SENIOR ASSEMBLY PROPOSAL NO. 7

INTRODUCED BY SENIOR ASSEMBLY MEMBER GLASMEIER

(COAUTHOR: SENIOR SENATOR HARTMANN)

 

LEGISLATIVE COUNSEL'S DIGEST

AP 7: MANDATED REPORTING FOR NOTARIES PUBLIC.

UNDER EXISTING LAW, THE ELDER ABUSE INDEPENDENT ADULT CIVIL PROTECTION ACT, REQUIRES CERTAIN PARTIES AND INSTITUTIONS, KNOWN AS MANDATED REPORTERS, TO REPORT, UNDER SPECIFIED CIRCUMSTANCES, KNOWN OR SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT BY TELEPHONE OR THROUGH A CONFIDENTIAL INTERNET REPORTING TOOL IMMEDIATELY, OR AS SOON AS PRACTICALLY POSSIBLE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD INCLUDE NOTARIES PUBLIC WITHIN THE DEFINITION OF MANDATED REPORTERS OF SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT FOR PURPOSES OF THE ELDER ABUSE INDEPENDENT ADULT CIVIL PROTECTION ACT.

VOTE: MAJORITY.

AP 7: RELATING TO NOTARIES PUBLIC

WHEREAS, ELDER FINANCIAL ABUSE HAS INCREASED IN THE STATE OF CALIFORNIA AND WILL CONTINUE TO DO SO AS CALIFORNIA’S SENIOR POPULATION INCREASES; AND

WHEREAS, CALIFORNIA HAS THE LARGEST POPULATION OF OLDER AMERICANS IN THE UNITED STATES, WITH THE UNITED STATES CENSUS BUREAU PROJECTING THE ELDERLY POPULATION INCREASING FROM 3.7 MILLION TO 6.4 MILLION OVER THE NEXT 20 YEARS. THESE PROJECTIONS, COUPLED WITH THE BABY BOOMERS’ FINANCIAL STRENGTH, SET THE GROUNDWORK FOR THE SIGNIFICANT POTENTIAL OF ELDER FINANCIAL ABUSE; AND

WHEREAS, SCAMS ARE PERPETRATED ROUTINELY AGAINST CALIFORNIA’S SENIOR ADULTS, RESULTING IN THE LOSS OF BILLIONS OF DOLLARS BY SENIOR ADULTS ANNUALLY; AND

WHEREAS, NOTARIES PUBLIC ARE OFTEN RESPONSIBLE FOR THE VERIFICATION OF SIGNATURES AND FOR LEGAL TRANSACTIONS, AND ARE IN KEY POSITIONS TO RECOGNIZE AND REPORT FINANCIAL ABUSE; AND

WHEREAS, NOTARY PUBLIC LICENSING IS NOT A COMPLEX PROCESS, AND REQUIRES ONLY THAT A NOTARY PUBLIC APPLICANT IS ABLE TO SPEAK, READ, AND WRITE IN ENGLISH, BE A LEGAL RESIDENT OF CALIFORNIA, TAKE A NOTARY PUBLIC COURSE AND PASS A NOTARY PUBLIC EXAMINATION, AND NOT HAVE A RECORD OF COMMITTING A FELONY; AND

WHEREAS, A MANDATED REPORTER IS A PERSON WHO, THROUGH A RELATIONSHIP WITH ANOTHER PERSON, HAS A DUTY TO REPORT REASONABLY SUSPECTED INSTANCES OF PHYSICAL, EMOTIONAL, OR FINANCIAL ABUSE AGAINST THE PERSON TO THE PROPER AUTHORITIES; AND

WHEREAS, THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT REQUIRES A MANDATED REPORTER OF SUSPECTED FINANCIAL ABUSE TO REPORT KNOWN OR SUSPECTED INSTANCES OF FINANCIAL ABUSE IN CERTAIN SITUATIONS; AND

WHEREAS, BECAUSE NOTARIES PUBLIC ARE EXPOSED TO A WIDE ARRAY OF THE LEGAL DOCUMENTS OF SENIOR ADULTS AND HAVE THE OPPORTUNITY TO REVIEW LEGAL DOCUMENTS TO SPOT POTENTIAL INSTANCES OF ABUSE, NOTARIES PUBLIC SHOULD BE MADE MANDATED REPORTERS OF SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT IN THE STATE OF CALIFORNIA; 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 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE ELDER ABUSE AND INDEPENDENT ADULT CIVIL PROTECTION ACT BE AMENDED TO INCLUDE NOTARIES PUBLIC AS MANDATED REPORTERS OF SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT; 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.

- 0 -

RN 12 15845