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2011 Session Proposals

Summary of Proposals for CSL 2011 Session

October 1, 2012

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 2011 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-2 Senior Assembly Member Eleanor Bloch: Emergency Transportation for Seniors and Disabled.

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

AP-3 Senior Assembly Member Henry Borenstein: Safe Emergency Evacuation for Frail Seniors .

This proposal requires the Safe and Active Communities Branch of the Department of Public Health in conjunction with the State Fire Marshall to take actions addressing the safety of frail seniors participating in public assemblages.

AP-4 Senior Assembly Member Norma Campbell: Terminate California’s Reduction of Federal COLA for SSI Recipients.

This proposal reinstates the Federal COLA for SSI recipients that were removed by the former Governor.

AP-8 Senior Assembly Member Michael Haas: Sex Discrimination.

This proposal requires that the Federal Equal Rights Amendment be adopted as an amendment to the California constitution, prohibiting sex or gender discrimination.

AP-10 Senior Assembly Member Theodore J. Kagan: Prescription Drug Waste Recycling.

This proposal requires pharmaceutical manufacturers and local pharmacies to establish a local prescription drug recycling center.

AP-11 Senior Assembly Member Dieter Kammerer: Relating to Identity Theft.

This proposal requires that a two-year punishment enhancement be added for identity theft from a victim 65 years or older.

AB 2141 (Silva) Identity theft.

Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for an unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense.

This bill would make a technical, nonsubstantive change to that provision.

2/23/12: Introduced

AP-12 Senior Assembly Member Alice Loh: Emergency Evacuation Plans for Seniors and Disabled.

This proposal requires a detailed and comprehensive plan for seniors and disabled in the event of earthquakes and tsunamis and nuclear power plant failures.

AP-13 Senior Assembly Member Austin E. Lucero: Personal Amplifier Listening Devices.

This proposal authorizes and supports the sale of Personal Amplifier Hearing Devices which would assist those with hearing impairments until they could accumulate funds to purchase hearing aids.

AP-15 Senior Assembly Member Charles Molnar: Financial Elder Abuse: Money Transmitters .

This proposal requires that money wire transfer services be included in the definition of mandatory reporters of suspected financial elder abuse.

AB 1525 (Allen) Elder or dependent adult financial abuse: mandated reporters.

Existing law requires a mandated reporter of suspected financial abuse of an elder or dependent adult to report the known or suspected instance of financial abuse to specified entities. Existing law defines a mandated reporter for these purposes as an employee or officer of a financial institution, as defined. Existing law imposes civil penalties for the failure to report financial abuse, and requires these civil penalties to be recovered in a civil action brought against the financial institution by the Attorney General, district attorney, or county counsel.

This bill would include a person or entity engaged in money transmission, as defined, in the definition of a mandated reporter of suspected financial abuse of an elder or dependent adult. This bill also would make various technical and conforming changes.

9/27/12: Chaptered: Chapter 632, Statutes of 2012.

AP-22 Senior Assembly Member Lauren Rolfe: Taxation: Deductions: Mileage Rates: Senior Volunteer Activities.

This proposal establishes a state tax deduction for seniors, 55 and older, for miles driven during volunteer activities up to an amount that is the difference between the Federal volunteer mileage deduction and the Federal business travel mileage deduction.

AP-24 Senior Assembly Member Arthur J. Serrin: Homeless Senior Veterans: Increased Benefits.

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

SB 1198 (Calderon) Department of Veterans Affairs: publicity of benefit programs for homeless veterans.

Existing law establishes the Department of Veterans Affairs within state government and sets forth its powers and duties, including, but not limited to, administration of veterans benefits programs.

This bill would require the department to publicize information pertaining to benefits that are available to qualified homeless veterans, including, but not limited to, the veterans pension programs administered by the United States Department of Veterans Affairs, the Veterans Affairs Supportive Housing voucher program, and CalFresh. This bill would require the department to publicize this information using printed material, its Internet Web site, or other forms of media, as specified.

