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2009 Session Proposals

Summary of Proposals of CSL 2009 Session

August 4, 2010

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 2009 session are provided here. Within group 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.

Summary of the State Legislative Proposals

AP – Senior Assembly Proposal         SP – Senior Senate Proposal

AP-1 Senior Assembly Member Richard L. Dahlgren: Senior Center Month.

This proposal proclaims the month of February 2010 as Senior Center Month to recognize Senior Centers as centers for adult services.

AP-2 Senior Assembly Member Lauren Rolfe: Use of IHSS in Declared Disaster Shelters.

This proposal funds IHSS program providers to assist evacuated seniors and disabled in emergency shelters.

AB 1970 (Fong) In-home supportive services providers: emergency shelter services.

Existing federal law provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance.

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.

The duties of a public authority or nonprofit consortium include the provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a provider registry.

This bill would authorize a county department of social services to make IHSS provider registries available during a federally emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator’s emergency shelter, as defined, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter.

The bill would provide that an in-home supportive services provider who provides assistance to seniors and persons with disabilities at an emergency shelter shall not be liable for harm caused by an act or omission of the provider if the provider was acting within the scope of his or her responsibilities as an in-home supportive services provider at the time of the act or omission and the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the provider.

By imposing new duties or local officials, this bill would create 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, 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.

4/14/10: Passed by Committee on Human Services; referred to Committee on Appropriations.

AP-3 Senior Assembly Member Lola Young: Nursing Home End-of-Life Privacy.

This proposal requires nursing homes to provide privacy for a resident who has been diagnosed as terminal.

AP-4 Senior Assembly Member Richard Wolfe: Grading System for Long-Term Facilities.

This proposal requires the development of a letter-grading system for long-term facilities compliance with laws to provide more user-friendly information for placement decisions.

AP-5 Senior Assembly Member Richard Wolfe: Certification and Registration of All Supportive Services Caregivers.

This proposal requires the licensing and certification of all unlicensed or uncertified caregivers providing care in an unregulated environment.

AP-6 Senior Assembly Member Bernard Weintraub: Health Care Facility Event Reporting.

This proposal requires semi-annual reports to be posted on the Department of Public Health website and in written form of adverse events in health care facilities, of inspection and investigation results, and of medical errors.

AP-7 Senior Assembly Member Bernard Weintraub: Gerontological Nurse Practitioner Training.

This proposal establishes a pilot project for training RN’s as Gerontological Nurse Practitioners.

AP-8 Senior Assembly Member Billie Taylor: Ombudsman Witness for Notarized Documents

This proposal requires an ombudsman or patient’s rights advocate to witness documents executed by SNF patients that require a jurat or acknowledgement by a notary public.

AP-9 Senior Assembly Member Margaret Sowma: Adult Physical Education Programs.

This proposal requires school district adult education to include physical education programs for active seniors and prohibits cancellation due to budget problems.

AP-10 Senior Assembly Member Dorothy Sorensen: Restaurant Menus for Seniors.

This proposal would urge restaurants to offer a senior menu for patrons 55 and older.

AP-11 Senior Assembly Member Kenneth Ryan: Interstate Provision of Medicaid Services.

This proposal requires the Department of Health Care Services to initiate contact with border states regarding the establishment of a coordinated provision of Medicaid services to border residents and to report progress to the CSL.

AP-12 Senior Assembly Member Richard F. Shontz: Waiving Fees for Security Freeze on Senior’s Credit Report.

This proposal prohibits Consumer Credit Reporting Agencies from charging seniors a fee for placing a security freeze.

AP-13 Senior Assembly Member Arthur J. Serrin: Supplemental Nutritional Assistance Program Awareness.

This proposal requires Social Services and County Welfare to contact senior centers with meals programs and advise them regarding SNAP and assist in implementation.

AP-14 Senior Assembly Member Herbert Schwartz: Community College Education for Older Adults.

This proposal requires the establishment of community college programs to provide education and training for older adults, such as those offered by Saddelback College.

AP-15 Senior Assembly Member Phyllis Purcell: Free Public Transportation for Seniors.

