California Senior Legislature
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2018
PROPOSED LEGISLATION
1020 N Street, Room 513
Sacramento, CA 95814
Phone (916) 552-8056 Fax (916) 552-8013
Web Site:
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2017 JOINT RULES COMMITTEE
Officers
Senior Assembly Member John Pointer, Chair
Senior Assembly Member Shirley Krohn, Vice Chair
Senior Senator Tony Rodella, Vice Chair
Members
Senior Assembly Member Lauren Rolfe, Immediate Past Chair
Senior Assembly Member Anne Warren, Legislative Committee Chair
Senior Senator Charles Bush
Senior Senator Allan Bortel
Senior Senator Don MacAllister
Senior Senator Charles Molnar
Senior Assembly Member Charles Mitchell
Senior Assembly Member Lavada Theus
LEGISLATIVE COMMITTEE
Officers
Senior Assembly Member Anne Warren, Chair
Senior Assembly Member Marcia Gould, Vice Chair
Senior Senator Richard Shontz, Vice Chair
Members
Senior Senator Robert Hertan
Senior Senator Mickey Peabody
Senior Senator Kenneth Ryan
Senior Senator Sylvia Stadmire
Senior Assembly Member Ellie Bloch
Senior Assembly Member June Glasmeier
Senior Assembly Member Bernard Weintraub
State of California
California Senior Legislature
1020 N Street, Room 513, Sacramento, CA 95814
Phone (916) 552-8056 Fax (916) 552-8013
September 8, 2017
To: CSL Members
From: Senior Assembly Member John Pointer
Chair, Joint Rules Committee (JRC)
On behalf of the JRC and the Legislative Committee, I am pleased to forward your copy of the 2017 California Senior Legislature’s (CSL) Proposal Packet. The proposals submitted this year indicate your dedication and commitment to continue CSL’s legacy of advocacy on behalf of older Californians and their families. A glossary of legislative terms is included as additional reference material.
You are encouraged to read all proposals, including those to be reviewed in your assigned Policy Committee. Discussions with other Senior Legislators, Area Agency on Aging Advisory Councils or community leaders to discover the potential impact of the proposals in your area will be helpful.
The following information is an explanation of how the Proposal Packet will be used during the voting process:
1. Once a proposal has failed out of Committee, it should be removed from the Proposal Packet. A list of failed proposals will be sent to each member in Mid-October.
2. Since we will not be meeting in person this year, we will not have proposal amendments, so you will not receive any amended copies this year.
3. Your final ballot will be based on proposals that passed out of committee. It will be mailed to each member in October, once the committee ballots have been counted.
On behalf of the Joint Rules and the Legislative Committees, we look forward to working with you on the many important and challenging issues facing aging Californians.
Mission: To Improve the Quality of Life for Aging Californians
2017 Senior Assembly Proposals
|Proposal No. |Author |Page |Finance & Insurance Committee |
|AP-1 |Witt |25 |Administrative Requirements for New Nursing Homes |
|AP-9 |Pointer |29 |California Voluntary Contributions Program |
|AP-10 |Pointer |35 |Voluntary Contribution Form Preparation Fee |
|AFP-1 |Tucker |39 |Limit Payroll Taxes for Senior Citizens & Stop Taxing Benefits |
|Proposal No. |Author |Page |Health Committee |
|AP-8 |Purcell |45 |CA Senior Hunger Program |
|AP-13 |Gould |49 |Prescription Drug Labeling |
|Proposal No. |Author |Page |Housing & Transportation Committee |
|AP-3 |Warren |57 |Rural Senior & Disabled Transportation Resources |
|AP-7 |Rolfe |65 |Affordable Living Options for Seniors |
|AP-15 |Branson |69 |Voluntary Senior Friendly Driver Certificate Program |
|AP-18 |Horne |75 |Golf Cart Crossings |
|Proposal No. |Author |Page |Social & Community Services Committee |
|AP-5 |Siegrist |81 |CA SAM (Seniors as Mentors) Act |
|AP-6 |Siegrist |85 |Increasing Senior’s Access to Digital Technology |
|AFP-3 |Tom |89 |CA Chinese Railroad Workers Memorial Day |
|Proposal No. |Author |Page |State & Local Government Committee |
|AP-2 |Wiltsee |95 |Long-Term Care System Improvement |
|AP-11 |Krohn |103 |Create Geriatric Behavioral Health state Level Position |
|AP-12 |Hairston |107 |Adult Day Care Centers |
|AP-14 |Cave |111 |Unit Pricing |
|AP-16 |Bloch |117 |Toilet Heights & Grab Bars for Public Restrooms |
|AP-17 |Bloch |121 |Study of Board & Care, Assisted Living and Skilled Nursing Regarding Appropriate|
| | | |Care and Staffing |
|AFP-2 |Gould |127 |Fall Prevention: Grab Bars |
2017 Senior Senate Proposals
|Proposal No. |Author |Page |Finance & Insurance Committee |
|Proposal No. |Author |Page |Health Committee |
|SP-1 |Whisnand |137 |Parkinson’s Disease |
|SP-5 |Rodella |143 |Cognitive Assessment |
|SP-9 |Molnar |147 |Funding Dental-Cal |
|SP-11 |Cervants |151 |Prescription Drug Availability in Rural Areas |
|SP-14 |Kagan |155 |Residential Care Facilities for the Elderly |
|Proposal No. |Author |Page |Housing & Transportation Committee |
|SP-2 |Whisnand |161 |Affordable Senior Housing for Homeless in Smaller Counties |
|SP-10 |Kagan |167 |Rental Addition to CA Veterans Resource Book |
|SP-13 |Ryan |173 |Funding Transportation for Meals to Seniors or Seniors to Meals and Volunteers |
| | | |to PSA or CA Senior Legislature Activities |
|Proposal No. |Author |Page |Social & Community Services Committee |
|SP-8 |Molnar |181 |Unique License Plate |
|SP-12 |Bortel |185 |Improving Caregiver & First Responder Communication with Persons Suffering from |
| | | |Dementia & Mentally Challenged |
| | | | |
| | | | |
| | | | |
| | | | |
|Proposal No. |Author |Page |State & Local Government Committee |
|SP-3 |Walker |193 |Personal Needs Allowance |
|SP-4 |Steir |197 |Mandatory Handrails on All Public Staircases |
|SP-6 |Plascencia |201 |Need for Markings on Parking Spaces for Large Parking Lots |
|SP-7 |Molnar |205 |Mandates Money Wire Services As Reporters of Suspected Elder Financial Abuse |
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Summary of
State Legislative Proposals
Senior Assembly
AP 1: Administrative Requirements for Nursing Homes (F&I)
This measure would require new nursing home operations to acquire liability insurance, new nursing home entities to be limited to three companies, and a holding company for these entities to have at least 20% of the stock of the holding company in the name of an active principal who is a medical doctor with credentials in geriatric medicine.