The bill would also require the information to state that veterans may receive assistance from a county veterans service office in applying for any benefits that they may be qualified to receive.

9/20/12: Chaptered: Chapter 408, Statutes of 2012.

AP-25 Senior Assembly Member Richard F. Shontz: Relating to Consumer Credit Reports.

This proposal would amend California law to prohibit a consumer credit reporting agency from charging seniors a fee for placing a security freeze on his or her credit report.

AB 2374 (Hernández) Consumer credit reports: security freezes.

Existing state law defines and regulates consumer credit reports and permits a consumer to place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency. Existing law requires a consumer credit reporting agency to place the security freeze on the consumer’ s credit report within 3 business days after receiving the consumer’s request. Under existing law, an agency may charge a fee of no more than $5 to a consumer 65 years of age or older for placing, lifting, or removing a security freeze.

This bill would prohibit a consumer credit reporting agency from charging any fee upon a consumer 65 years of age or older for placing an initial security freeze. Under the bill, a consumer credit reporting agency could continue to charge a consumer 65 years of age or older a fee of no more than $5 for lifting, removing, or replacing a security freeze. The bill would make conforming changes.

9/27/12: Chaptered: Chapter 645, Statutes of 2012.

AP-29 Senior Assembly Member Martin Tucker: Office of the State Long-Term Care Ombudsmen: Designation of Functions and Authority .

This proposal codifies the description of the duties and responsibilities of the State Long-term Care Ombudsman Office, its director and representatives.

AP-30 Senior Assembly Member Nancy N. Walker: Waste Disposal: Home-Generated Sharps Waste.

This proposal requires all local governments to have a collection and disposal plan utilizing an approved disposal Sharps container for all products requiring self injections of medication or lancet self testing.

AP-31 Senior Assembly Member Richard Wolfe: Mandating Caregiver Requirements.

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

AP-32 Senior Assembly Member Shirley Krohn: Reverse Mortgage Transparency Act.

This proposal requires reverse mortgages to allow the borrower to determine the consequences of the mortgage based on their personal situation, financial circumstances, or health, short and long-term needs.

AB 2010 (Bonilla) Reverse mortgages: counseling.

Existing law defines and regulates reverse mortgage loans and prohibits a reverse mortgage loan application from being taken by a lender unless the loan applicant has been provided a specified notice advising the applicant about counseling prior to obtaining the reverse mortgage loan. Existing law requires a lender to provide a prospective borrower a list of not fewer than 10 housing counseling agencies approved by the United States Department of Housing and Community Development to engage in reverse mortgage counseling, as specified, and prohibits a lender from accepting a final and complete application for a reverse mortgage or assessing any fees upon a prospective borrower without receiving certification that the prospective borrower has received this counseling from an approved counseling agency.

This bill would require the prospective borrower to receive that reverse mortgage counseling in person..

9/27/12: Chaptered: Chapter 641, Statutes of 2012.

SP-1 Senior Senator Joseph A. Cox: Requirement for Restroom and Dressing Room Doors to Open Outward.

This proposal requires that all doors in public restroom and dressing room facilities be arranged to open outwards to help elderly and disabled individuals maintain their dignity and independence when using needed facilities.

SP-4 Senior Senator Joanna K. Kim-Selby: Automated Defibrillator: Signage.

This proposal creates a statewide symbol for automated external defibrillators and develops a public awareness campaign and requires the symbol displayed on public or private buildings and athletic facilities.

SP-5 Senior Senator Robert O. Jaffee:Home Mortgages: Foreclosures.

This proposal amends State statutes and regulations to correct abuses and violations regarding foreclosure proceedings.

AB 278 (Eng) Mortgages and deeds of trust: foreclosure.

(1) Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default or, in certain circumstances, a notice of sale, to include a declaration stating that the mortgagee, trustee, beneficiary, or authorized agent has contacted the borrower, or has tried with due diligence to contact the borrower, or that no contact was required for a specified reason.

