AMENDED IN SENIOR ASSEMBLY OCTOBER 30, 2012

SENIOR ASSEMBLY PROPOSAL NO. 9

INTRODUCED BY SENIOR ASSEMBLY MEMBER HAAS

(COAUTHOR: SENIOR DRNATOR FINGOLD)

LEGISLATIVE COUNSEL'S DIGEST

AP 9: DISCLOSURE OF AGENCY ACTION CONCERNING SENIORS.

EXISTING LAW PROVIDES A PERSON ACCESS TO VARIOUS RECORDS KEPT BY STATE, COUNTY, AND CITY AGENCIES UPON REQUEST PURSUANT TO THE CALIFORNIA PUBLIC RECORDS ACT AND ARTICLE ONE OF THE CALIFORNIA CONSTITUTION.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD, NO LATER THAN JANUARY 1, 2014, REQUIRE EVERY STATE, COUNTY, AND CITY AGENCY TO FILE SUMMARY REPORTS ON SENIOR-RELATED FORMAL COMPLAINTS WITH THE DEPARTMENT OF JUSTICE. THE PROPOSAL WOULD REQUIRE THE DEPARTMENT OF JUSTICE TO MAKE THIS SUMMARY INFORMATION AVAILABLE TO THE PUBLIC AND FOR THE INFORMATION TO BE ORGANIZED BY AGENCY, DATE OF COMPLAINT, NATURE OF COMPLAINT, DATES OF AGENCY ACTION, AND THE DISPOSITION OF THE COMPLAINT. THE PROPOSAL WOULD ALSO AUTHORIZE THE DEPARTMENT OF JUSTICE TO REQUIRE THESE REPORTS FOR THE YEARS 2000 TO 2013, INCLUSIVE.

VOTE: MAJORITY.

AP 9: RELATING TO DISCLOSURE OF AGENCY ACTION CONCERNING SENIORS

WHEREAS, DISCRIMINATION AGAINST SENIORS IS ILLEGAL UNDER STATE LAW IN EMPLOYMENT, HOUSING, SOCIAL SERVICE PROGRAMS, AND OTHER AREAS; AND

WHEREAS, THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, THE STATE DEPARTMENT OF SOCIAL SERVICES, AND OTHER STATE AGENCIES ARE AUTHORIZED TO RECEIVE AND TO ACT ON COMPLAINTS FROM AND CONCERNING SENIORS; AND

WHEREAS, NUMEROUS STATE AGENCIES HAVE NOT TAKEN APPROPRIATE ACTION ON COMPLAINTS CONCERNING ISSUES THAT AFFECT SENIORS. CONSEQUENTLY, MANY PROBLEMS AFFECTING SENIORS HAVE GONE UNADDRESSED; AND

WHEREAS, PUBLIC AGENCIES SHOULD BE ACCOUNTABLE FOR CARRYING OUT THEIR MANDATED DUTIES; AND

WHEREAS, THE INFORMATION REQUESTED BY THIS PROPOSAL IS NOT CONFIDENTIAL AND IS A PUBLIC RECORD ACCESSIBLE UNDER THE CALIFORNIA PUBLIC RECORDS ACT AND ARTICLE ONE OF THE CALIFORNIA CONSTITUTION; AND

WHEREAS, THE DEPARTMENT OF JUSTICE SHOULD HAVE THE POWER TO COMPEL STATE AGENCIES TO ANNUALLY PRODUCE RECORDS OF COMPLAINTS FROM AND RELATING TO SENIORS; 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 DEPARTMENT OF JUSTICE REQUIRE ALL STATE, COUNTY, AND CITY AGENCIES TO COMPILE COMPLAINTS FROM, ON BEHALF OF, AND RELATING TO SENIORS BEGINNING WITH COMPLAINTS FILED IN THE YEAR 2000; AND BE IT FURTHER

RESOLVED, THAT THE DEPARTMENT OF JUSTICE MAKE THESE RECORDS AVAILABLE NO LATER THAN JANUARY 1, 2014, AND THAT THE INFORMATION COMPILED BE ORGANIZED BY DATE OF COMPLAINT, NATURE OF COMPLAINT, ACTION TAKEN, AND CURRENT DISPOSITION; AND BE IT FURTHER

RESOLVED, THAT THE DEPARTMENT OF JUSTICE MAKE THE REPORTS AVAILABLE TO THE PUBLIC BY JUNE 30 OF EACH YEAR BEGINNING IN 2014; AND BE IT FURTHER

RESOLVED, THAT IMMEDIATE STEPS ARE NEEDED TO EMPOWER THE DEPARTMENT OF JUSTICE TO COLLECT, IMPROVE, AND SYSTEMATIZE RECORDKEEPING CONCERNING FORMAL COMPLAINTS FILED BY, ON BEHALF OF, AND RELATING TO SENIORS. FURTHERMORE, THE DEPARTMENT OF JUSTICE NEEDS TO BE EMPOWERED BY APPROPRIATE LEGISLATION TO ENFORCE COMPLIANCE WITH THE PROVISIONS CONTAINED IN THE LAW; 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.

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