2004 Session Proposals

Summary of Proposals of CSL 2004 Session

Updated September 30, 2005

The purpose of the CSL is to develop proposals for legislation at both the state and federal levels. At its Annual Session the CSL holds hearings on the proposals that have been submitted by its members to determine which of those proposals should be carried forward. Finally, the proposals to be carried forward are prioritized to select the top ten state proposals and top four federal proposals.

The results for the 2004 session are provided here. Within group the proposals are listed in order of proposal number. The complete text of the proposal may be obtained by clicking on the title.

For proposals that have been authored by State legislators, the bill summary is provided. Additional information including the full text of such bills is available through the Bill Information page of the California Legislature information web site.

Summaries, without the authored bill information, are available in Acrobat® (pdf) format for convenience in printing: Top Ten Proposals or All Passed Proposals. A free copy of the Acrobat® Reader® may be downloaded directly from the Adobe web site by clicking here.

Summary of the Top Ten State Legislative Proposals

AP – Senior Assembly Proposal SP – Senior Senate Proposal
AB – California Assembly Bill SB – California Senate Bill

AP-1 Senior Assembly Member Edgar: Financial Abuse Protection for Mentally Impaired Elders.

This proposal requires the transmission of a potentially abused elder’s financial records to institutions to freeze the assets from possible abusers.

AB 609 (Lieber) Public guardian: adult protective services

Existing law authorizes the public guardian, upon receipt of a declaration from a peace officer indicating that an elder person is unable to manage his or her financial resources or to resist fraud or undue influence, among other specified factors, to rely on that information and take immediate possession and control of the property of the elder person. Under existing law, a declaration prepared in accordance with those provisions is required to be signed by both a peace officer and a supervisor from the county’s adult protective services agency.

This bill would provide that a declaration also may be signed by a designated representative of the county’s adult protective services agency. The bill would additionally revise the term “declaration” as it is used in those provisions of law to include documents signed by a designated representative of the county’s adult protective services agency. The bill would also require that declaration to be transmitted to the appropriate financial institution within 24 hours of it being signed.

6/13/05: Amended wholly to another purpose.

AP-4 Senior Assembly Member Gould: Purpose of Prescriptions.

This proposal requires that all prescriptions contain a notice of the intended purpose of the drug, unless the patient or the physician requests that this information be omitted.

AB 288 (Mountjoy) Pharmacies: prescription containers: labels

The existing Pharmacy Law provides for the licensing, regulation, and enforcement of the practice of pharmacy by the California State Board of Pharmacy. Existing law generally makes it a misdemeanor to knowingly violate the Pharmacy Law. The Pharmacy Law prohibits a pharmacist from dispensing a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with, among other things, the condition for which the drug was prescribed if requested by the patient and if the condition is indicated on the prescription.

This bill would revise this prescription container labeling requirement to, instead, require the container to be labeled with, among other things, the condition for which the drug was prescribed, unless the patient, physician, or a parent or legal guardian of a minor patient requests that the information be omitted. By revising the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

3/3/05: To Health and Business & Professions.

AB 657 (Karnette) Pharmacies: prescription containers: labels

Existing Law, the Pharmacy Law, makes the California State Board of Pharmacy responsible for the regulation of the practice of pharmacy. Existing law generally makes it a misdemeanor to knowingly violate the Pharmacy Law.

The Pharmacy Law prohibits a pharmacist from dispensing a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with, among other things, the condition for which the drug was prescribed if requested by the patient and if the condition is indicated on the prescription.

This bill would eliminate the requirement of the labeling requirement pertaining to the condition for which the drug was prescribed, and would instead require the container to be labeled with the intended purpose, as defined, of the drug, as set forth on the prescription, and would require that the purpose be listed on the prescription.

The bill would, except for veterinarians, require a person who is authorized to write or issue a prescription to ask the patient or his or her authorized representative whether to indicate the intended purpose of the prescription on the prescription’s label.