SA Witt (Page 25)
AP 2: Long-Term Care System Improvement (S&LG)
This measure would create the Office of Policy and Program Integration (OPPO) within the California Health and Human Services Agency (HHSA), authorize the OPPI to, among other things, establish procedures within, between, and among HHSA Departments to enable program consumers to gain access to multiple programs in a coordinated effort and to reinvent and redefine the defunct CalCareNet information system as a consumer-friendly, interactive internet web site for long-term care services, and require the OPPO to submit a biennial progress report, as specified, to the Legislature no later than February 1 of each odd-numbered year.
SA Wiltsee (Page 95)
AP 3: Rural Senior and Disabled Transportation Services (H&T)
This measure would authorize the use of moneys in the Greenhouse Gas Reduction Fund, moneys funding the Air Quality Improvement Program, Carl Moyer Memorial Air Quality Standards Attainment Program, or other similar programs, or moneys from other appropriate sources, to fund grant programs in counties to provide transportation to nonemergency medical services for the senior and disabled populations located in rural, desert, and mountain areas through the use of clean vehicles.
SA Warren (Page 57)
AP 5: Seniors Mentoring Public School Students (S&C)
This measure would authorize local educational agencies to operate Seniors as Mentors (SAM) programs and recruit seniors to serve as mentors to pupils. This measure would also memorialize the Legislature and the Governor to enact legislation that would require the State Department of Education to provide public notice of the opportunity for seniors to participate in SAM Programs and would require the department to offer training and support to local educational agency officials who operate SAM Programs and to seniors who participate in SAM programs.
SA Siegrist (Page 81)
AP 6: Access to Digital Technology For Seniors (S&C)
This measure would require the Governing Board of each School District and Community College District to donate obsolete digital technology hardware to seniors on a first-come-first-served basis if the Governing Board determines that property to be “obsolete” property, and would require School Districts maintaining local adult schools to provide hands-on training to seniors in using the digital technology hardware.
SA Seigrist (Page 85)
AP 7: Affordable Living Options for Seniors (H&T)
This measure would for the purpose of meeting housing element goals under the Planning and Zoning Law, classify housing units participating in a home-sharing arrangement in which at least one of the occupants is an elderly person who qualifies as a person of low or moderate income, as defined, as very low income households. This measure also would memorialize the Legislature and the Governor to enact legislation that would incentivize local authorities to meet affordable housing goals and that would hold local authorities accountable when they fail to do so.
SA Rolfe (Page 65)
AP 8: Senior Hunger (H)
This measure would provide additional funding for congregate nutrition services and home delivered nutrition services.
SA Purcell (Page 45)
AP 9: Tax: Voluntary Contribution (F&I)
This measure would modify the existing Voluntary Contribution Fund Process by establishing the California Voluntary Contributions Program and would authorize the Office of California Volunteers to administer the program. The measure would also memorialize the Legislature and the Governor to enact legislation that would require the Franchise Tax Board to revise the tax return process and any corresponding informational material, and to allow for the designation of contributions to qualified applicants.
SA Pointer (Page 29)
AP 10: Voluntary Contribution Form: Tax Preparer Fee(F&I)
This measure prohibits tax preparers from charging an additional fee for completion of the Voluntary Contribution Fund Section of a Tax Return Form.
SA Pointer (Page 35)
AP 11: State Position: Geriatric Mental Health(S&LG)
This measure establishes a geriatric behavioral health position within the Mental Health Services Division of the State Department of Health Care Services to provide senior level behavioral health leadership and expert support as specified.
SA Krohn (Page 103)
AP-12: Adult Day Care Resources for Alzheimer’s Patients (S&LG)
This measure would restore annual funding for Alzheimer’s Day Care Resource Centers.
SA Hairston (Page 107)
AP-13: Prescription Drug Labeling (H)
This measure requires physicians and surgeons to include the purpose for which the medication is prescribed on all prescriptions, so that the information would be included on the prescription label, unless the patient or the prescribing physician and surgeon requests that this information be omitted.
SA Gould (Page 49)
AP-14: Unit Pricing Labels: Readability (S&LG)
This measure requires The Department of Food and Agriculture to create standardized formats for product unit pricing available to the consumer.
SA Cave (Page 111)
AP-15: Voluntary Senior Friendly Driver Certificate (H&T)
This measure would create a Voluntary Senior-Friendly Driver Certificate Program, as specified, that would provide training and certification in various skills necessary to facilitate the safe transportation of elderly passengers by drivers of for-profit transportation services, including transportation network companies, limousine-for-hire services, and taxicab transportation services. The measure would further memorialize the Legislature and the Governor to enact legislation that would provide that this program be supported through fees paid by those participating in the trainings.
SA Branson (Page 69)
AP-16: Toilet Heights & Grab Bars in Public Restrooms (S&LG)
This measure requires by January 1, 2021, all publicly accessible restrooms to install side wall hand rails in all toilet stalls, and that would immediately require renovations and new construction of publicly accessible restrooms with more than one toilet stall to incorporate at least one toilet of the maximum height allowed under Federal Law.
SA Bloch (Page 117)
AP-17: Study: Board and Care and Skilled Nursing Facilities (S&LG)
This measure authorizes a study of care and staffing issues related to senior facilities, including, but not limited to, boarding home licensing, facility audits through the Long-Term Care Ombudsman Program, and language proficiency requirements for facility staff.
SA Bloch (Page 121)
AP-18: Golf Cart Crossings (H&T)
This measure would extend the authority of local jurisdictions to permit golf carts
on other roads that provide access between golfing developments and adjacent business districts or retail developments.
SA Horne (Page 75)
Senior Senate
SP-1: Parkinson’s Disease: Reporting to DMV (H)
This measure requires the development of an assessment to rate individuals with Parkinson’s Disease on their ability to safely operate a motor vehicle, provide outreach to educate doctors on the reporting requirements regarding individuals diagnosed with Parkinson’s Disease, impose penalties on doctors who fail to provide the required reports, and provide sufficient funding to local Public Health Officers, the State Department of Public Health, and the Department of Motor Vehicles to carry out their duties regarding Parkinson’s Disease.
SS Whisnand (Page 137)
SP-2: Affordable Senior Housing (H&T)
This measure would create a comprehensive plan to provide affordable housing for homeless seniors in rural areas by, among other things, studying alternative housing arrangements, streamlining local housing approvals, deregulating the building process, instituting creative development programs, and sending the United States Congress and the President a resolution asking for lower taxes and less regulation on housing for homeless seniors.
SS Whisnand (Page 161)
SP-3: Medi-Cal Personal Needs Allowance Increase (S&LG)
This measure would increase the personal needs allowance from $35 to $81.12 per month and annually adjust the personal needs allowance by the same percentage as the Consumer Price Index.