This proposal makes free public transportation available for seniors funded by a tax of $3 on driver’s licenses.

AP-16 Senior Assembly Member Phyllis Purcell: Availability and Dimensions of Disabled Parking Spaces.

This proposal requires the provision of more disabled parking spaces for baby boomers and veterans and requires a minimum of 10-foot width.

AP-17 Senior Assembly Member Phyllis Purcell: Medi-Cal Eligibility.

This proposal increases the income eligibility limitation for Medi-Cal and permits individuals with two vehicles to qualify.

AP-18 Senior Assembly Member Phyllis Purcell: Pharmaceutical Funding for Nutrition Services.

This proposal would encourage pharmaceutical companies to finance coupons for qualified seniors to participate in senior nutrition programs.

AP-19 Senior Assembly Member Charles Molnar: Adequate Affordable Senior Housing.

This proposal revises the affordable housing element of a general plan to provide for adequate and affordable senior housing.

AP-20 Senior Assembly Member Austin E. Lucero: Hearing Aid Availability and Cost.

This proposal requires that hearing aids be made available for over-the counter sales and vendors be encouraged to submit a plan to the Hearing Aid Dispensers Bureau.

AJR 34 (Carter) Hearing aids.

This measure would respectfully urge the federal Food and Drug Administration to create a new over-the-counter hearing aid classification, as specified.

This bill would take effect immediately as a tax levy.

4/6/10: In Assembly Health Committee.

AP-21 Senior Assembly Member Austin E. Lucero: Food Package Safety Marking.

This proposal requires all packaged foods sold in California to be marked with a date after which it should not be consumed.

AP-23 Senior Assembly Member Foster Lopes: Home Sale Capital Gain Exclusion.

This proposal conforms California Tax Law to Federal Law extending the $500,000 capital gain exclusion for home sales for two years after a spouse’s death for a widow(er) 60 or older.

AB 1806 (Hagman) Personal income taxes: capital gains: sale of principal residence: surviving spouse.

The Personal Income Tax Law provides, in modified conformity to federal income tax laws, for the manner in which taxable gains are to be recognized upon the disposition of property, including real property that is the principal residence of the taxpayer.

This bill would provide additional conformity to those federal income tax laws relating to the exclusion of gain from sale of principal residence by a surviving spouse.

This bill would take effect immediately as a tax levy.

3/25/10: Amended in Committee on Revenue and Taxation.

AP-24 Senior Assembly Member Shirley Krohn: Elder Abuse Prevention.

This proposal removes the sunset date from the elder abuse prevention provisions of the Financial Elder Abuse Reporting ACT of 2005.

AP-25 Senior Assembly Member Eleanor Bloch: Disaster Emergency Transportation for Disabled and Seniors.

This proposal mobilizes paratransit, paramedics, and others to move disabled and seniors to safe places in the event of natural disasters.

AB 2051 (Tran) Emergency services: preparedness.

The California Emergency Services Act establishes, within the office of the Governor, the California Emergency Management Agency and sets forth the duties of the agency and its secretary with respect to specified emergency preparedness, mitigation, and response activities within the state.

This bill would authorize the agency to prepare, in voluntary cooperation with specific local governmental and nongovernmental entities, a specialized plan to mobilize senior citizens and disabled persons during an emergency or natural disaster.

8/2/10: To Committee on Appropriations suspense file.

AP-26 Senior Assembly Member Austin E. Lucero: Identity Theft Prevention.

This proposal prohibits businesses from using Senior’s Social Security Numbers as identifying numbers and holds those who violate responsible for damages.

AP-27 Senior Assembly Member Dorothy Sorensen: Care Facility Safety.

This proposal requires institutions that provide care for seniors to separate younger patients with mental illness from the elderly and frail patients.

AP-28 Senior Assembly Member Charles E. Mitchell: Marked Senior Crosswalks.

This proposal requires marked senior crosswalks on streets and highways near facilities providing care or services for seniors.

AP-29 Senior Assembly Member Elizabeth Payne: Tenant Emergency Contact.

This proposal requires landlords to retain current updated emergency contact information for each tenant.

SP-1 Senior Senator Bill Young: Expanded IHSS Services.

