SENIOR ASSEMBLY PROPOSAL NO.24
INTRODUCED BY SENIOR ASSEMBLY MEMBER L. YOUNG
(COAUTHOR: SENIOR SENATOR GOLDMAN)
LEGISLATIVE COUNSEL’S DIGEST
AP 24: LEGAL SERVICES.
EXISTING LAW, THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF AGING, ESTABLISHES THE MULTIPURPOSE SENIOR SERVICES PROGRAM TO PROVIDE SPECIFIED SERVICES, INCLUDING LEGAL SERVICES, TO FRAIL ELDERLY INDIVIDUALS 60 YEARS OF AGE AND OLDER. THE ACT ALSO REQUIRED THE DEPARTMENT TO ESTABLISH A TASK FORCE OF SPECIFIED MEMBERS TO STUDY AND MAKE RECOMMENDATIONS TO THE LEGISLATURE ON OR BEFORE SEPTEMBER 1, 2002, ON THE IMPROVEMENT OF LEGAL SERVICES DELIVERY TO SENIOR CITIZENS IN CALIFORNIA.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DO ALL OF THE FOLLOWING: APPROPRIATE SUFFICIENT FUNDS FOR A FULL-TIME LEGAL SERVICES DEVELOPER AND ADEQUATE STAFF WITHIN THE CALIFORNIA DEPARTMENT ON AGING; APPROPRIATE SUFFICIENT FUNDS TO ENABLE THE DEPARTMENT TO CARRY OUT ALL THE OTHER TASKS ASSIGNED TO IT IN THE RECOMMENDATIONS OF THE LEGAL SERVICES TASK FORCE; AND APPROPRIATE NEW STATE FUNDS FOR SENIOR LEGAL SERVICES, LOCAL PROVIDERS, AND THE STATEWIDE SENIOR LEGAL HOTLINE, SUPPLEMENTING FEDERAL FUNDS AT LEVELS SUFFICIENT TO ENABLE THE PROVIDERS TO MEET THE NEEDS FOR LEGAL ASSISTANCE AND REPRESENTATION OF CALIFORNIA SENIORS. THE MEASURE ALSO WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO URGE THE FEDERAL GOVERNMENT TO INCREASE ITS APPROPRIATION UNDER THE FEDERAL OLDER AMERICANS ACT FOR SENIOR LEGAL SERVICES, AND ASSUME A LEADERSHIP ROLE IN LAUNCHING A NATIONWIDE EFFORT TO INCREASE THAT FEDERAL FUNDING.
VOTE: MAJORITY.
AP 24: RELATING TO LEGAL SERVICES
SENIOR ASSEMBLY PROPOSAL NO.23
INTRODUCED BY SENIOR ASSEMBLY MEMBER WIECK
(COAUTHOR: SENIOR ASSEMBLY MEMBER TUCKER)
(COAUTHOR: SENIOR SENATOR FROMM)
LEGISLATIVE COUNSEL’S DIGEST
AP 23: NURSING HOME RESIDENTS’ RIGHT TO VOTE.
UNDER EXISTING LAW, SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES ARE NOT REQUIRED, UPON ADMITTING RESIDENTS, TO ADVISE THEM OF THEIR RIGHT TO REGISTER TO VOTE AND TO ASSIST THEM IN FILLING OUT THE REGISTRATION FORM IF THEY ARE UNABLE TO DO SO.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ADD VOTER REGISTRATION REQUIREMENTS TO ATTACHMENT “A” OF THE STANDARD STATE ADMITTANCE AGREEMENT, ENTITLED “THE RESIDENT BILL OF RIGHTS,” AND WOULD ONLY EXEMPT THOSE RESIDENTS WHO ARE JUDICIALLY DETERMINED TO BE INCOMPETENT OR WHO ARE FOUND BY THEIR PHYSICIAN TO BE MEDICALLY INCAPABLE OF UNDERSTANDING THEIR RIGHT TO VOTE.
VOTE: MAJORITY.