SS Walker (Page 193)
SP-4: Handrails on Staircases (S&LG)
This measure requires all staircases in buildings open to the public to be equipped with handrails, without exception.
SS Steir (Page 197)
SP-5: Cognitive Assessment (H)
This measure requires Medicare-eligible patients, who are Medi-cal beneficiaries in California, to be offered, as part of this benefit, a cognitive assessment that is capable of distinguishing between mild cognitive impairment and normal aging, in order for the causes of cognitive impairment to be detected in their earliest and most treatable stage.
SS Rodella (Page 143)
SP-6: Markings on Parking Spaces in Large Lots (S&LG
This measure requires the property owner of a commercial or privately owned nonresidential parking lot containing 100 or more spaces, in order to prevent disorientation and stress, to mark individual parking spaces and rows of parking spaces with letters or numbers to make the parking spaces easier to locate.
SS Plasencia (Page 201)
SP-7: Elder Financial Abuse: Wire Services as Mandated Reporters (F&I)
This measure amends the definition of “mandatory reporters of suspected financial abuse of an elder or dependent adult” to include the officers and employees of businesses licensed under the Money Transmission Act for wire or money transfers, and that would increase penalties, including providing for full reimbursement of losses, for officers or employees of these businesses who fail to report as required.
SS Molnar (Page 205)
SP-8: State License Plate to Fund Senior Programs (S&C)
This measure requires the department of motor vehicles to issue a special license plate for the financial support of low-income and homeless seniors and of the California Senior Legislature and its activities, and that would appropriate moneys to the California Senior Legislature to cover the costs of designing the special license plate and promoting it.
SS Molnar (Page 181)
SP-9: Senior Dental Care(H)
This measure would adequately fund the Denti-Cal program.
SS Molnar (Page 147)
SP-10: Veteran’s Rental Housing Assistance (H&T)
This measure establishes a rental housing assistance program as part of the VHHPA and requires the department of Veterans affairs to coordinate access to affordable rental housing for veterans with existing state and federal veterans services and provide fully detailed information about the rental assistance program in a specified resource publication.
SS Kagan (Page 167)
SP-11: Pharmacies in Rural Areas(H)
This measure requires a retail pharmacy licensed in the State of California, upon request of a patient and the receipt of a valid prescription, to fill a patient’s prescription by mail, and would require the cost of shipping and handling to be added to the cost of the prescription.
SS Cervantes (Page 151)
SP-12: Caregiver And First Responder Communication With Persons Suffering From Dementia Or Other Mental Illnesses: State Card. (S&C)
This measure requires an appropriate state agency to create a card based on the “detect and connect” card used within the County of Marin that contains information about how to communicate with a person suffering from Dementia or other mental illnesses and a list of telephone numbers to contact if elder abuse is suspected. The measure would recommend that $500,000 be appropriated from the general fund to the Department of Aging to distribute the card to County Behavioral Health and Recovery Services, nursing homes, residential care facilities for the elderly, hospitals, in-home supportive service workers, other caregivers, and first responders, such as paramedics, fire departments, and police departments.
SS Bortel (Page 185)
SP-13: Specialized License Plate to Fund Transportation for Meals to Seniors and Sepcial Volunteer Activities (H&T)
This measure requires the California Department of Aging to apply to sponsor a Specialized License Plate Program in which generated revenue will be
transferred to the Planning and Service Area (PSA) where the license plate
purchaser resides for specified transportation uses.
SS Ryan (Page 173)
SP-14: Residential Care Facilities for the Elderly (H)
This measure require residential care facilities for the elderly to complete a cognitive and physical assessment transfer form that includes critical, current information about the resident of the facility and provide this form, along with any other information required by law, to an emergency medical technician who transports the resident to the emergency unit of a general acute care hospital.
SS Kagan (Page 155)
Summary of
Federal Legislative Proposals
Senior Assembly
AFP-1: Limit on Federal Payroll Taxes for Seniors (F&I)
This measure would memorialize the Congress and the President to enact legislation that would eliminate Social Security and Medicare Payroll Taxes after the age of 65 on the first $50,000 of earned income and eliminate income taxes on Social Security Benefits.
SA Tucker (Page 39)
AFP 2:Fall Prevention: Grab Bars (S&LG)
This measure would memorialize the Federal Government to adopt appropriate regulations for the Medicare program, or to enact appropriate legislation, that would add grab bars to the list of covered durable medical equipment under the Medicare Program, upon an evaluation by the Medicare Program to demonstrate that grab bars meet the requirements of durable medical equipment.
SA Gould (Page 127)
AFP 3:CA Chinese Railroad Workers Memorial Day (S&C)
This measure would memorialize the Congress and the President to enact legislation that would recognize May 10 as a Federal Day of Remembrance to honor the Chinese Railroad Workers who labored from 1865 to 1869.
SA Tom (Page 89)
(F&I) = Finance & Insurance Committee
(H) = Health Committee
(H&T) = Housing & Transportation Committee
(S&C) = Social & Community Services Committee
(S&LG) = State & Local Government Committee
Glossary of Legislative Terms
|Across the Desk |The official act of introducing a bill or resolution. The measure is given to the Chief Clerk or his |
| |or her representative at the Assembly Desk in the Assembly Chamber or to the Secretary of the Senate |