This proposal redefines IHSS to include support services for recipients involved in community activities within the assigned hours.

SP-2 Senior Senator John Sorensen: Criminal Public Official Remuneration.

This proposal requires any public official, who is convicted of a crime related to an abuse of office, to forfeit all public remuneration.

SP-3 Senior Senator Lynn Pankhurst: Consolidation and Integration of Senior Services.

This proposal requires the consolidation and integration of services for disabled seniors to conform to the ADA requirement that they be provided in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

SP-4 Senior Senator Kathleen Mesler: Witnessing Seniors’ Power of Attorney.

This proposal requires a member of a local governmental agency or community-based organization to witness when a senior signs a power of attorney before a notary public.

SP-5 Senior Senator Kathleen Mesler: Designated Payees of Care Facilities Benefits.

This proposal prohibits operators of care facilities from being designated payees to receive benefits on behalf of residents.

SP-6 Senior Senator Anne M. Mack: Sale of Senior Residence.

This proposal allows seniors 65 years and older to move anywhere in California without increased property taxes under Prop 13.

SB 1415 (Walters)  Property tax: intercounty base year value transfers.

The California Constitution authorizes the Legislature to provide that a person who is either severely disabled or over the age of 55 years may transfer the base year value, as defined, of property that is eligible for the homeowners’ property tax exemption to a replacement dwelling that is of equal or lesser value located within the same county as the property from which the base year value is transferred, and if a county ordinance so providing has been adopted, to a replacement dwelling that is located in a different county.

This bill would authorize any person over the age of 65 years to transfer the base year value of an original property to a replacement dwelling located in a different county without the adoption of a county ordinance so providing. This bill would require this provision to be applied only to intercounty transfers of base year value that occur on or after January 1, 2011.

By changing the manner in which local assessors assess property for property taxation purposes, this 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, 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.

Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

This bill would take effect immediately as a tax levy.

This bill would take effect immediately as a tax levy, but would become operative only if Senate Constitutional Amendment ____ of the 2009-10 Regular Session is approved by the voters.

6/7/10: To Committee on Revenue and Taxation.

SB 1416 (Walters) Personal income taxes: capital gains: sale of principal residence: senior citizens.

The Personal Income Tax Law provides, in modified conformity to federal income tax laws, for the manner in which taxable gains are to be recognized upon the disposition of property, including real property that is the principal residence of the taxpayer.

This bill would, for taxable years beginning on or after January 1, 2010, provide that gross income does not include any gain from the sale or exchange of the principal residence of a taxpayer who is 65 years of age or older.

This bill would take effect immediately as a tax levy.

5/13/10: To Committee on Revenue and Taxation suspense file.

SP-7 Senior Senator Richard Lundin: Abuse by Financial Institutions.

This proposal prevents financial institutions from targeting and abusing senior citizens by keeping seniors from entering into bad or marginal investments.

SP-8 Senior Senator Richard Lundin: Long-Term Care Facility Security and Surveillance.

This proposal increases security and surveillance at all long-term care facilities and provides security training.

SP-9 Senior Senator Richard Lundin: Exclusive Elder Protection Courts.

This proposal requires the establishment of courts to exclusively adjudicate cases associated with older Californians.

SP-10 Senior Senator Jim Levy: Community-Based Program Funding.

This proposal significantly expands funding for community-based programs.

SP-11 Senior Senator Joanna K. Kim-Selby: Automated Defibrillator Awareness.

This proposal creates a statewide symbol for automated external defibrillators and develops a public awareness campaign.

SP-12 Senior Senator Joanna K. Kim-Selby: Senior Volunteer Month.

This proposal proclaims the month of April to be Senior Volunteer Month to honor volunteers.

SCR74 (Correa) Senior Volunteer Month.

This measure would declare May 2010 as “Senior Volunteer Month” to honor the contributions of California’s senior volunteers.

5/24/10: Chaptered: Resolution Chapter 21, Statutes of 2010.

SP-13 Senior Senator Joanna K. Kim-Selby: Stroke Education Campaign.

This proposal implements a stroke education campaign to prevent the incidence of strokes.

