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2010 Session Proposals

Summary of Proposals of CSL 2010 Session

December 15, 2011

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 2010 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-4 Senior Assembly Member Martin Tucker: Elder Abuse Fines.

This proposal increases elder abuse fines by 10% and transfers the additional funds to local entities for combating elder abuse.

AP-6 Senior Assembly Member Dorothy Sorensen: Patients’ Personal Equipment Marking.

This proposal requires senior care facilities to permanently mark or identify each patient’s personal vital equipment.

AP-7 Senior Assembly Member Dorothy Sorensen: Prescription Purpose.

This proposal requires the prescriber of medication to include the condition or purpose of the drug on the label.

AP-9 Senior Assembly Member David Siegrist: Bus Schedules, Routes and Fares.

This proposal requires public bus transportation operators to post current schedules, routes and fares at each bus stop.

AP-11 Senior Assembly Member Richard F. Shontz: Identity Theft Fines.

This proposal establishes definite minimum fines for identity theft of $5,000 for first offense and an additional $3,000 for each additional offense.

AB 332 (Butler) Elder abuse.

Existing law provides that any person who is not a caretaker of an elder or dependent adult, who knows or reasonably should know that the victim is an elder or a dependent adult, or any person who is a caretaker of an elder or dependent adult, and that person violates specified identity theft provisions of law, with respect to the property or personal identifying information of an elder or a dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in a state prison for 2, 3, or 4 years, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950.

This bill would make those offenses to punishable by a fine not exceeding $2,500, or by imprisonment in the county jail not exceeding one year, or by both that fine or imprisonment, or alternatively by a fine not exceeding $10,000, or by imprisonment in a state prison for 2, 3, or 4 years, or by both that fine and imprisonment, if the value of the assets taken is of a value exceeding $950. The bill would make other technical, nonsubstantive changes

This bill would incorporate changes to Section 368 of the Penal Code proposed by AB 109, to be operative if both bills are enacted and became operative as specified.

This bill would additionally incorporate changes to Section 368 of the Penal code proposed by SB 586, to be operative if both bills are enacted and became operative, as specified.

9/30/11: Chaptered: Chapter 366, Statutes of 2011.

AP-12 Senior Assembly Member Arthur J. Serrin: State Cal-Vet Program.

This proposal creates the State Cal-Vet Program to raise awareness of senior homeless veterans programs and to provide rental housing benefits for them.

AP-13 Senior Assembly Member Lauren Rolfe: Income Tax Mileage Deduction.

This proposal authorizes an income tax deduction for mileage equal to the difference between the Federal volunteer mileage deduction and the Federal business mileage deduction.

AP-14 Senior Assembly Member Lauren Rolfe: Senior Housing Projects Mandated Reporters.

This proposal includes affordable housing projects for seniors and disabled as care custodians and mandated reporters.

AP-15 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-18 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-19 Senior Assembly Member Elizabeth Payne: Tenant Emergency Contact Information.

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

AP-21 Senior Assembly Member Charles Molnar: Senior Citizens Tax Deferral Program.

This proposal rescinds the indefinite suspension of the senior citizens property tax deferral program to allow claimants to claim to postpone ad valorem property taxes under the Senior Citizens Property Tax Postponement Law.

AB 1090 (Blumenfield) Taxation: property tax deferment.

The Senior Citizens and Disabled Citizens Property Tax Postponement Law, until February 20, 2009, authorized a claimant, as defined, to file a claim with the Controller to postpone the payment of ad valorem property taxes, where household income, as defined, did not exceed specified amounts. Existing law authorized the Controller, upon approval of the claim, to either make payment directly to specified entities, or to issue the claimant a certificate of eligibility that constituted a written promise of the state to pay the amount specified on the certificate, as provided. Existing law required these payments to be made out of specified funds appropriated to the Controller, as specified, and also required repaid property tax postponement payments to be transferred, as specified, to the General Fund.

Existing law, on and after February 20, 2009, prohibits a person from filing a claim for postponement, and prohibits the Controller from accepting applications for postponement, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law.

This bill would establish the County Deferred Property Tax Program for Senior Citizens and Disabled Citizens, authorize a county to elect to participate in the program by adopting a resolution indicating the county’s intention to participate in and administer the program, and specify that the requirements of a county or county officials set forth in the bill are conditioned upon the county’s passage of the above-described resolution. Under the program, a participating county would be authorized to defer a claimant’s property taxes retroactively, for property taxes due on or before February 20, 2011, and prospectively, as specified.