| |or his or her representative in the Senate Chamber. The measure then receives a number and becomes a |
| |public document available from the bill room (or at leginfo.). Each proposed amendment to a|
| |measure also must be put across the desk in the Assembly or Senate in order to be considered for |
| |adoption. |
| | |
|Act |A bill passed by the Legislature and enacted into law. |
| | |
|Adjournment |Termination of a meeting, occurring at the close of each legislative day upon the completion of |
| |business, with the hour and day of the next meeting being set prior to adjournment. |
| | |
|Adoption |Approval or acceptance; usually applied to amendments, resolutions, or motions. |
| | |
|Amendment |Proposal to change the text of a bill after it has been introduced. Amendments must be submitted to |
| |the Legislative Counsel for drafting or approval. |
| |Author's amendments - Amendments proposed by the bill's author. Author's amendments to a bill may be |
| |adopted on the floor prior to the Committee hearing on the bill with the Committee chair's approval. |
| |Hostile amendments - Amendments proposed by another member and opposed by the author in a Committee |
| |hearing or during Assembly or Senate floor consideration. |
| | |
|Appropriation |The amount of money made available for expenditure by a specific entity for a specific purpose, from |
| |the General Fund or other designated state fund or account. |
| | |
|Approved by the Governor |Signature of the Governor on a bill passed by the Legislature. |
| | |
|Assembly |The house of the California Legislature consisting of 80 members, elected from districts determined |
| |on the basis of population. Two Assembly districts are situated within each Senate district. |
| | |
|Author |Member of the Legislature who introduces a legislative measure. |
| | |
|Bill |A proposed law, introduced during a session for consideration by the Legislature, and identified |
| |numerically in order of presentation; also, a reference that may include joint and concurrent |
| |resolutions and constitutional amendments. |
| | |
|Bill Analysis |A document prepared by Committee and/or floor analysis staff prior to hearing the bill in that |
| |Committee or on the floor of the Assembly or Senate. It explains how a bill would change current law |
| |and sometimes identifies major interest groups in support or opposition. |
| | |
|Cal-SPAN (The California |The cable television channel that televises Assembly and Senate proceedings. |
|Channel) | |
| | |
|Chair |The current presiding officer, usually in the context of a Committee hearing. |
| | |
|Chamber |The Assembly or Senate location where floor sessions are held. |
| | |
|Chapter |When a bill has been passed by the Legislature and enacted into law, the Secretary of State assigns |
| |the bill a "chapter number" such as "Chapter 123, Statutes of 1992," which is subsequently used to |
| |refer to the measure in place of the bill number. |
| | |
|Coauthor |A member of either house whose name is added to a bill as a coauthor by amending the bill, usually |
| |indicating support for the proposal. |
| | |
|COLA |Cost-of-living adjustment. |
| | |
|Companion Bill |An identical bill introduced in the other house. This procedure is far more/common/ in Congress than |
| |in the California Legislature. |
| | |
|Concurrence |The approval by the house of origin of a bill as amended in the other house. If the author is |
| |unwilling to move the bill as amended by the other house, the author requests "non-concurrence" in |
| |the bill and asks for the formation of a conference Committee. |
| | |
| | |
| | |
|Concurrent Resolution |A measure introduced in one house that, if approved, must be sent to the other house for approval. |
| |The Governor's signature is not required. These measures usually involve the internal business of the|
| |Legislature. |
| | |
|Consent Calendar |File containing bills that received no dissenting votes in Committee. |
| | |
|Constituent |A person who resides within the district represented by a legislator. |
| | |
|Consultant |Ordinarily, a professional staff person who works for a legislative Committee. |
| | |
|Digest |Prepared by the Legislative Counsel, it summarizes the effect of a proposed bill on current law. It |
| |appears on the first page of the printed bill. |
| | |
|District |The area of the state represented by a legislator. Each district is determined by population and is |
| |designated by a number. There are 40 Senate districts and 80 Assembly districts. |
| | |
|Do Pass |Motion that, if adopted by a Committee, moves a bill to the floor or to the next Committee. |
| | |
|Do Pass As Amended |Committee motion that a bill be passed with the recommendation that the floor adopt specified |
| |amendments. |
| | |
|Dropped |Author has decided not to pursue the passage of the bill. |
| | |
|Enacting Clause |The following phrase at the beginning of the text of each bill: "The people of the State of |
| |California do enact as follows." |
| | |
|Enrollment |Whenever a bill passes both houses of the Legislature, it is ordered enrolled. In enrollment, the |
| |bill is again proofread for accuracy and then delivered to the Governor. The "enrolled bill" contains|
| |the complete text of the bill with the dates of passage certified by the Secretary of the Senate and |
| |the Chief Clerk of the Assembly. A resolution, when enrolled, is filed directly with the Secretary of|
| |State. |
| | |
|First Reading |Each bill introduced must be read three times before final passage. The first reading of a bill |
| |occurs when it is introduced. |
| | |
| | |
| | |
|Fiscal Bill |Generally, a measure that contains an appropriation of funds or requires a state agency to incur |
| |additional expense. The Legislative Counsel's designation of whether a bill is a fiscal bill appears |
| |at the end of the Digest found in the printed bill. Fiscal bills must be heard by the Assembly and |