Because the bill would specify additional requirements under the Pharmacy Law, the violation of which is a crime, it would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

6/21/05: Amended in Senate Business, Professions, and Economic Development Committee.

AP-6 Senior Assembly Member Kim-Selby: Stroke Education Campaign.

This proposal establishes a Stroke Education Program to reduce the incidences of stroke through seminar programs in various facilities.

SB 209 (Alquist) Stroke Education

Existing law establishes the Heart Disease and Stroke Prevention Task Force within the State Department of Health Services and requires the task force to create a heart disease and stroke prevention and treatment state master plan and submit the plan to the Legislature, the Governor, and the department by November 1, 2005. These provisions become inoperative March 1, 2006, and are repealed January 1, 2007.

This bill would require the State Department of Health Services to implement a stroke education campaign.

5/26/05: In Appropriations: held under submission.

AP-7 Senior Assembly Member Lucero: Hearing Aids Availability and Cost.

This proposal requires that hearing aids be made available for over-the-counter sales at reasonable prices subject to the regulation of the Department of Health Services.

AB 615 (Vargas) Hearing aids: over-the-counter sales

Under existing law, the Hearing Aid Dispensers Licensing Law, the Hearing Aid Dispensers Bureau licenses and regulates the practice of fitting and selling hearing aids, and makes a violation of the act a misdemeanor. Under that law, a hearing aid is required to be dispensed by a licensed hearing aid dispenser. Existing law, the Federal Food, Drug, and Cosmetic Act, also regulates the labeling and conditions for sale of hearing aid devices, and preempts state laws that are different from or in addition to those requirements.

This bill would authorize the over-the-counter sale of hearing aid devices if consistent with federal law.

2/28/05: To Health.

AP-14 Senior Assembly Member Basuino: Quality Program for Canadian Drugs.

This proposal requires the establishment of a quality program to ensure the availability of safe Canadian drugs at Canadian prices to remain in effect until prices become affordable.

AP-16 Senior Assembly Member Lacey: Residential Care Facility for the Elderly Inspections.

This proposal requires the reinstatement of annual evaluations of all RCFEs.

SB 374 (Alquist) Residential care facilities for the elderly: evaluations

See also SP-7.

Existing law requires the State Department of Social Services to visit residential care facilities for the elderly as often as necessary to ensure the quality of care provided, but not less than once every 5 years. The department is required to conduct an annual unannounced visit to a facility when its license is on probation, the compliance plan or a condition of federal funding mandates annual visits, an accusation against a licensee is pending, or to verify that a person who has been ordered out of the facility by the department is no longer there. With all other residential care facilities for the elderly, the department is required to conduct an annual unannounced visit to no less than 10%.

This bill would require the department to make an unannounced visit at least every 2 years to a residential care facility for the elderly not subject to annual visits.

5/26/05: In Appropriations: held under submission.

AP-20 Senior Assembly Member Lucero: Medi-Cal Administrative Costs.

This proposal requires a review of Medi-Cal administrative costs to achieve a lowering of costs equivalent to the costs of Federal medical programs.

SP-4 Senior Senator Dennison: Denture Identification Notification.

This proposal requires dentists to provide written information to patients regarding mandatory denture identification markings.

AB 205 (Ruskin) Denture identification

Existing law, the Dental Practice Act, regulates the practice of dentistry by the Dental Board of California in the Department of Consumer Affairs. Under existing law, a complete upper or lower denture fabricated by a licensed dentist, or fabricated pursuant to the dentist’s work order, is required to be marked with the patient’s name or social security number.

This bill would instead require that the dentures be marked with the patient’s name unless the patient objects. The bill would also require the dentist to inform the patient that the markings are to be used for identification only and that the patient has the option whether the dentures are marked.

9/6/05: Chapter 182 of Statutes of 2005

SP-5 Senior Senator Wright: Skilled Nursing Facility Dental Screening.