This bill would add mortgage servicers, as defined, to these provisions and would extend the operation of these provisions indefinitely, except that it would delete the requirement with respect to a notice of sale. The bill would, until January 1, 2018, additionally require the borrower, as defined, to be provided with specified information in writing prior to recordation of a notice of default and, in certain circumstances, within 5 business days after recordation. The bill would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default or, until January 1, 2018, recording a notice of sale or conducting a trustee’s sale while a complete first lien loan modification application is pending, under specified conditions. The bill would, until January 1, 2018, establish additional procedures to be followed regarding a first lien loan modification application, the denial of an application, and a borrower’s right to appeal a denial.

(2) Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale.

The bill would, until January 1, 2018, require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date and time, as specified. The bill would provide that an entity shall not record a notice of default or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the deed of trust, the original or substituted trustee, or the designated agent of the holder of the beneficial interest, as specified.

The bill would prohibit recordation of a notice of default or a notice of sale or the conduct of a trustee’s sale if a foreclosure prevention alternative has been approved and certain conditions exist and would, until January 1, 2018, require recordation of a rescission of those notices upon execution of a permanent foreclosure prevention alternative. The bill would, until January 1, 2018, prohibit the collection of application fees and the collection of late fees while a foreclosure prevention alternative is being considered, if certain criteria are met, and would require a subsequent mortgage servicer to honor any previously approved foreclosure prevention alternative.

The bill would authorize a borrower to seek an injunction and damages for violations of certain of the provisions described above, except as specified. The bill would authorize the greater of treble actual damages or $50,000 in statutory damages if a violation of certain provisions is found to be intentional or reckless or resulted from willful misconduct, as specified. The bill would authorize the awarding of attorneys’ fees for prevailing borrowers, as specified. Violations of these provisions by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be violations of those respective licensing laws. Because a violation of certain of those licensing laws is a crime, the bill would impose a state-mandated local program.

The bill would provide that the requirements imposed on mortgage servicers, and mortgagees, trustees, beneficiaries, and authorized agents, described above are applicable only to mortgages or deeds of trust secured by residential real property not exceeding 4 dwelling units that is owner-occupied, as defined, and, until January 1, 2018, only to those entities who conduct more than 175 foreclosure sales per year or annual reporting period, except as specified.

The bill would require, upon request from a borrower who requests a foreclosure prevention alternative, a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact and provide the borrower with one or more direct means of communication with the single point of contact. The bill would specify various responsibilities of the single point of contact. The bill would define single point of contact for these purposes.

(3) Existing law prescribes documents that may be recorded or filed in court.

This bill would require that a specified declaration, notice of default, notice of sale, deed of trust, assignment of a deed of trust, substitution of trustee, or declaration or affidavit filed in any court relative to a foreclosure proceeding or recorded by or on behalf of a mortgage servicer shall be accurate and complete and supported by competent and reliable evidence. The bill would require that before recording or filing any of those documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information. The bill would, until January 1, 2018, provide that any mortgage servicer that engages in multiple and repeated violations of these requirements shall be liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate.

The bill would authorize the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate to adopt regulations applicable to persons and entities under their respective jurisdictions for purposes of the provisions described above. The bill would provide that a violation of those regulations would be enforceable only by the regulating agency.

(4) The bill would state findings and declarations of the Legislature in relation to foreclosures in the state generally, and would state the purposes of the bill.

(5) 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.

7/11/12: Chaptered: Chapter 86, Statutes of 2012.

SB 900 (Leno) Mortgages and deeds of trust: foreclosure.

(1) Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default or, in certain circumstances, a notice of sale, to include a declaration stating that the mortgagee, trustee, beneficiary, or authorized agent has contacted the borrower, has tried with due diligence to contact the borrower, or that no contact was required for a specified reason.