| |Senate Appropriations Committees in addition to the policy Committees in each house. |
| | |
|Fiscal Deadline |The date on the legislative calendar by which all bills with fiscal effect must have been taken up in|
| |a policy Committee and referred to a fiscal Committee. Any fiscal bill missing the deadline is |
| |considered "dead" unless it receives a rule waiver allowing further consideration. |
| | |
|Fiscal Year |The 12-month period on which the state budget is planned, beginning July 1 and ending June 30 of the |
| |following year. The federal fiscal year begins October 1 and ends September 30 of the following year.|
| | |
|Floor |(1) The Assembly or Senate Chamber. |
| |(2) The term used to describe the location of a bill or the type of session, connoting action to be |
| |taken by the house. Matters may be said to be "on the floor." |
| | |
|Hearing |A Committee meeting convened for the purpose of gathering information on a subject or considering |
| |specific legislative measures. |
| | |
|Held in Committee |Status of a bill that fails to receive sufficient affirmative votes to pass out of Committee. |
| | |
|House |In California, refers to either the Senate or the Assembly. |
| | |
|Inactive File |The portion of the Daily File containing legislation that is ready for floor consideration, but, for |
| |a variety of reasons, is dead or dormant. An author may move a bill to the inactive file, and move it|
| |off the inactive file at a later date. During the final weeks of the legislative session, measures |
| |may be moved there by the leadership as a method of encouraging authors to take up their bills |
| |promptly. |
| | |
| | |
|Interim |The period of time between the end of a legislative year and the beginning of the next legislative |
| |year. The legislative year ends on August 31 in even-numbered years and in mid-September in |
| |odd-numbered years. |
| | |
|Joint Resolution |A resolution expressing the Legislature's opinion about a matter within the jurisdiction of the |
| |federal government, which is forwarded to Congress for its information. Requires the approval of both|
| |Assembly and Senate but does not require signature of the Governor. |
| | |
|Joint Session |The Assembly and Senate meeting together, usually in the Assembly Chamber. The purpose ordinarily is |
| |to receive special information such as the Governor's State of the State address. |
| | |
|Lay On The Table |A motion to temporarily postpone consideration of a matter before a Committee or the house, such that|
| |the matter may later be brought up for consideration by a motion to "take from the table." |
| | |
|Legislative Advocate |An individual (commonly known as a lobbyist) engaged to present to legislators the views of a group |
| |or organization. The law requires formal registration with the Secretary of State if an individual's |
| |lobbying activity exceeds 25 contacts with decision makers in a two-month period. |
| | |
|Legislative Analyst |The Legislative Analyst, who is a legislative appointee, and his or her staff provide thorough, |
| |nonpartisan analysis of the budget submitted by the Governor; also analyze the fiscal impact of other|
| |legislation and prepare analyses of ballot measures published in the state ballot pamphlet. |
| | |
|Legislative Counsel |The Legislative Counsel (who is appointed jointly by both houses) and his or her legal staff are |
| |responsible for, among other things, drafting all bills and amendments, preparing the Digest for each|
| |bill, providing legal opinions, and representing the Legislature in legal proceedings. |
| | |
|Majority Vote |A vote of more than half of the legislative body considering a measure. Constituted by 41 votes in |
| |the Assembly, and by 21 votes in the Senate. |
| | |
|Measure |A bill, resolution, or constitutional amendment that is considered by the Legislature. |
| | |
|Motion |A formal proposal for action made by a legislator during a Committee hearing or floor session. |
| | |
|Non-fiscal Bill |A measure not having specified financial impact on the state and, therefore, not required to be heard|
| |in an Assembly or Senate Fiscal Committee as it moves through the legislative process. Non-fiscal |
| |bills are subject to different legislative calendar deadlines than fiscal bills. |
| | |
|Out of Order |A parliamentary ruling by the presiding officer of a Committee or the house that a matter is not, at |
| |that time, appropriate for consideration by the body. |
| | |
|Override |Enactment of a bill despite the Governor's veto, by a vote of two thirds of the members of each house|
| |(27 votes in the Senate and 54 votes in the Assembly). |
| | |
|Parliamentary Inquiry |A procedural question posed by a legislator during a Committee hearing or floor session. A member |
| |must be recognized for this purpose and the question answered by the Committee chair or presiding |
| |officer. |
| | |
|Passage |Adoption of a measure by the Assembly or the Senate. |
| | |
|Point of Order |A request that the presiding officer remedy a breach of order or of the rules. |
| | |
|Point of Personal Privilege |Assertion by a Member that his or her rights, reputation, or conduct have been impugned, entitling |
| |the Member to repudiate the allegations. |
| | |
|Postpone |A motion to delay action on a matter before the house. |
| | |
|Presiding |Managing the proceedings during a floor session. In the Assembly, the presiding officer can be the |
| |Speaker, Speaker pro Tempore, or any other Assembly Member appointed by the Speaker. In the Senate, |
| |the presiding officer can be the President, President pro Tempore, or any other Senator appointed by |
| |the President pro Tempore. |
| | |
|Previous Question |If a Member seeks to cut off all further debate on a measure, he or she may call the previous |
| |question to seek to compel the body to vote immediately on the issue. |
| | |
|Quorum |A simple majority of the membership of a Committee or the Assembly or Senate; the minimum number of |
| |legislators needed to begin conducting official business. The absence of a quorum is grounds for |
