SENIOR ASSEMBLY PROPOSAL NO. 30

INTRODUCED BY SENIOR ASSEMBLY MEMBER HELEN KARR

(COAUTHORS: ASSEMBLY MEMBERS GOLDMAN AND KIRUESHKIN

(COAUTHOR: SENATOR MANNIA)

LEGISLATIVE COUNSEL'S DIGEST

AP 30:  MANDATED REPORTERS OF DEPENDENT ADULT AND ELDER ABUSE.

UNDER EXISTING LAW, PERSONS CHARACTERIZED AS MANDATED REPORTERS ARE REQUIRED TO REPORT PHYSICAL ABUSE, ABANDONMENT, ISOLATION, FINANCIAL ABUSE, OR NEGLECT OF AN ELDER OR DEPENDENT ADULT.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AMEND SUBDIVISION (A) OF SECTION 15630 OF THE WELFARE AND INSTITUTIONS CODE TO INCLUDE DANK, SAVINGS AND LOAN, OR CREDIT UNION OFFICERS, TRUSTEES, OR EMPLOYEES AS MANDATED REPORTERS OF ELDER OR DEPENDENT ADULT ABUSE.

 VOTE: MAJORITY.

AP 30: RELATED TO MANDATED REPORTING OF DEPENDENT ADULT AND ELDER ABUSE

WHEREAS, ELDER AND DEPENDENT ADULTS ARE OFTEN SUBJECTED TO ALL FORMS OF ABUSE, INCLUDING PHYSICAL, PSYCHOLOGICAL, AND FINANCIAL ABUSE; AND  

WHEREAS, ELDER AND DEPENDENT ADULT ABUSE LAWS WERE MODELED AFTER CHILD ABUSE LAWS, AND THEREFORE MORE CLEARLY ADDRESS PHYSICAL ABUSE THAN FINANCIAL ABUSE; AND

WHEREAS, SEVENTY PERCENT OF ALL TYPES OF ELDER AND DEPENDENT ADULT ABUSE INVOLVE FINANCIAL ABUSE; AND

WHEREAS, FINANCIAL ELDER AND DEPENDENT ADULT ABUSE IS MORE PREVALENT AND EASIER TO HIDE THAN PHYSICAL ELDER AND DEPENDENT ADULT ABUSE AND CAN BE STOPPED OR PREVENTED BEFORE IT BECOMES SUBSTANTIAL; AND

 WHEREAS, VULNERABLE ELDER OR DEPENDENT ADULTS WHO HAVE BEEN DEFRAUDED OF THEIR FINANCIAL ASSETS AND PROPERTY LACK THE MEANS TO PAY FOR FOOD, SHELTER, AND MEDICATION, AND THEREFORE THE ABUSE LEADS TO THEIR DIMINISHED HEALTH OR DEATH; AND

 WHEREAS, ACCORDING TO THE AMERICAN MEDICAL JOURNAL, AN ABUSED ELDER OR DEPENDENT ADULT HAS THREE TIMES THE RISK OF DEATH OF AN ELDER OR DEPENDENT ADULT WHO HAS NOT BEEN ABUSED; AND

 WHEREAS, ANYONE WHO IN GOOD FAITH REPORTS SUSPECTED ELDER OR DEPENDENT ABUSE OR EXPLOITATION IS PROTECTED FROM LIABILITY; AND

WHEREAS, ELDER ADULTS HOLD NEARLY $7 OUT OF  EVERY $10 IN RETAIL SAVINGS DEPOSITS OF COMMERCIAL BANKS, AND THEY AVERAGE $3,000 MORE IN THEIR CHECKING ACCOUNT BALANCES THAN ANY OTHER GROUP; AND

 WHEREAS, THE CORE ASSETS OF BANKS ARE AT RISK DUE TO THE RISING AMOUNT OF FINANCIAL EXPLOITATION OF THE ELDERLY BECAUSE THE EXPLOITERS DO NOT REDEPOSIT THE MONEY THAT THEY STEAL; AND

WHEREAS, EXISTING LAW DOES NOT REQUIRE BANK SAVINGS AND LOAN, CREDIT UNION OFFICERS, TRUSTEES, OR EMPLOYEES TO REPORT SUSPECTED ELDER OR DEPENDENT ADULT ABUSE; AND

 WHEREAS, BANKING EMPLOYEES AND SUPERVISORS ARE IN A POSITION TO PREVENT FRAUD AND PROTECT DEPOSITORS, AND IT IS THEIR DUTY TO PROTECT THE ASSETS OF THEIR MOST VULNERABLE DEPOSITORS, ELDER AND DEPENDENT ADULTS; AND

 WHEREAS, THERE ARE PENDING LAWSUITS IN CALIFORNIA AND MASSACHUSETTS THAT DEAL WITH THE LIABILITY OF RETAIL BANKING INSTITUTIONS THAT PAIL TO REPORT FINANCIAL EXPLOITATION; AND

 WHEREAS, THE STATE OF CALIFORNIA HAS A DUTY TO PROTECT ITS ELDER AND DEPENDENT ADULT CITIZENS FROM FINANCIAL ELDER ABUSE; NOW, THEREFORE, BE IT

 RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2000 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT SUBDIVISION (A) OF SECTION 15630 OF THE WELFARE AND INSTITUTIONS CODE BE AMENDED TO INCLUDE BANK, SAVINGS AND LOAN, OR CREDIT UNION OFFICERS, TRUSTEES, OR EMPLOYEES AS MANDATED REPORTERS OF ELDER OR DEPENDENT ADULT ABUSE; AND BE IT FURTHER

 RESOLVED, THAT BANK, SAVINGS AND LOAN, OR CREDIT UNION OFFICERS, TRUSTEES, OR EMPLOYEES BE MANDATED TO REPORT ANY KNOWN OR SUSPECTED FORM OF ELDER OR DEPENDENT ADULT ABUSE TO ADULT PROTECTIVE SERVICES; AND BE IT FURTHER

 RESOLVED, THAT ANY BANK, SAVINGS AND LOAN, OR CREDIT UNION OFFICERS, TRUSTEES, OR EMPLOYEES WHO REPORT SUSPECTED ELDER OR DEPENDENT ADULT ABUSE IN GOOD FAITH BE PROTECTED FROM LIABILITY; AND BE IT FURTHER

 RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER RESOLVED, 

THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.