This bill would require a claimant, as defined, to use the application form of a county to initiate participation in the program. The bill would authorize the county treasurer or county tax collector to review the claimant’s application for program participation, as specified, and, if the claimant is eligible, and if there are sufficient funds within the county’s Property Tax Deferral Fund, which this bill would require a participating county to establish within its treasury, to (1) defer property taxes on the claimant’s residential dwelling for that fiscal year, (2) issue a subvention payment to that county, in an amount equivalent to the amount of the deferred property taxes, from the county’s Property Tax Deferral Fund, (3) direct the county auditor to apportion that subvention payment in the same manner as if the property taxes had been paid, and (4) provide a letter or other written notice to the claimant, noting the relevant fiscal year of participation, for use as written confirmation of participation. The bill would authorize the county treasurer of a participating county, if he or she makes a specified determination, upon the adoption of a specified resolution by that county’s board of supervisors, to deposit specified funds in the county treasury for the purpose of investment of those funds in the county’s Property Tax Deferral Fund.

This bill would require the amount of property taxes deferred, plus any interest accrued thereon, to be secured by a judgment lien, as specified. The bill would also require the lien to be evidenced by a notice of lien, and various county officials to process and record the notice of lien, as specified. The bill would require a participating county to charge a claimant a specified adjusted rate of interest on the amount owed for the deferment of property taxes. The bill would require the amount secured by the lien to be increased to reflect the accrual of interest on the property taxes deferred, or decreased by the amount of any payment made to reduce the amount secured by the lien, as specified. The bill would provide procedures for the release of the lien if the obligation is paid in full or otherwise discharged, and would require all amounts owed by a claimant under the program to become due immediately under specified circumstances.

This bill would authorize a participating county to charge an application fee to the claimant to offset the actual costs of administering the program, and would require the fee proceeds to be deposited in an account within the county’s Property Tax Deferral Fund, to be used exclusively for those administrative costs. The bill would require the letter or other written confirmation of participation in the program provided by the county to be considered as evidence of program participation.

9/30/11: Chaptered: Chapter 369, Statutes of 2011

AP-23 Senior Assembly Member Charles Molnar: Mobile home Loss of Equity.

This proposal assists local entities in prohibiting mobile home park owners from taking action that results in a loss of equity in the homes.

AB 579 (Monning) Mobile home parks: liability: attorney’s fees.

Existing law permits a court to award attorney’s fees to a successful party in an action that has resulted in the enforcement of an important right affecting public interest, but does not allow an award of attorney’s fees in favor of public entities, except in limited circumstances. Existing law requires the court to determine and award a successful plaintiff in an inverse condemnation proceeding certain costs, disbursements, expenses, and fees, as provided. Existing law permits a complainant to collect specified attorney’s fees in a civil action to appeal or review an administrative proceeding where the proceeding was the result of arbitrary or capricious action or conduct by the public entity or officer.

This bill would permit the award of attorney’s fees and, in some cases, other litigation expenses, to a local governmental entity in an action brought by the owner of a mobile home park to challenge the validity or application of a local ordinance, rule, regulation, or initiative measure that regulates space rent or is intended to benefit or protect residents in a mobile home park, if the local governmental entity is determined to be the prevailing party.

Existing law provides that a cause of action against a person arising from the person’s right of petition or free speech is subject to a special motion to strike, unless the court determines there is a probability that the plaintiff will prevail on the claim.

This bill would also subject certain causes of action against a local government regarding mobile home parks to a special motion to strike. The motion would apply to a cause of action that challenges the validity or application of a local ordinance, rule, regulation, or initiative measure that regulates space rent, as specified, or a cause of action that challenges a local government’s application or enforcement of any statute that is intended to benefit or protect residents in a mobile home park, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.

3/3/11: Re-referred to Committee on Judiciary. Hearing canceled.

AP-24 Senior Assembly Member Austin E. Lucero: Expedited Revocation of Durable Power of Attorney.

This proposal provides an expedited process to revoke a durable power of attorney if it may result in financial or elder abuse.

AP-25 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.

AP-30 Senior Assembly Member Alice Loh: Remote Patient Monitoring for Seniors.

This proposal calls for a pilot program to use remote patient monitoring to monitor the health of seniors.

AP-32 Senior Assembly Member Shirley Krohn: Independent Long-Term Care Ombudsman Office.

This proposal establishes an independent LTC Ombudsman Office within a private nonprofit organization.

SB 345 (Wolk) Long-Term Care Ombudsman Program.

Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities.