This bill would add mortgage servicers, as defined, to these provisions and would extend the operation of these provisions indefinitely, except that it would delete the requirement with respect to a notice of sale. The bill would, until January 1, 2018, additionally require the borrower, as defined, to be provided with specified information in writing prior to recordation of a notice of default and, in certain circumstances, within 5 business days after recordation. The bill would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default or, until January 1, 2018, recording a notice of sale or conducting a trustee’s sale while a complete first lien loan modification application is pending, under specified conditions. The bill would, until January 1, 2018, establish additional procedures to be followed regarding a first lien loan modification application, the denial of an application, and a borrower’s right to appeal a denial.

(2) Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale.

The bill would, until January 1, 2018, require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date and time, as specified. The bill would provide that an entity shall not record a notice of default or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the deed of trust, the original or substituted trustee, or the designated agent of the holder of the beneficial interest, as specified.

The bill would prohibit recordation of a notice of default or a notice of sale or the conduct of a trustee’s sale if a foreclosure prevention alternative has been approved and certain conditions exist and would, until January 1, 2018, require recordation of a rescission of those notices upon execution of a permanent foreclosure prevention alternative. The bill would until January 1, 2018, prohibit the collection of application fees and the collection of late fees while a foreclosure prevention alternative is being considered, if certain criteria are met, and would require a subsequent mortgage servicer to honor any previously approved foreclosure prevention alternative.

The bill would authorize a borrower to seek an injunction and damages for violations of certain of the provisions described above, except as specified. The bill would authorize the greater of treble actual damages or $50,000 in statutory damages if a violation of certain provisions is found to be intentional or reckless or resulted from willful misconduct, as specified. The bill would authorize the awarding of attorneys’ fees for prevailing borrowers, as specified. Violations of these provisions by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be violations of those respective licensing laws. Because a violation of certain of those licensing laws is a crime, the bill would impose a state-mandated local program.

The bill would provide that the requirements imposed on mortgage servicers, and mortgagees, trustees, beneficiaries, and authorized agents, described above are applicable only to mortgages or deeds of trust secured by residential real property not exceeding 4 dwelling units that is owner-occupied, as defined, and, until January 1, 2018, only to those entities who conduct more than 175 foreclosure sales per year or annual reporting period, except as specified.

The bill would require, upon request from a borrower who requests a foreclosure prevention alternative, a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact and provide the borrower with one or more direct means of communication with the single point of contact. The bill would specify various responsibilities of the single point of contact. The bill would define single point of contact for these purposes.

(3) Existing law prescribes documents that may be recorded or filed in court.

This bill would require that a specified declaration, notice of default, notice of sale, deed of trust, assignment of a deed of trust, substitution of trustee, or declaration or affidavit filed in any court relative to a foreclosure proceeding or recorded by or on behalf of a mortgage servicer shall be accurate and complete and supported by competent and reliable evidence. The bill would require that, before recording or filing any of those documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information. The bill would, until January 1, 2018, provide that any mortgage servicer that engages in multiple and repeated violations of these requirements shall be liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate.

The bill would authorize the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate to adopt regulations applicable to persons and entities under their respective jurisdictions for purposes of the provisions described above. The bill would provide that a violation of those regulations would be enforceable only by the regulating agency.

(4) The bill would state findings and declarations of the Legislature in relation to foreclosures in the state generally, and would state the purposes of the bill.

(5) 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.

7/11/12: Chaptered: Chapter 87, Statutes of 2012.

SP-6 Senior Senator Richard Lundin:442nd Regimental Combat Team Day.

This proposal requires that a day of recognition and celebration be established to honor the highly decorated WWII 442 Regimental Combat Team.

SP-8 Senior Senator Richard Lundin: Housing Security: Seniors.

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

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

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

SP-10 Senior Senator Joseph F. Murphy: Silver Alert Program.

This proposal establishes a missing persons program called Silver Alert to protect persons suffering from Alzheimer’s or dementia who roam away from home.

SB 1047 (Alquist) Emergency services: seniors.

Existing law authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law requires a law enforcement agency to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person.