This proposal requires that a dental hygienist examination be included in the formulation of a personalized treatment plan for prospective residents of skilled nursing facilities.

SP-14 Senior Senator Bowen: Canadian Prescription Drugs.

This proposal requires the dissemination of information regarding approved Canadian pharmacies with web site links and permits the Department of General Services to contract with Canadian sources.

Summary of the Top Four Federal Legislative Proposals

AFP – Senior Assembly Federal Proposal SFP – Senior Senate Federal Proposal

AFP-1 Senior Assembly Member Karr: Elder Abuse Prevention Postage.

This proposal establishes a special rate of postage and a special postage stamp regarding elder abuse prevention and awareness to help fund prevention programs.

AFP-2 Senior Assembly Member Lucero: Hearing Aid Availability.

This proposal authorizes an over-the-counter availability of hearing aids similar to reading glasses.

SFP-2 Senior Senator Lundin: Social Security Offsets Elimination.

This proposal restores full social security benefits by repealing government pension offset and windfall elimination.

SFP-3 Senior Senator Murphy: Protection of Retiree Health Benefits.

This proposal prevents companies from increasing profits by cutting or eliminating retirees’ earned health benefits.

Summary of the Other State Legislative Proposals

AP – Senior Assembly Proposals SP – Senior Senate Proposals
AB – California Assembly Bill SB – California Senate Bill
ACR – California Assembly Concurrent Resolution

AP-10 Senior Assembly Member Lacey: Veterans’ Home.

This proposal releases existing bond funds for the construction of a veteran’s home in Lancaster.

AP-15 Senior Assembly Member Kim-Selby: Senior Volunteers Month.

This proposal requires that the month of May be proclaimed Senior Volunteer Month to honor the contributions of senior volunteers.

AP-21 Senior Assembly Member Tucker: Elder Abuse Hearsay Evidence.

This proposal establishes an exception to the hearsay rule in elder abuse prosecutions upon a proper finding by the court and the unavailability of the witness.

SP-1 Senior Senator Levy: Non-Cancelable Long-Term Care Insurance.

This proposal requires long-term care insurers to offer a non-cancelable policy at fixed rates and rate change history for guaranteed renewable marketed policy.

SP-7 Senior Senator Hopkins: Commercial Senior Housing Fire Safety.

This proposal requires that all multiple commercial senior housing facilities receive annual fire inspections and have staffs receive proper training annually.

AB 374 (Alquist) Residential care facilities for the elderly: evaluations

See AP-16.

SP-8 Senior Senator Jaffee: Transportation for Non-Driving Elders.

This proposal requires the availability of more transportation options for elders who can no longer drive and matching funding for county paratransit services for them.

SP-9 Senior Senator Mannia: Low-Cost Continuum of Transportation Services.

This proposal requires the establishment of a comprehensive low-cost continuum of transportation services and a strategy to increase seniors’ awareness of available services.

SP-11 Senior Senator Winslow: Use of Automobile Headlights with Windshield Wipers.

This proposal requires automobile manufacturers to equip new vehicles with an automatic headlight device activated by the windshield wiper controls.

SP-12 Senior Senator Young: Senior Citizen Auto Repair Fraud.

This proposal expands the definition of elder abuse to include auto repair fraud committed against senior citizens.

SP-13 Senior Senator Bettio: Centenarian Extra Effort Awards.

This proposal establishes an “extra effort award” for centenarians who have made extraordinary efforts with the intent to enrich their lives through recognition.

SP-15 Senior Senator Faustman: Universal Health Care and Foreign Drug Purchases.

This proposal requires the establishment of a universal health care system that provides for the purchase of prescription drugs from other countries.

SP-16 Senior Senator Levy: Adult Day Health Care Mental Health Services.

This proposal develops a set of recommended standards for serving mental health needs, increases the capacity of field offices to evaluate and approve services, and permits adult day health care to provide mental health services.