This bill would, instead, require the department to contract with a qualified nonprofit organization selected by a panel established by the department, as specified, to operate as the Office of the State Long-Term Care Ombudsman, and would require the contracting nonprofit organization to hire a qualified person to serve as the State Long-Term Care Ombudsman after consulting with the department’s director and other stakeholders on the selection. This bill would provide that the office shall carry out all the duties prescribed by the federal Older Americans Act and would make other conforming changes.

4/25/11: Amended by author and re-referred to Committee on Human Services. Hearing set for 1/10/12.

AP-34 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.

SB 33 (Simitian, Wolk) Elder and dependent adult abuse.

Existing law provides for the confidentiality of financial records but does not prohibit various state and local officers and agencies from requesting information from an office or branch of a financial institution and the office or branch from responding to the request, as to whether a person has an account or accounts at that office or branch and, if so, any identifying numbers of the account or accounts.

Existing law provides that a county adult protective services office and a long-term care ombudsman when investigating the financial abuse of an elder or dependent adult is similarly not prohibited from requesting financial information and the office or branch is not prohibited from responding to the request.

The Elder Abuse and Dependent Adult Civil Protection Act establishes procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires persons, defined as mandated reporters, to report known or suspected instances of elder or dependent adult abuse. Under the act, care custodians of elder or dependent adults and local law enforcement agencies are mandated reporters. A violation of the reporting requirements by a mandated reporter is a misdemeanor.

Existing law, until January 1, 2013, includes within these reporting requirements mandated reporters of suspected financial abuse, as defined, and, with certain exceptions, makes failure to comply with these requirements subject to a civil penalty.

This bill would delete the January 1, 2013, repeal date.

This bill would incorporate additional changes in Section 15630.1 of the Welfare and Institutions Code, proposed by SB 718, to be operative only if SB 718 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

9/30/11: Chaptered: Chapter 372, Statutes of 2011

AP-38 Senior Assembly Member Jane Ann Godager: Designated Payees of Care Facilities Benefits.

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

AP-39 Senior Assembly Member Jane Ann Godager: Smart-Throttle Technology.

This proposal requires vehicle manufacturers to equip new vehicles with smart-throttle technology that allows a brake pedal to override input from an accelerator pedal.

AP-40 Senior Assembly Member June Glasmeier: Tax Deduction for Funeral Expenses.

This proposal allows senior taxpayers to take a tax deduction up to $1500 for funeral expenses of a spouse or domestic partner.

AP-42 Senior Assembly Member Richard L. Dahlgren: Senior Center Month.

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

ACR 78 (Galgiani) California Seniro Center Month.

This measure would declare the month of November 2011 as California Senior Center Month in recognition of the importance of senior centers to California’s older adult population.

9/28/11: Chaptered: Resolution Chapter 116, Statutes of 2011

AP-43 Senior Assembly Member Eleanor Bloch: Disaster Emergency Transportation for Disabled and Senior Citizens.

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

AP-44 Senior Assembly Member Eleanor Bloch: Senior Rental Housing Manager Training.

This proposal requires counties to coordinate a training program for unlicensed senior rental housing managers and to confer certificates.

SP-1 Senior Senator George Winslow: School District Parcel Tax Exemption.

This proposal limits the existing exemption from school district special parcel tax exclusively to disabled persons and persons 65 or older.

SP-2 Senior Senator Vernon Uecker: Funding for Senior Programs.

This proposal requires continual full funding of MPSS, long-term care ombudsman, community-based service, caregiver resource centers, and adult day health care.

SP-5 Senior Senator Lynn Pankhurst: Mobil home Vehicle License Fee.

This proposal exempts mobil home owners who have an interest in the underlying property from paying vehicle license fees.

SP-6 Senior Senator Betty A. Mulholland: ADA Publication on Entertainment Industry Transportation.

This proposal requires activities providing transportation to the entertainment industry to publish information on accessible ADA compliant transportation systems.

SP-7 Senior Senator Richard Lundin: Welcome Home Korean Veterans Day.

This proposal requires the Governor to annually proclaim a day in June to be Welcome Home Korean War Veterans Day.

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-11 Senior Senator Jim Levy: Community-Based Program Funding.

This proposal develops plans and funds to restore community-based programs.

SB 529 (Correa) Elder abuse.

Under existing law, the California Department of Aging administers various community-based programs for seniors, including adult day health care programs, the Multipurpose Senior Services Program, linkages, and home-delivered meals. Existing law identifies the mission of the department to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments.