This bill would require that if a person is reported missing to a law enforcement agency, and that agency determines that certain requirements are met, including, among others, that the missing person is 65 years of age or older, the law enforcement agency shall request the California Highway Patrol to activate a Silver Alert.

The bill would require the California Highway Patrol to activate a Silver Alert upon request if it concurs with the law enforcement agency that specified requirements are met. The bill would require the California Highway Patrol to, upon activation of a Silver Alert, take certain actions to assist the agency investigating the disappearance.

9/27/12: Chaptered; Chapter 651, Statutes of 2012.

SP-12 Senior Senator Robert Smith: Emergency Roadside Assistance: Disabled Persons and Seniors.

This proposal provides free transportation for wheelchair-bound seniors who are involved in disabled automobiles on a freeway.

SP-13 Senior Senator Bruce Steir: Building Standards: Staircase Handrails.

This proposal requires that handrails be provided at all public staircases, including theaters, museums, stadiums and restaurants.

SP-17 Senior Senator Erwin F. Fromm: Conservatee and Dependent Adult Abduction.

This proposal requires the expansion of the scope of dependent adult “abduction” to include removal or restraint to any location in the state, to conform to the legal definition of “kidnapping.”

 

Summary of the Federal Legislative Proposals

AFP – Senior Assembly Proposal         SFP – Senior Senate Proposal

AFP-1 Senior Assembly Member Eleanor Bloch: Emergency Transportation for Seniors and Disabled.

This proposal would require the FEMA Administrator to mobilize paratransit, paramedics, and others to move disabled and seniors to safe places in the event of natural disasters.

AFP-3 Senior Assembly Member Michael Haas: Sex Discrimination in Federally Funded Programs and Activities.

This proposal requires Congress to amend the Civil Rights Act to eliminate sex discrimination in the distribution of benefits for federally funded social service programs.

AFP-8 Senior Assembly Member Alice Loh: Implementation of the Federal Patient Protection and Affordable Care Act .

This proposal intends to stop Congressional action that prevents CMS from using Continuing Resolution funds to administer payments based on rates set up by the Affordable Care Act.

AFP-9 Senior Assembly Member Alice Loh: Social Security: Beneficiary Distribution.

This proposal requires that no one be allowed to alter Social Security distributions by reducing the amount or eliminating all benefits or privatizing the system.

AFP-10 Senior Assembly Member Foster Lopes: Personal Income Tax: Social Security Benefits.

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

AFP-12 Senior Assembly Member Austin E. Lucero: Medicare Dental Services.

This proposal requires that Medicare coverage be expanded to include dental care.

AJR 30 (Pan) Medicare: dental care.

This measure would memorialize the President and Congress of the United States to enact legislation that would add comprehensive, preventative dental care coverage to Medicare benefits.

9/18/12: Chaptered: Resolution Chapter 138, Statutes of 2012.

AFP-13 Senior Assembly Member Lauren Rolfe: Taxation: Deductions: Mileage Rates: Senior Volunteer Activities.

This proposal increases the allowable tax deduction for mileage incurred by volunteering by seniors aged 55+ up to the Federal business allowable mileage deduction.

AFP-14 Senior Assembly Member Terry Sonnefield: The Alzheimer Silver Alert Program.

This proposal establishes a federally coordinated program known as Silver Alert to locate missing persons with dementia and a federal grant program to fund states’ development

AFP-15 Senior Assembly Member Billie Taylor: Social Security Burial Benefits.

This proposal requires that the SSA burial benefit be increased to $495 and be payable to an immediate family member.

AFP-16 Senior Assembly Member Elizabeth A. Warren: Family Caregivers Income Tax Credit.

This proposal requires an annual $1,500 reimbursable tax credit for family members who pay for and/or provide long-term care.

AFP-17 Senior Assembly Member Charles E. Mitchell: Health Care Practitioners.

This proposal requires the development of national registries for all licensed or certified healthcare professionals.