SP-17 Senior Senator Erven: Motor Coach and Inland Water Sales Registration.

This proposal expands existing seller of travel law to motor coach and inland water transportation and requires all travel purveyors to register under the law.

SP-18 Senior Senator Faustman: Public Funds Borrowing.

This proposal requires the state to repay loans from public entities at market rates within an agreeable time.

SP-19 Senior Senator Faustman: Teachers’ Retirement Fund Supplemental Benefits.

This proposal requires the repayment of unappropriated Supplemental Benefit Maintenance Account funds to the Teacher’s Retirement with guaranteed protections.

The following proposal failed passage in the CSL 2004 session, but was authored in the legislature:

AP-3 Senior Assembly Member Young: Auto Insurance for Providers of In-Home Supportive Services

This proposal requires that automobile liability insurance provide coverage for IHSS workers transporting clients.

AB 778 (Mullin) Auto insurance: in-home supportive services

Existing law generally regulates auto insurance. Existing law prohibits an auto liability insurance policy from containing specified provisions.

This bill would prohibit an auto liability policy from containing any provision that expressly or impliedly excludes from coverage under the policy the operation or use of an insured motor vehicle by the named insured in the performance of any in-home supportive services, as described. The bill would prohibit a vehicle covered under an auto liability policy from being classified as a common carrier, livery, or for-hire vehicle solely for the reason that the named insured or applicant is operating or using the insured vehicle to provide transportation incidental to the provision of in-home supportive services.

9/1/05: Enrolled; to the Governor. 9/29/05: Vetoed by the Governor.

The following proposals from prior years have been authored in the current session:

AP-30 (2001) Senior Assembly Members Karr, Goldman and Kirueshkin and Senior Senator Mannia: Mandated Reporters of Dependent Adult and Elder Abuse.

This proposal extends the list of mandated reporters of elder and dependent adult abuse to include bank, savings and loan, and credit union officers, trustees, and employees.

AB 109 (Alquist) (2001-2002) Elder and dependent adult abuse

Existing law requires persons characterized as mandated reporters to report physical abuse, abandonment, isolation, financial abuse, or neglect of an elder or dependent adult, and provides that any mandated reporter who does not make the report is guilty of a misdemeanor.

Existing law also authorizes certain persons to report abuse of an elder or dependent adult.

This bill would require, until January 1, 2006, the State Department of Social Services to implement a pilot program in certain counties for training appropriate employees of banks, credit unions, and savings and loan associations in recognizing and reporting known or suspected instances of financial abuse of elders and dependent adults, and report on the program to the appropriate committees of the Legislature by January 1, 2005. By requiring certain counties to participate in the pilot program the bill would result in a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The bill would appropriate $75,000 from the General Fund to the State Department of Social Services to implement the pilot program.

7/5/01: Re-referred to Appropriations.

AB 1605 (Wolk) Elder and dependent adult abuse

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. These procedures require persons, defined as mandated reporters, to report known or suspected instances of elder or dependent adult abuse. Under existing law, care custodians of elder or dependent adults and local law enforcement agencies are mandated reporters. A violation of the reporting requirements by a mandated reporter is a misdemeanor.

This bill would include within these reporting requirements mandated reporters of suspected financial abuse, as defined, and would, with certain exceptions, make failure to comply with these requirement subject to a civil penalty.

6/2/05: To Inactive File.

SB 1018 (Simitian) Elder and dependent adult abuse

Existing law provides for the confidentiality of financial records but does not prohibit various state and local officers and agencies from requesting information from an office or branch of a financial institution and the office or branch from responding to the request, as to whether a person has an account or accounts at that office or branch and if so, any identifying numbers of the account or accounts.

This bill, from January 1, 2007, to January 1, 2013, inclusive, would provide that a county adult protective services office and a long-term care ombudsman when investigating the financial abuse of an elder or dependent adult is similarly not prohibited from requesting financial information and the office or branch is not prohibited from responding to the request.