This bill would require the department, in consultation with the California Commission on Aging, the area agencies on aging, and the Office of the State Long-Term Care Ombudsman, to develop a long-term care strategic plan, as specified, to provide guidance and temporary funding for community-based programs that serve seniors. The bill would require the department to submit the plan to the Legislature by July 1, 2012.

3/24/11: Referred to Committee on Human Services. Hearing set for 1/10/12.

SP-12 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-13 Senior Senator Joanna K. Kim-Selby: Senior Volunteer Month.

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

SCR 32 (Correa) Senior Volunteer Month.

This measure would declare May 2011 and each May thereafter as “Senior Volunteer Month” to honor the contributions of California’s senior volunteers.

5/23/11: Chaptered: Res. Chapter 21, Statutes of 2011

SP-16 Senior Senator Connie Eaton: Property Tax Exemptions.

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

SP-17 Senior Senator Jack B. Alderson: Medicare Payments for Physician Services.

This proposal urges the California delegation to Congress to propose a new permanent method to calculate Medicare and Tricare payments for physician services.

SP-18 Senior Senator Jack B. Alderson: Mobil home Park Notice of Changes.

This proposal requires management of mobil home parks to notify homeowners of changes to policy and procedures and to publicly post notices.

 

Summary of the Federal Legislative Proposals

AFP – Senior Assembly Proposal            SFP – Senior Senate Proposal

AFP-2 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-9 Senior Assembly Member Richard L. Dahlgren: Senior Center Month.

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

SFP-1 Senior Senator Bruce Steir: Public Housing for Senior Veterans.

This proposal requires that preference for public housing be given to eligible seniors who are honorably discharged veterans.

SFP-3 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-5 Senior Senator Lawrence I. Hartmann: Tire Safety Identification.

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

SFP-6 Senior Senator Connie Eaton: Social Security and Medicare Sustainable Program Costs.

This proposal requires the enactment of legislation addressing the solvency of the Social Security and Medicare program trust finds so that program costs are sustainable.

SFP-7 Senior Senator Susan Thompson: Notice of Discharge Appeal Rights.

This proposal amends Medicare law to require that a notice of discharge appeal rights be posted in hospital rooms.

 

Proposal from Session of 2008

AP-16 Senior Assembly Member Lola Young: Elder Economic Security Index.

This proposal defines eligibility for means-tested senior benefit programs as a percentage of the county-specific elder economic security index.

AB 138 (Beall) Elder Economic Planning Act of 2011.

The Mello-Granlund Older Californians Act creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging.

This bill would require, if specified conditions are met, the department to report data from the Elder Economic Security Standard Index (Elder Index), as defined, for each service area included in the state plan.

The act also establishes area agencies on aging with specified duties, including creation of a plan for the agencies that considers available data and population trends, assesses the need for services, identifies sources of funding for services, and develops and implements a plan for the delivery of services based on the need.

This bill would require, if specified conditions are met, that the plan utilize the Elder Index as a reference when making decisions about allocating resources to specify the costs of meeting basic needs for elders in each planning and service area.

10/9/11: Chaptered: Chapter 668, Statutes of 2011.

 

 

Proposal from Session of 2006

AP-12 Senior Assembly Member Alice Loh: Elder Abuse Reporting.

This proposal requires elder abuse reports to be made to long-term care ombudsmen, law enforcement and Adult Protective Services. It authorizes long-term care ombudsmen to act as a victim’s legal representative.

AB 40 (Yamada) Elder abuse: reporting.

The Elder Abuse and Dependent Adult Civil Protection Act establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires certain persons, called mandated reporters, to report known or suspected instances of elder or dependent adult abuse. The act requires a mandated reporter, and authorizes any person who is not a mandated reporter, to report the abuse to the local ombudsman or the local law enforcement agency if the abuse occurs in a long-term care facility. Failure to report physical abuse and financial abuse of an elder or dependent adult under the act is a misdemeanor.

This bill would, instead, require the mandated reporter, and authorize any person who is not a mandated reporter, to report the abuse to both the local ombudsman and the local law enforcement agency.

Existing law requires a mandated reporter of suspected financial abuse of an elder or dependent adult, as defined, to report a known or suspected instance of financial abuse, as described, to the local ombudsman or the local law enforcement agency if the mandated reporter knows that the elder or dependent adult resides in a long-term care facility.

This bill would, instead, require the mandated reporter to report the abuse to both the local ombudsman and the local law enforcement agency. This bill would also make various technical nonsubstantive changes.

By changing the scope of an existing crime, this bill would impose a state-mandated local program. By increasing the duties of local law enforcement agencies, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

6/8/11: Referred to Senate Committee on Human Services.