a nonprofit corporation, stock cooperative corporation, or other entity for purposes of converting the mobile home park to cooperative or condominium ownership and for purchasing the park.

This bill would provide that homeowners in a mobile home park who have fulfilled certain requirements shall have a right of first refusal if a mobile home park owner desires to sell the park. The bill would limit application of this right of first refusal to mobile home parks in which 30% of the spaces are occupied by low-income residents or homeowners, as specified. To have the right of first refusal, the bill would require that: (1) the homeowners form a resident organization, as specified, which would be required to represent at least 2/3 of the mobile home owners of the park and be authorized to act on their behalf; (2) the resident organization contract with a specified 3rd party to represent the organization and facilitate the purchase; and (3) the resident organization provide notice of the residents’ desire to purchase the park, in writing, as specified, to the park owner or manager. The bill would require the resident organization to provide a specified notice in order to maintain the right of first refusal.

The bill would require a park owner to follow a specified procedure for informing the resident organization if the mobile home park owner has received a bona fide offer from a 3rd party to buy the park, and desires to sell, including specifying the price and terms of the potential sale. The bill would require the resident organization to notify the park owner within 15 days of receiving notice from the owner, as specified, that it is considering the offer to purchase, or lose the right of first refusal. The bill would provide that, after notifying the park owner, as specified, the resident organization would have 30 days to exercise its right of first refusal by making a bona fide offer to meet the price and substantially the same terms. The bill would prohibit a sale to a third party at a price less, or on terms more favorable to the buyer, than those communicated to the resident organization. The bill would except from its provisions certain sales and transfers. The bill would also make a statement of legislative findings and declarations regarding housing.

6/23/04: Failed to pass in Assembly Housing and Community Development.

SP-6 Senior Senator Clifford C. Erven: Disabled Persons License and Identification Card.

This proposal requires the DMV to imprint the “wheelchair symbol” on driver’s licenses and photo ID cards for disabled persons showing proof of disability.

AB 1915 (Lowenthal) Vehicles: driver’s license: identification card: disabled persons.

(1) Existing law authorizes the Department of Motor Vehicles to issue driver’s licenses and identification cards to applicants who comply with certain requirements.

This bill would require the department to design and issue driver’ s licenses and identification cards containing the International Symbol of Access, commonly known as the “wheelchair symbol.”

The bill would require the department to establish procedures for the issuance of the specified driver’s license or identification card to disabled persons or disabled veterans, including a requirement that the applicant submit a certificate, as specified, that is signed by a physician, surgeon, licensed chiropractor, or licensed optometrist and substantiates the applicant’s disability, unless the disability is readily observable and uncontested.

The bill would require the person who signs the specified certificate to retain information sufficient to substantiate that certificate and, upon request of the department, make that information available for inspection by the Medical Board of California. Because a violation of this requirement would be an infraction under certain provisions of the Vehicle Code, the bill would establish a state-mandated local program by creating a new crime.

The bill would require the department to maintain in its records all information on an applicant’s certification of permanent disability and make that information available to eligible law enforcement agencies upon request.

The bill would authorize a disabled person or disabled veteran who has a valid special identification license plate or a valid distinguishing placard issued by the department under related statutes, as specified, to submit that document to the department in lieu of compliance with the above described certification requirements.

The bill would require the department to establish procedures to offer the option of permanently marking an existing driver’s license or identification card with the specified wheelchair symbol, in lieu of issuing a new document under the certification provisions, for a fee equal to the amount charged for the replacement of a driver’s license or identification card.

(2) 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.

4/21/04: In Appropriations.

SP-8 Senior Senator Erwin F. Fromm: Home Assistance Workers Background Checks.

This proposal authorizes AAA’s to obtain criminal record information for current or prospective home caregivers.

SP-10 Senior Senator Bruce Steir: Long-Term Care Facility Elder Death Reviews.

This proposal requires long-term care facilities to report deaths to the medical examiner or coroner and requires mandated reporters to report abuse to the medical examiner or coroner.

SB 1644 (Romero) Elder death review teams: access to vital record information.

Existing law requires each death to be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Under existing law, a local registrar, deputy registrar, or subregistrar, who fails, neglects, or refuses to perform his or her duty as required by the existing law relating to the creation and maintenance of vital records, including certificates of death, is guilty of a misdemeanor.

Existing law requires the State Department of Health Services to implement an Internet-based electronic death registration system on or before January 1, 2005. Existing law authorizes each county to establish an interagency elder death team to assist local agencies in identifying and reviewing suspicious elder deaths. Under existing law, an oral or written communication or a document shared within or produced by an elder death review team, as well as certain communications and documents of a 3rd party provided to an elder death review team, is confidential. Existing law provides that the disclosure of information relevant to the work of an elder death review team by any individual or agency is intended to be voluntary.

This bill would require the local registrar of births and deaths in a county that elects to participate in the Internet-based electronic death registration system, upon the request of the chair, cochair, or any agent thereof, of a county elder death review team, to provide a report of 4 pieces of information from death certificates. The bill would require the local registrar to comply with this requirement on or before July 1, 2005, or a reasonable time thereafter, but in no case later than December 1, 2005.

Under existing law, local registrars are required, upon request and payment of the required fee, to supply to any applicant who is an authorized person a certified copy, or to any other applicant an informational certified copy, of the record of any death registered with the official.

This bill would authorize an organization represented on an elder death review team to request and obtain copies of death certificates from the local registrar of births and deaths, subject to existing law confidentiality, disclosure, and fee requirements.

By expanding the definition of an existing crime with respect to the duty of a local registrar to provide reports, or copies of death certificates, pursuant to these provisions, 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.

9/24/04: Vetoed.

 

Summary of the Federal Legislative Proposals

AFP – Senior Assembly Federal Proposal

SFP – Senior Senate Federal Proposal

AJR – California Assembly Joint Resolution

AFP-1 Senior Assembly Member Lawrence I. Hartmann: Prescription 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.

SFP-1 Senior Senator Clifford C. Erven: Telemarketing Credit Card Billing.

This proposal requires credit card issuers to obtain affirmative written consent prior to billing for telemarketing matters.

SFP-2 Senior Senator Richard Lundin: Social Security Offsets Elimination.

This proposal restores full social security benefits by repealing government pension offset and windfall elimination.

SFP-4 Senior Senator Richard Lundin: Veterans Medical Benefits Package.

This proposal restores medical benefits package eligibility for veterans in priority group 8.

AJR 71 (Wolk) Relative to veterans health care

This measure would request the President and Congress of the United States to enact appropriate legislation to provide a guaranteed level of funding for veterans health care, and to restore medical benefits eligibility for veterans in Priority Group 8. This measure would also urge the Department of Veterans Affairs to seek out eligible veterans to provide them with benefits information.

8/17/04: Chaptered.

SFP-5 Senior Senator Joseph F. Murphy: Safer Older Driver Motor Vehicles.

This proposal directs the National Highway Traffic Safety Administration, in coordination with others, to promote motor vehicle designs and safety standards that improve the safety of older adults in vehicles.