SENIOR ASSEMBLY PROPOSAL NO. 34

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 34: FINANCIAL ELDER ABUSE REPORTING ACT OF 2005.

EXISTING LAW ESTABLISHES PROCEDURES FOR THE REPORTING, INVESTIGATION, AND PROSECUTION OF ELDER AND DEPENDENT ADULT ABUSE. UNDER EXISTING LAW, CARE CUSTODIANS OF ELDER OR DEPENDENT ADULTS AND LOCAL LAW ENFORCEMENT AGENCIES ARE MANDATED REPORTERS, AND A VIOLATION OF THE REPORTING REQUIREMENTS BY A MANDATED REPORTER IS A MISDEMEANOR. THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005, EFFECTIVE UNTIL JANUARY 1, 2013, PROVIDES FOR VARIOUS REPORTING REQUIREMENTS FOR MANDATED REPORTERS OF SUSPECTED FINANCIAL ABUSE, AND MAKES FAILURE TO COMPLY WITH THESE REQUIREMENTS SUBJECT TO A CIVIL PENALTY.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DELETE THE REPEAL DATE OF THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005, THEREBY EXTENDING THE OPERATION OF THOSE PROVISIONS INDEFINITELY.

VOTE: MAJORITY.

AP 34: RELATING TO FINANCIAL ELDER ABUSE

WHEREAS, SENATE BILL 1018 OF THE 2005-06 REGULAR SESSION ENACTED THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 WITH A REPEAL DATE OF JANUARY 1, 2013, TO ENABLE FINANCIAL INSTITUTIONS TO GAUGE THE EFFECTIVENESS OF MANDATED REPORTING OF FINANCIAL ELDER ABUSE; AND

WHEREAS, THAT ACT PROVIDES IMMUNITY FROM LIABILITY TO PERSONS AUTHORIZED TO REPORT FINANCIAL ABUSE, REQUIRES CROSS-REPORTING OF FINANCIAL ABUSE TO LAW ENFORCEMENT AGENCIES AND OTHERS, AND CREATES A CIVIL PENALTY FOR FAILURE TO REPORT FINANCIAL ABUSE; AND

WHEREAS, SINCE THE ENACTMENT OF THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005, FINANCIAL INSTITUTIONS HAVE DEVELOPED AND IMPLEMENTED POLICIES RELATING TO THE IDENTIFICATION AND REPORTING OF ELDER FINANCIAL ABUSE, AND HAVE TRAINED THEIR EMPLOYEES ON THESE POLICIES AND PRACTICES. DELETING THE REPEAL DATE OF THE ACT WOULD ENSURE THAT THESE POLICIES AND PRACTICES CONTINUE UNABATED AND THAT THE ELDER POPULATION REMAINS PROTECTED FROM FINANCIAL 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 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE REPEAL DATE OF JANUARY 1, 2013, BE DELETED FROM ALL APPLICABLE SECTIONS OF THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005; 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.

RN 10 13834

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