SFP-1 Senior Senator Connie Eaton: Social Security Financing .

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

SFP-3 Senior Senator Richard Lundin: Federal Annuitants: 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-4 Senior Senator Susan Thompson: Medicare: Discharge Rights Notice.

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

 

Proposals from Session of 2010 (Two-year Bills)

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.

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, among other things, require the office to submit an annual advocacy report to the Legislature and others in accordance with specified provisions of federal law, would require the office to perform specified duties relating to protecting the health, safety, welfare, and rights of residents in long-term care facilities, and would require the office to maintain an Internet Web presence, as prescribed. This bill would also make conforming changes and technical, nonsubstantive changes to these provisions.

9/27/12: Chaptered: Chapter 649, Statutes of 2012.

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

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

SB 529 (Correa) Aging: strategic planning.

Existing law requests the University of California to compile specified information, including a survey of existing resources throughout California’s governmental and administrative structure that are available to address the needs of an aging society. Existing law requires the Secretary of California Health and Human Services, based upon the information compiled by the University of California and with the consultation or advice of specified entities, to develop a statewide strategic plan on aging for long-term planning purposes and submit the plan to the Legislature by July 1, 2003.

This bill would require that the plans developed pursuant to these provisions be updated by January 1, 2014, and periodically thereafter, to include specified information.

1/31/12: Returned to Secretary of Senate (i.e., failed).

The following proposal from 2006 CSL Session was authored in 2010 (Two-year bill)

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 require that, if the suspected abuse results in serious bodily injury, as defined, a mandated reporter make a telephone report to report suspected or alleged physical abuse, as defined, that occurs in a long-term care facility, to the local law enforcement agency, immediately, and no later than within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse. The bill would require that a written report be made to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse. The bill would require that, if the suspected abuse does not result in serious bodily injury, a mandated reporter make a report by telephone and in writing within 24 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse, as specified.

Existing law authorizes a mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated occurred in a state mental hospital or a state developmental center, to report to the designated investigator of the State Department of State Hospitals or the State Department of Developmental Services or to a local law enforcement agency or to the local ombudsman.

This bill would delete the local ombudsman from the list of persons to whom the mandated reporter may report under these circumstances. This bill would authorize a person who is not a mandated reporter to report suspected or alleged abuse that occurred in a long-term care facility to both a long-term care ombudsman program or local law enforcement agency.

By changing the scope of an existing crime, this bill would impose a state-mandated local program. By increasing the duties of local officials, 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.

9/27/12: Chaptered: Chapter 659, Statutes of 2012.

 

 

The following proposal from the 2007 CSL Session has been authored in the current session:

SP-18 Senior Senator Mesler: Mello-Granlund Older Americans Act.

This proposal amends the Mello-Granlund Older Californians Act to define disability.

AB 1737 (Carter) Mello-Granlund Older Californians Act.

Existing law requires the California Department of Aging to administer the federal Older American’s Act in California and the Mello-Granlund Older Californians Act, and imposes various functions and duties on the department with respect to the administration and development of programs for older individuals.

This bill would make a technical, nonsubstantive change to those provisions.

2/16/12: Introduced (place holder).

AB 152 (2009) (Carter) Mello-Granlund Older Californians Act: disability: definition

Under existing law, the Mello-Granlund Older Californians Act, the California Department of Aging, and local area agencies on aging administer various programs for elderly persons. This act, with certain exceptions, does not contain a definition of “disability.”

This bill would define “disability” for purposes of the act as either a mental or physical disability, as those terms are defined.

1/31/10: Died.

AB 2160 (2008) (Carter) Mello-Granlund Older Californians Act: disability: definition

Under existing law, the Mello-Granlund Older Californians Act, the California Department of Aging, and local area agencies on aging administer various programs for elderly persons. This act, with certain exceptions, does not contain a definition of disability.

This bill would define “disability” for purposes of the act as either a mental or physical disability, as defined.

9/28/08: Vetoed by the Governor.