SP-14 Senior Senator Lawrence I. Hartmann: Fall Prevention Education.

This proposal would declare the first week of Fall as Fall Prevention Week and recommends holding fall prevention educational programs.

SP-16 Senior Senator Marion Faustman: Universal Health Care.

This proposal requires the adoption of a premise that health care is a basic human right and the creation of a universal health care system.

SP-17 Senior Senator Clifford C. Erven: Enforced Disabled Persons Parking.

This proposal directs patrol officers of privately owned parking facilities to issue citations for disabled parking violations and provides training and materials to accomplish this.

SP-18 Senior Senator Clifford C. Erven: Condominium Fire Insurance.

This proposal requires condominium owners to carry sufficient fire insurance to cover loss to adjacent units.

SP-19 Senior Senator Connie Eaton: Zoning requirements for 2nd-Unit Construction.

This proposal minimizes and standardizes zoning requirements and permit and impact fees for 2nd unit construction in order to provide more affordable housing for seniors.

SP-20 Senior Senator Connie Eaton: Property Tax Exemptions.

This proposal increases the homeowner’s property tax exemption from $7,000 to $27,000 for seniors.

SB 1430 (Walters)  Taxation: homeowners’ property tax exemption and qualified renters’ income tax credit: senior citizens.

(1) 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, and authorizes the Legislature to increase this exemption.

This bill would, beginning on the lien date for the 2011-12 fiscal year, increase the homeowners’ exemption from $7,000 to $27,000 of the full value of a dwelling for assessees who are 62 years of age or older. This bill would also require, for the 2012-13 fiscal year and for each fiscal year thereafter, the county assessor to adjust the amount of the homeowners’ exemption for assessees who are 62 years of age or older by the percentage change, for the first 3 quarters of the prior calendar year, in the House Price Index for California, as specified.

(2) The California Constitution requires the Legislature, whenever it increases the homeowners’ property tax exemption, to provide a comparable increase in benefits to qualified renters. The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000 or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts.

This bill would, for taxable years beginning on or after January 1, 2010, increase this credit for qualified renters who are 62 years of age or older. This bill would establish the credit amount as $151 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, as adjusted for inflation, and a credit amount of $75 for other individuals if adjusted gross income is $25,000 or less, as adjusted for inflation. This bill would also require, for taxable years beginning on or after January 1, 2011, the Franchise Tax Board to annually adjust for inflation, based upon the California Consumer Price Index, the amount of these credits. This bill would also make technical, nonsubstantive changes to the renters’ credit.

(3) By requiring county officials to implement a new amount for the property tax homeowners’ exemption, this 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, 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.

(4) This bill would take effect immediately as a tax levy.

5/13/10: To Committee on Revenue and Taxation suspense file

SP-21 Senior Senator Erwin F. Fromm: Conservatee and Dependent Adult Abduction.

This proposal expands the definition of abduction to include removal or restraint within the State of incompetent non-consenting dependent adults or conservatee without conservator or court consent.

 

Summary of the Federal Legislative Proposals

AFP – Senior Assembly Proposal           SFP – Senior Senate Proposal

AFP-1 Senior Assembly Member Sol Fingold: Grocery Scanner Recall Alerts.

This proposal recommends that grocery checkout scanners alert employees and customers when a product being purchased is subject to recall.

AFP-3 Senior Assembly Member Bernard Weintraub: Medicare Coverage of Dental Care and Hearing and Visual Aids.

This proposal expands Medicare coverage to include dental care and dental plates; hearing aids; and vision aids, including eyeglasses and contact lenses.

AFP-5 Senior Assembly Member Austin E. Lucero: Hearing Aid Availability and Cost.

This proposal requires that hearing aids for sale to California customers be made available for over-the counter sales and vendors be encouraged to submit a plan to the Hearing Aid Dispensers Bureau.

AFP-6 Senior Assembly Member Austin E. Lucero: Food Package Safety Marking.

This proposal requires all packaged foods to be marked with a date after which it should not be consumed.

AFP-7 Senior Assembly Member Foster Lopes: Taxable Social Security Earnings .

This proposal would raise the maximum taxable earnings limit for Social Security to $250,000.