AP 23: RELATING TO NURSING HOME RESIDENTS’ RIGHT TO VOTE
WHEREAS, THE UNITED STATES CENSUS 2000 FOUND THAT 4.74 MILLION CALIFORNIA RESIDENTS ARE 60 YEARS OF AGE AND OLDER, CONSTITUTING 14 PERCENT OF THE POPULATION, THE UNITED STATES CENSUS BUREAU’S ESTIMATE FOR 2004 ROSE TO 5.2 MILLION, AND BY 2020, THIS POPULATION IS PROJECTED TO INCREASE TO 9 MILLION SENIORS CONSTITUTING 20 PERCENT OF THE STATE’S TOTAL POPULATION. CALIFORNIA HAS A MILLION MORE SENIORS THAN THE NEXT MOST SENIOR-POPULATED STATE, FLORIDA; AND
WHEREAS, ALL SENIORS FACE ENORMOUS NEW CHALLENGES DUE TO CHANGES IN HEALTH CARE, SOCIAL SECURITY AND PRIVATE PENSION SYSTEMS, TAX AND WELFARE REFORMS, THE AFFORDABLE HOUSING CRUNCH, DEREGULATION OF UTILITIES AND OTHER SERVICES, ELDER ABUSE, AND THE GROWING NUMBER OF HOUSEHOLDS WITH CHILDREN HEADED BY GRANDPARENTS. MANY SENIORS ARE EVEN MORE AT RISK DUE TO POVERTY OR NEAR-POVERTY, PHYSICAL AND MENTAL FRAILTY, LACK OF ENGLISH LANGUAGE FLUENCY, AND GEOGRAPHICAL OR SOCIAL ISOLATION; AND
WHEREAS, THESE FACTORS INCREASE THE LEGAL RISKS TO MANY CALIFORNIA SENIORS’ INDEPENDENCE AND WELL-BEING, UNDERLINED BY THEIR VULNERABILITY TO EXPLOITATION AND ABUSE BY LANDLORDS, DISHONEST CARE PROVIDERS, DISCRIMINATORY EMPLOYERS, POORLY INFORMED OR OVERLY AGGRESSIVE ESTATE AND FINANCIAL PLANNERS, PREDATORY LENDERS, CON ARTISTS POSING AS “FRIENDS,” EVEN NEIGHBORS, AND, SADLY, RELATIVES; AND
WHEREAS, LOCAL PROVIDERS OFFER LEGAL ASSISTANCE TO SENIORS IN MOST, BUT NOT ALL, COUNTIES, FUNDED THROUGH THE FEDERAL OLDER AMERICANS ACT (42 U.S.C.A. SEC. 3030d), WITH FUNDS CHANNELED THROUGH THE STATE AND ITS 33 AREA AGENCIES ON AGING. THE LEVEL OF THE FUNDING VARIES TREMENDOUSLY, HOWEVER, AS DOES THE VARIOUS PROVIDERS’ ABILITY TO MEET THEIR SENIORS’ DEMANDS. FUNDING LEVELS FOR DIRECT REPRESENTATION AND PREVENTIVE COMMUNITY EDUCATION ARE INADEQUATE, FOR THE MOST PART; AND
WHEREAS, SENIOR LEGAL SERVICES ARE DISTINCT FROM GENERAL LEGAL AID; AND
WHEREAS, THE CALIFORNIA SENIOR LEGAL HOTL1NE THAT BECAME AVAILABLE TO 35 PERCENT OF THE STATE’S SENIORS IN 1994 HAS NOW EXPANDED TO COVER THE ENTIRE STATE. THE ROLE OF THE HOTLINE IS TO PROVIDE FREE ADVICE, PROBLEM-SOLVING HELP, PREVENTIVE EDUCATION, ADVOCACY, AND A PILOT MEDIATION PROGRAM TO RESOLVE DISPUTES. THE HOTLINE DOES NOT PROVIDE LITIGATION SERVICES. IN 2005, THE HOTLINE’S SMALL STAFF AND VOLUNTEERS HANDLED MORE THAN 10,000 CASES, WITH DEMONSTRATED DEMAND SEVERAL TIMES THAT. BUT DUE TO UNSTABLE FEDERAL AND PRIVATE FUNDING, ITS CONTINUED EXISTENCE IS IN JEOPARDY; AND