| |immediate adjournment of a Committee hearing or floor session. |
| | |
|Rescind |A motion to revoke an action previously taken. |
| | |
| |Recording the vote of each member of a Committee or of the full Assembly or Senate. Committee roll |
|Roll Call |calls are conducted by the Committee secretary, who calls each member's name in alphabetical order |
| |with the name of the chair called last. Assembly roll calls are conducted electronically, with each |
| |Member pushing a button from his or her assigned seat. Senate roll calls are conducted by the Reading|
| |Clerk, who reads each Senator's name in alphabetical order. |
| | |
|Sponsor |The Member of the Legislature, private individual, or group who develops a measure and advocates its |
| |passage. |
| | |
|Statutes |Enacted bills, which are chaptered by the Secretary of State in the order in which they become law. |
| | |
|Two-Thirds Vote |In the Assembly, 54; in the Senate, 27. Required, for example, for urgency measures and most measures|
| |making appropriations from the General Fund. |
| | |
|Unanimous Consent |The consent of all of those Members present, ordinarily presumed to exist in the absence of |
| |objection. |
| | |
|Veto |The Governor's formal rejection of a measure passed by the Legislature. The Governor may also |
| |exercise a line item veto, whereby the amount of an appropriation is reduced or eliminated, while the|
| |rest of the bill is approved (see Blue Pencil). A veto may be overridden by a two-thirds vote in each|
| |house. |
ASSEMBLY
FINANCE AND INSURANCE
COMMITTEE
RN1716686 AP 1
INTRODUCED BY SENIOR ASSEMBLY MEMBER WITT
(COAUTHOR: SENIOR ASSEMBLY MEMBER GLASMEIER)
(COAUTHOR: SENIOR SENATOR HARTMANN)
Legislative Counsel’s Digest
AP 1: NURSING HOMES.
UNDER EXISTING LAW, THE STATE DEPARTMENT OF PUBLIC HEALTH LICENSES AND REGULATES HEALTH FACILITIES, INCLUDING, AMONG OTHER THINGS, SKILLED NURSING HOMES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE NEW NURSING HOME OPERATIONS TO ACQUIRE LIABILITY INSURANCE, NEW NURSING HOME ENTITIES TO BE LIMITED TO THREE COMPANIES, AND A HOLDING COMPANY FOR THESE ENTITIES TO HAVE AT LEAST 20% OF THE STOCK OF THE HOLDING COMPANY IN THE NAME OF AN ACTIVE PRINCIPAL WHO IS A MEDICAL DOCTOR WITH CREDENTIALS IN GERIATRIC MEDICINE.
VOTE MAJORITY.
AP 1: RELATING TO NURSING HOMES
WHEREAS, CALIFORNIA HAS APPROXIMATELY 1,260 NURSING HOMES AND APPROXIMATELY 120,000 CALIFORNIA SENIORS LIVE IN SKILLED NURSING FACILITIES; AND
WHEREAS, IN CALIFORNIA, 25 FOR-PROFIT NURSING-HOME CHAINS CONTROL ABOUT ONE-HALF OF THE STATE’S LICENSED BEDS; AND
WHEREAS, TWENTY OF THE TOP 25 CHAINS FELL BELOW STATE AVERAGES IN STAFFING MEASURES, WHICH INCLUDE ABUSE, ADMINISTRATION, QUALITY OF CARE, ENVIRONMENT, NUTRITION, RESIDENT RIGHTS, PRESSURE SORES, INFECTIONS, FALLS, PHARMACY SERVICES, INSPECTION, AND COMPLAINTS; AND
WHEREAS, BELOW-AVERAGE STAFFING OR HIGH TURNOVER WERE ISSUES IN NINE OUT OF 10 OF THE STATE’S LARGEST NURSING HOME CHAINS IN 2012; AND
WHEREAS, LIMITING NEW NURSING HOME ENTITIES TO THREE COMPANIES WOULD ENABLE PLAINTIFF NURSING HOME RESIDENTS TO MORE EASILY ACCESS ASSETS TO COMPENSATE THE ELDERLY PARTY FOR INJURY DUE TO THE NEGLIGENCE OF THE NURSING HOME STAFF, AND WOULD PREVENT NEW NURSING HOME VENTURES FROM HAVING MULTIPLE LAYERS OF OWNERSHIP DESIGNED TO LIMIT THE DAMAGES AVAILABLE TO THE PLAINTIFF NURSING HOME RESIDENT THAT MAY BE ASSESSED AGAINST THE NURSING HOME, WHILE ALSO PROVIDING SECURITY TO THE NURSING HOME; AND
WHEREAS, REQUIRING AT LEAST 20 PERCENT OF THE STOCK OF A HOLDING COMPANY FOR A NURSING HOME TO BE HELD IN THE NAME OF A MEDICAL DOCTOR WITH CREDENTIALS IN GERIATRIC MEDICINE WOULD ENSURE THAT THERE IS A RESPONSIBLE OWNER WHO UNDERSTANDS THE MEDICAL AND SOCIOLOGICAL NEEDS OF THE NURSING HOME RESIDENTS WHO THE NURSING HOME SHOULD BE PROTECTING. ACCORDING TO THE SACRAMENTO BEE, THE MAJORITY OF THE TOP EXECUTIVES ASSOCIATED WITH THE 25 LARGEST FOR-PROFIT CHAINS COME FROM BACKGROUNDS IN REAL ESTATE, INVESTMENT BANKING, FINANCE, AND LAW; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT NEW START-UP NURSING HOME OPERATIONS OR NURSING HOME ACQUISITIONS THAT ACQUIRE MORE THAN 50 PERCENT OWNERSHIP OF AN EXISTING NURSING HOME BE REQUIRED TO PURCHASE AND MAINTAIN A MINIMUM OF $5,000,000 GENERAL LIABILITY INSURANCE PROTECTION AND $5,000,000 PROFESSIONAL LIABILITY COVERAGE, THAT AN ENTITY THAT ACQUIRES THREE OR MORE NURSING HOMES BE REQUIRED TO MAINTAIN A MINIMUM LIABILITY OF $10,000,000, AND THAT AN ENTITY WITH 10 OR MORE NURSING HOMES BE REQUIRED TO MAINTAIN A MINIMUM LIABILITY OF $100,000,000; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE ADDITIONALLY PROPOSES THAT THE NEW NURSING HOME ENTITIES BE LIMITED TO THREE COMPANIES, AND THAT A HOLDING COMPANY FOR THESE ENTITIES BE REQUIRED TO HAVE AT LEAST 20 PERCENT OF THE STOCK OF THE HOLDING COMPANY HELD IN THE NAME OF AN ACTIVE PRINCIPAL WHO IS A MEDICAL DOCTOR WITH CREDENTIALS IN GERIATRIC MEDICINE; 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.
RN1716698 AP 9
INTRODUCED BY SENIOR ASSEMBLY MEMBER POINTER
Legislative Counsel’s Digest
AP 9: CALIFORNIA VOLUNTARY CONTRIBUTIONS PROGRAM.
UNDER EXISTING LAW, INDIVIDUALS ARE ALLOWED TO CONTRIBUTE AMOUNTS IN EXCESS OF PERSONAL TAX LIABILITY FOR THE SUPPORT OF SPECIFIED VOLUNTARY CONTRIBUTION FUNDS, AND THESE VARIOUS VOLUNTARY CONTRIBUTION CHECK-OFF FUNDS ARE REQUIRED TO BE ON THE PERSONAL INCOME TAX RETURN.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD MODIFY THE EXISTING VOLUNTARY CONTRIBUTION FUND PROCESS BY ESTABLISHING THE CALIFORNIA VOLUNTARY CONTRIBUTIONS PROGRAM AND WOULD AUTHORIZE THE OFFICE OF CALIFORNIAVOLUNTEERS TO ADMINISTER THE PROGRAM. THE MEASURE WOULD ALSO MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE FRANCHISE TAX BOARD TO REVISE THE TAX RETURN PROCESS AND ANY CORRESPONDING INFORMATIONAL MATERIAL, AND TO ALLOW FOR THE DESIGNATION OF CONTRIBUTIONS TO QUALIFIED APPLICANTS.
VOTE MAJORITY.
AP 9: RELATING TO CALIFORNIA VOLUNTARY CONTRIBUTIONS PROGRAM