AFP-8 Senior Assembly Member Foster Lopes: Medical Expense Tax Deductions.

This proposal allows persons 65 and older to fully deduct all medical expenses.

AFP-9 Senior Assembly Member Fran J. Givens: Reverse Mortgages for Older Mobile homes.

This proposal would expand Federal Reverse Mortgage regulations to remove the exclusion of mobile homes constructed prior to June 15, 1976.

AFP-10 Senior Assembly Member Richard L. Dahlgren: Senior Center Month.

This proposal proclaims the month of February as Senior Center Month to recognize them as the center for adult services.

AFP-11 Senior Assembly Member Foster Lopes: Income Tax on Social; Security Benefits.

This proposal eliminates all income taxes on the total amount of Social Security Benefits for persons 65 or older.

SFP-1 Senior Senator George Winslow: Gender Discrimination.

This proposal memorializes Congress and the Administration to adopt the United Nations Convention on the elimination of discrimination against women (CEDAW).

AJR32 (Monning) Gender discrimination.

This measure would memorialize the United States Senate to ratify, and the President to sign, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and would memorialize the Congress of the United States and the President to enact appropriate legislation that addresses the concerns expressed in this measure.

7/7/10: Chaptered, Resolution Chapter 61, Statutes of 2010.

SFP-3 Senior Senator Lynn Pankhurst: Medicaid Eligibility Expansion.

This proposal revises the Federal Medicaid Program to allow states to increase eligibility to allow currently unqualified uninsured seniors and low-income persons to obtain services.

SFP-4 Senior Senator Anne M. Mack: Capital Gains Tax on Sale of Senior Residence.

This proposal eliminates Capital Gains Tax on the sale of principle residences of seniors over 65.

SJR20 (Alquist) Taxation: sale of principal residence.

Under existing law, capital gains taxes are imposed upon the sale of capital assets.

This bill would memorialize the Congress and the President to enact legislation that would increase the amount of gain that a senior citizen 65 years of age and older and who pays for long-term care costs is allowed to exclude from income, from $250,000 to $500,000, and from $500,000 to $750,000 for joint returns, from the sale of the qualifying principal residence of the senior citizen.

7/7/10: Chaptered, Resolution Chapter 57, Statutes of 2010.

SFP-5 Senior Senator Richard Lundin: Federal Annuitant Health Insurance Premiums.

This proposal permits federal annuitants to be eligible for “premium conversion” in order to pay their share of health insurance premiums with pretax dollars.

SFP-6 Senior Senator Marion Faustman: Financial Institution Integrity.

This proposal establishes law similar to the Federal Glass-Seagall Act to help restore the integrity of financial institutions.

SFP-7 Senior Senator Edward Woods: Medicare and Medicaid Minimum Hospital Stay Coverage.

This proposal requires Medicare and Medicaid to provide coverage for a minimum 24-hour hospital stay for senior citizens having invasive surgery.

SFP-8 Senior Senator Lawrence I. Hartmann: Tire Safety Identification.

This proposal requires tire manufacturers to clearly label tires with month and year of manufacture and include the info on sales receipts.

The following proposal from the 2008 CSL Session has been authored in the current session:

SP-23 Senior Senator Bill Young: Support for the Ombudsman Program and the Senior Legal Hotline.

This proposal requires the immediate reinstatement of State core support of the Ombudsman Programs and the Senior Legal Hotline; and assistance to restore and expand the Federal funding for California’s Senior Legal Hotline.

AB2555 (Feuer) Ombudsman programs: appropriation.

Existing law establishes the State Health Facilities Citation Penalties Account into which moneys derived from civil penalties for violations of state law are deposited. Moneys in this account may be used, upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities, as specified.

Existing law, the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman in the California Department of Aging. Existing law requires the department to allocate all federal and state funds for local ombudsman programs according to a specified schedule.

This bill would appropriate the sum of $1,600,000 from the State Health Facilities Citation Penalties Account to the department to fund local ombudsman programs in accordance with the distribution schedule during the 2010-11 fiscal year.

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

6/17/10: In Senate Appropriations to suspense file.