WHEREAS, WITHOUT RELIABLE, CONVENIENT SOURCES OF LEGAL ADVICE, INFORMATION, REPRESENTATION, AND AUXILIARY ASSISTANCE THAT ALL SENIORS CAN EASILY ACCESS, MORE SENIORS WILL BE VICTIMIZED, MORE WILL LOSE THEIR HOMES UNNECESSARILY, MANY WILL RECEIVE LESS TIMELY HEALTH CARE ACCESS, THERE WILL BE LESS RESPONSE TO ELDER ABUSE, MORE CHILDREN WILL LACK POTENTIALLY STABLE HOMES WITH GRANDPARENTS, AND THERE WILL BE MORE FAULTY PLANNING FOR LONG-TERM CARE; AND
WHEREAS, THE 2001 SENIOR LEGAL SERVICES BILL (CH. 682, STATS. 2001 (AB 830)) REQUIRED THE CALIFORNIA DEPARTMENT OF AGING TO ESTABLISH A LEGAL SERVICES TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS ON WAYS TO ENHANCE DELIVERY OF LEGAL SERVICES TO SENIORS IN CALIFORNIA; AND
WHEREAS, THE AB 830 TASK FORCE PROVIDED THE LEGISLATURE WITH A COMPREHENSIVE LIST OF RECOMMENDATIONS TO IMPROVE LEGAL SERVICES FOR SENIORS. THESE INCLUDE EDUCATION AND TRAINING, STATEWIDE STANDARDS FOR SERVICE, INCLUSION OF A STATEWIDE SENIOR LEGAL HOTLINE AS PART OF THE SENIOR LEGAL SERVICES NETWORK, DEVELOPMENT OF CONSISTENT, EFFECTIVE TOOLS FOR MONITORING AND EVALUATION, AND APPROPRIATION OF SUFFICIENT FUNDING TO IMPLEMENT THE RECOMMENDATIONS; AND
WHEREAS, PROVISION OF LEGAL ASSISTANCE TO SENIORS, COORDINATION OF ITS DELIVERY BY LOCAL PROGRAMS AND THE STATEWIDE HOTLINE, AND PREVENTIVE LEGAL EDUCATION FOR ELDERS ARE MORE NECESSARY NOW THAN EVER BECAUSE OF THE RAPIDLY INCREASING AGING POPULATION; 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 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE OF THE STATE OF CALIFORNIA DO ALL OF THE FOLLOWING: APPROPRIATE SUFFICIENT FUNDS FOR A FULL-TIME LEGAL SERVICES DEVELOPER AND ADEQUATE STAFF WITHIN THE CALIFORNIA DEPARTMENT ON AGING; APPROPRIATE SUFFICIENT FUNDS TO ENABLE THE DEPARTMENT TO CARRY OUT ALL THE OTHER TASKS ASSIGNED TO IT IN THE RECOMMENDATIONS OF THE LEGAL SERVICES TASK FORCE; APPROPRIATE NEW STATE FUNDS FOR SENIOR LEGAL SERVICES, LOCAL PROVIDERS, AND THE STATEWIDE SENIOR LEGAL HOTLINE, SUPPLEMENTING FEDERAL FUNDS AT LEVELS SUFFICIENT TO ENABLE THE PROVIDERS TO MEET THE NEEDS FOR LEGAL ASSISTANCE AND REPRESENTATION OF CALIFORNIA SENIORS; AND URGE THE FEDERAL GOVERNMENT TO INCREASE ITS APPROPRIATION UNDER THE OLDER AMERICANS ACT FOR SENIOR LEGAL SERVICES, AND ASSUME A LEADERSHIP ROLE IN LAUNCHING A NATIONWIDE EFFORT TO INCREASE THAT FEDERAL FUNDING; 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.
RN20061900306
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