WHEREAS, THE CALIFORNIA STATE LEGISLATURE HAS STATED IN PAST LEGISLATIVE PROPOSALS, WHICH WERE NOT ENACTED, THAT THE STATE OF CALIFORNIA HAS A ROLE IN INFORMING THE PUBLIC OF THE VALUE AND NEED FOR COMMUNITY SERVICE, VOLUNTEERS, AND CHARITABLE GIVING AS A FORM OF CIVIC ENGAGEMENT IN ORDER TO SUPPORT IMPORTANT SOCIAL AND COMMUNITY PROGRAMS, AND FURTHER DECLARED THAT THERE ARE MANY WORTHY CHARITABLE CAUSES IN CALIFORNIA THAT MAY BENEFIT FROM TAXPAYERS’ VOLUNTARY CHARITABLE CONTRIBUTIONS. HOWEVER, UNDER THE EXISTING VOLUNTARY CONTRIBUTION PROCESS, MANY TAXPAYERS ARE NOT EXPOSED TO VARIOUS CHARITABLE CONTRIBUTION OPPORTUNITIES; AND
WHEREAS, A VOLUNTARY CONTRIBUTION IS AN ELECTION MADE BY THE TAXPAYER TO DESIGNATE AMOUNTS ON HIS OR HER TAX RETURN TO CHARITABLE FUNDS. VOLUNTARY CONTRIBUTIONS MAY BE MADE ON THE FOLLOWING RETURNS: 540 2EZ, 540, 540NR LONG OR SHORT FORM, AND 541 SCHEDULE C; AND
WHEREAS, CURRENTLY ALL CHARITABLE VOLUNTARY CONTRIBUTION FUNDS ARE LEGISLATIVELY ENACTED BY THE CALIFORNIA STATE LEGISLATURE; AND
WHEREAS, THE OFFICE OF CALIFORNIAVOLUNTEERS SHOULD ESTABLISH AN APPLICATION PROCESS FOR QUALIFIED APPLICANTS TO RECEIVE VOLUNTARY CONTRIBUTIONS THROUGH THE PERSONAL INCOME TAX RETURN FORMS WITHOUT THE INVOLVEMENT OF THE CALIFORNIA STATE LEGISLATURE; AND
WHEREAS, THESE FUNDS WOULD BE DISTRIBUTED TO CHARITABLE ORGANIZATIONS, OR AN ORGANIZATION EXEMPT FROM INCOME TAX AS DESCRIBED IN SECTION 23701D OF THE REVENUE AND TAXATION CODE, AND THAT MEETS THE DEFINITION OF A “QUALIFIED APPLICANT,” WHICH IS A STATE OR LOCAL AGENCY OR CHARITABLE ORGANIZATION THAT MEETS THE FOLLOWING REQUIREMENTS: IS CURRENTLY RECOGNIZED AS AN AUTHORIZED PARTICIPANT IN THE VOLUNTARY CONTRIBUTION PROGRAM, HAS REGISTERED IN CALIFORNIA WITH THE ATTORNEY GENERAL’S REGISTRY OF CHARITABLE TRUSTS FOR THREE YEARS PRIOR TO THE DATE OF APPLICATION, HAS MET REQUIREMENTS ESTABLISHED BY STATUTE AND THE ATTORNEY GENERAL FOR THE REGISTRY OF CHARITABLE TRUSTS, HAS SUBMITTED ANNUAL RETURNS OR STATEMENTS WITH THE FRANCHISE TAX BOARD PURSUANT TO THE REVENUE AND TAXATION CODE, AND HAS AVERAGE ANNUAL TOTAL REVENUES IN EXCESS OF THE MINIMUM CONTRIBUTION LEVEL OF $100,000; AND
WHEREAS, THE FRANCHISE TAX BOARD SHOULD BE REQUIRED TO REVISE THE TAX RETURN TO ALLOW FOR THE DESIGNATION OF CONTRIBUTIONS TO QUALIFIED APPLICANTS. THE FRANCHISE TAX BOARD WOULD FURTHER BE REQUIRED TO REVISE OTHER RELATED MATERIALS, INCLUDING, BUT NOT LIMITED TO, ONLINE MATERIALS, SEPARATE SCHEDULES, BOOKLETS, OR INSTRUCTIONS IN A MANNER NECESSARY TO INFORM INDIVIDUALS ABOUT THE QUALIFIED APPLICANTS AND HOW TO MAKE A DESIGNATION ON THE PERSONAL INCOME TAX RETURN; AND
WHEREAS, UNDER THE REVENUE AND TAXATION CODE, THIS CHANGE WOULD MODIFY THE CURRENT VOLUNTARY CONTRIBUTION DESIGNATION PROCESS BY ESTABLISHING THE CALIFORNIA VOLUNTARY CONTRIBUTIONS PROGRAM AND AUTHORIZING THE OFFICE OF CALIFORNIAVOLUNTEERS TO ADMINISTER THE PROGRAM; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE REVENUE AND TAXATION CODE BE AMENDED TO MODIFY THE CURRENT VOLUNTARY CONTRIBUTION DESIGNATION PROCESS BY ESTABLISHING THE CALIFORNIA VOLUNTARY CONTRIBUTIONS PROGRAM AND AUTHORIZING THE OFFICE OF CALIFORNIAVOLUNTEERS TO ADMINISTER THE PROGRAM; AND BE IT FURTHER
RESOLVED, THAT THE FRANCHISE TAX BOARD WOULD BE REQUIRED TO REVISE THE TAX RETURN TO ALLOW FOR THE DESIGNATION OF CONTRIBUTIONS TO QUALIFIED APPLICANTS. THE FRANCHISE TAX BOARD WOULD FURTHER BE REQUIRED TO REVISE OTHER RELATED MATERIALS, INCLUDING, BUT NOT LIMITED TO, ONLINE MATERIALS, SEPARATE SCHEDULES, BOOKLETS, OR INSTRUCTIONS IN A MANNER NECESSARY TO INFORM INDIVIDUALS ABOUT THE QUALIFIED APPLICANT AND HOW TO MAKE A DESIGNATION ON THE PERSONAL INCOME TAX RETURN; AND BE IT FURTHER
RESOLVED, THAT TAXPAYERS WOULD BE ALLOWED TO DESIGNATE THEIR OWN FUNDS FOR CONTRIBUTION TO A QUALIFIED APPLICANT ON THEIR TAX RETURNS IN FULL DOLLAR AMOUNTS OF $1 OR MORE. EACH SIGNATORY ON A JOINT RETURN MAY MAKE THE CONTRIBUTIONS INDIVIDUALLY. THE DESIGNATIONS FOR ANY TAXABLE YEAR MUST BE MADE ON THE INITIAL RETURN FOR THE TAXABLE YEAR AND, ONCE MADE, ARE IRREVOCABLE. AN ITEMIZED DEDUCTION WOULD BE ALLOWED FOR ANY CONTRIBUTION MADE TO A QUALIFIED APPLICANT; AND BE IT FURTHER
RESOLVED, THAT IF PAYMENTS AND CREDITS REPORTED ON THE RETURN DO NOT EXCEED THE TAXPAYER’S LIABILITY, THEN THE TAXPAYER’S RETURN WOULD BE TREATED AS IF NO DESIGNATION HAS BEEN MADE. IF NO DESIGNEE IS SPECIFIED OR THE SPECIFIED DESIGNEE IS NOT A QUALIFIED APPLICANT, A DESIGNATED CONTRIBUTION AMOUNT WOULD BE TRANSFERRED TO THE OFFICE OF CALIFORNIAVOLUNTEERS TO FURTHER THE PURPOSE OF THE PROGRAM; AND BE IT FURTHER
RESOLVED, THAT IF A TAXPAYER DESIGNATES A CONTRIBUTION TO A QUALIFIED APPLICANT WHOSE ELIGIBILITY FOR RECEIVING VOLUNTARY CONTRIBUTIONS HAS BEEN REVOKED, BUT WAS ELIGIBLE TO RECEIVE A VOLUNTARY CONTRIBUTION FOR THE TAXABLE YEAR IN WHICH THE DESIGNATION WAS MADE, THE CONTRIBUTION WOULD BE DISTRIBUTED TO THE QUALIFIED APPLICANT; AND BE IT FURTHER
RESOLVED, THAT THE OFFICE OF CALIFORNIAVOLUNTEERS WOULD BE REQUIRED TO DETERMINE IF A QUALIFIED APPLICANT IS NO LONGER ELIGIBLE TO RECEIVE VOLUNTARY CONTRIBUTIONS THROUGH THE TAX RETURN, REVOKE THE ELIGIBILITY OF THE QUALIFIED APPLICANT FROM THE PROGRAM, AND NOTIFY THE FRANCHISE TAX BOARD OF THE REVOCATION; 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.
RN1716699 AP 10
INTRODUCED BY SENIOR ASSEMBLY MEMBER POINTER
Legislative Counsel’s Digest
AP 10: VOLUNTARY CONTRIBUTION FUND PREPARATION FEE ON TAX RETURN FORMS.
EXISTING LAW ESTABLISHES VARIOUS VOLUNTARY CONTRIBUTION FUNDS THAT ARE REQUIRED TO BE LISTED ON TAX RETURN FORMS. EXISTING LAW STATES IT IS THE INTENT OF THE LEGISLATURE TO ENCOURAGE TAX PREPARERS TO INFORM TAXPAYERS REQUESTING TAX RETURN PREPARATION OF THE OPPORTUNITY TO DONATE TO THESE VARIOUS VOLUNTARY CONTRIBUTION FUNDS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROHIBIT TAX PREPARERS FROM CHARGING AN ADDITIONAL FEE FOR COMPLETION OF THE VOLUNTARY CONTRIBUTION FUND SECTION OF A TAX RETURN FORM.
VOTE MAJORITY.
AP 10: RELATING TO VOLUNTARY CONTRIBUTION FUND PREPARATION FEE ON TAX RETURN FORMS.