This bill, from January 1, 2007, to January 1, 2013, inclusive, would include within these reporting requirements mandated reporters of suspected financial abuse, as defined, and would, with certain exceptions, make failure to comply with these requirements subject to a civil penalty.

8/29/05: Chaptered: Chapter 140 of Statutes of 2005.

AP-35 (2000) Senior Assembly Member Dee Erman and Senior Senator Roland Boucher: EZ Tax Form and Tax Rate for Seniors.

This proposal allows seniors and other persons with income from interest, dividends, pensions and capital gains to use the California 540EZ tax form, increases the current income limit for using the form, and limits the tax rate for those using the form.

AB 249 (DeVore & Walters) Personal Income Taxes: Tax Forms

The Personal Income Tax Law, which is administered by the Franchise Tax Board, imposes taxes upon the taxable income of specified persons. Existing law authorizes a taxpayer whose total income, as defined, is less than a specified amount to utilize Form 540 2EZ, as prepared by the Franchise Tax Board. The definition of “total income,” for purposes of determining a taxpayer’s eligibility to utilize Form 540 2EZ, does not include income derived from capital gains.

This bill would require the Legislative Analyst ‘s office, in conjunction with the Franchise Tax Board, to conduct a study regarding the taxpayers’ usage of Form 540 2EZ, as specified, and to report to the Legislature, no later than January 1, 2008, the results of that study.

8/22/05: On Governor’s Desk. 9/2/05: Vetoed: This bill is unnecessary and partially duplicates the already required report. I strongly recommend that the Franchise Tax Board work with the authors and their analyst’s office, the Legislative Analyst’s office, to ensure that the report includes all of the desired information, including information regarding the eligibility expansion to those with capital gains. I believe that such expansion merits review.

AP-14 (2003) Senior Assembly Member Helen Karr: Elder Abuse Prevention Month.

This proposal would proclaim the month of May every year as Elder and Dependent Adult Abuse Prevention Month and call on all Californians to take action to prevent mistreatment.

ACR 154 (Matthews) (2003-2004) Elder and Dependent Abuse

This measure would proclaim the month of May as Elder and Dependent Adult Abuse Awareness Month.

5/3/04: To Senate.

ACR 183 (Dymally) (2003-2004) Elder and Dependent Adult Abuse Prevention Month

This measure would encourage all Californians to become aware of elder and dependent adult abuse, to learn the ways to recognize and report incidents of elder abuse, and to educate themselves on ways to prevent the mistreatment of elderly and dependent adults, and would proclaim the month of May of every year as Elder and Dependent Adult Abuse Prevention Month.

2/20/04: Introduced.

ACR 8 (Dymally) Elder and Dependent Adult Abuse

This measure would proclaim the month of May this year and every year thereafter as Elder and Dependent Adult Abuse Awareness Month.

5/3/05: Chaptered: Statutes of 2005, Resolution Chapter 28.

Summary of the Other Federal Legislative Proposals

AFP – Senior Assembly Federal Proposal SFP – Senior Senate Federal Proposal

SFP-1 Senior Senator Lundin: Federal Annuitant Health Insurance Premiums.

This proposal permits federal annuitants to be eligible for “premium conversion” in order to pay their share of health insurance premiums with pretax dollars.

SFP-4 Senior Senator Cox: Medicare Oral Health Coverage.

This proposal expands Medicare coverage to cover the costs of oral health.

SFP-5 Senior Senator Gehrig: Medicare Podiatric Preventive Care.

This proposal expands Medicare coverage to include routine podiatric care visits.

SFP-6 Senior Senator Bettio: Senior Achievement Recognition.

This proposal designates the second Wednesday in May as “Senior Achievement Day” to provide recognition to seniors for their achievements.

SFP-8 Senior Senator Faustman: Social Security Privatization.

This proposal prohibits the privatization of the Social Security System to ensure continued solvency of the system.