WHEREAS, A VOLUNTARY CONTRIBUTION IS AN ELECTION MADE BY THE TAXPAYER TO DESIGNATE AMOUNTS OF A TAX REFUND TO CHARITABLE FUNDS. THE VOLUNTARY CONTRIBUTION SECTION OF A TAX RETURN FORM IS PART OF THE FORM AND IS NOT A SEPARATE FORM, SUCH AS THE SCHEDULE C. CHARGING AN ADDITIONAL FEE FOR COMPLETION OF THE VOLUNTARY CONTRIBUTION SECTION OF A TAX RETURN FORM UNFAIRLY TAKES ADVANTAGE OF TAXPAYERS; AND
WHEREAS, THE FRANCHISE TAX BOARD REPORTS THAT 65 PERCENT OF TAX RETURNS ARE PREPARED BY PROFESSIONALS AND 35 PERCENT OF TAX RETURNS ARE COMPLETED BY TAXPAYERS USING TAX PREPARATION SOFTWARE LIKE TURBO TAX. CHARGING A FEE TO PREPARE THE VOLUNTARY CONTRIBUTION SECTION DETERS INDIVIDUALS FROM DONATING TO THE FUNDS AND UNFAIRLY ENRICHES TAX PROFESSIONALS IN CALIFORNIA; AND
WHEREAS, CALIFORNIA SHOULD PROHIBIT TAX PREPARERS FROM CHARGING A FEE FOR COMPLETING THE VOLUNTARY CONTRIBUTION SECTION AND SHOULD REQUIRE TAX RETURN FORMS TO BE AMENDED TO INCLUDE A DISCLOSURE THAT A TAX PREPARER MAY NOT CHARGE AN ADDITIONAL FEE FOR THE PREPARATION OF THE VOLUNTARY CONTRIBUTION SECTION; AND
WHEREAS, IF THIS BARRIER TO PARTICIPATION WAS REMOVED, INDIVIDUALS WOULD BE MORE INCLINED TO DONATE TO THE VOLUNTARY CONTRIBUTION FUNDS; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE REVENUE AND TAXATION CODE BE AMENDED TO PROHIBIT TAX PREPARERS FROM CHARGING A FEE FOR COMPLETING THE VOLUNTARY CONTRIBUTION SECTION OF A TAX RETURN; 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.
RN1716723 AFP 1
INTRODUCED BY SENIOR ASSEMBLY MEMBER TUCKER
(COAUTHORS: SENIOR SENATORS BORTEL AND MUKOYAMA)
Legislative Counsel’s Digest
AFP 1: SOCIAL SECURITY BENEFITS SUBJECT TO FEDERAL INCOME TAX.
UNDER EXISTING LAW, SOCIAL SECURITY BENEFITS ARE SUBJECT TO INCOME TAX ON ADJUSTED GROSS INCOMES STARTING AT $25,000 OR $32,000 FOR INDIVIDUALS WHO ARE MARRIED FILING JOINTLY.
THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD ELIMINATE SOCIAL SECURITY AND MEDICARE PAYROLL TAXES AFTER THE AGE OF 65 ON THE FIRST $50,000 OF EARNED INCOME AND ELIMINATE INCOME TAXES ON SOCIAL SECURITY BENEFITS.
VOTE MAJORITY.
AFP : RELATING TO SOCIAL SECURITY BENEFITS SUBJECT TO FEDERAL INCOME TAX
WHEREAS, CONGRESS IS SERIOUSLY CONSIDERING INCOME TAX REFORM AND SHOULD ADOPT TWO SIMPLE CHANGES TO HELP MILLIONS OF OLDER AMERICANS WHO GENERALLY HAVE MODEST INCOMES. THOSE CHANGES WOULD BE AN EXEMPTION FROM SOCIAL SECURITY AND MEDICARE PAYROLL TAXES FOR THOSE OLDER THAN 65 YEARS OF AGE ON THE FIRST $50,000 OF EARNED INCOME AND THE ELIMINATION OF INCOME TAXES ON SOCIAL SECURITY BENEFITS; AND
WHEREAS, THESE OLDER AMERICANS HAVE ALREADY CONTRIBUTED WHILE WORKING TO THESE TWO PROGRAMS AND MOST LIKELY, IN THE CASE OF SOCIAL SECURITY, HAVE QUALIFIED FOR THE MAXIMUM BENEFIT BASED ON PAST EARNINGS. ADDITIONAL PAYROLL TAXES DO NOT INCREASE THE BENEFIT PAYMENTS UNLESS IN THE EXCEPTIONAL CASE WHERE AN INDIVIDUAL EARNS MORE AFTER 65 YEARS OF AGE THAN BEFORE; AND
WHEREAS, OLDER AMERICANS WHO QUALIFY FOR MEDICARE BENEFITS RECEIVE THESE BENEFITS BASED UPON THE MEDICAL EXPENSE INCURRED AND NOT WHETHER ANY INCOME WAS EARNED; AND
WHEREAS, PROVIDING SENIORS WITH FURTHER INCENTIVES TO CONTINUE WORKING IS CONSISTENT WITH LONGER LIFE EXPECTATIONS, LOW-RETIREMENT SAVINGS, AND THE DEMAND FOR EXPERIENCED WORKERS; AND
WHEREAS, EXEMPTING OLDER WORKERS FROM PAYING THESE PAYROLL TAXES WOULD INCREASE DISPOSABLE INCOMES BY NEARLY 9 PERCENT ANNUALLY. THIS INCREASE IN SPENDING POWER WOULD IMPROVE THE QUALITY OF LIFE OF OLDER AMERICANS AND STIMULATE THE NATION’S ECONOMY THROUGH THE MULTIPLIER EFFECT; AND
WHEREAS, SOCIAL SECURITY BENEFITS ARE SUBJECT TO INCOME TAX DESPITE RECIPIENTS INITIALLY PAYING PAYROLL TAXES TO FUND THE PROGRAM. UNLIKE OTHER RETIREMENT SAVINGS PROGRAMS, SUCH AS 401K PLANS AND PENSION PLANS WHERE THE CONTRIBUTIONS ARE DEDUCTED BEFORE THE CALCULATION OF TAXABLE INCOME, THE PAYROLL TAX IS NOT SUCH A DEDUCTION. TO TAX THE FUNDS DEPOSITED INTO SOCIAL SECURITY AND TO TAX THE BENEFITS FROM THE PROGRAM IS DOUBLE TAXATION AND IN THE SPIRIT OF FAIRNESS SUCH TAXATION SHOULD NOT APPLY TO SENIORS WHO CONTINUE TO WORK; AND
WHEREAS, SOCIAL SECURITY BENEFITS ARE SUBJECT TO INCOME TAX ON ADJUSTED GROSS INCOMES OF ONLY $25,000 OR ABOVE ($32,000 IF MARRIED FILING JOINTLY). THIS LEVEL OF TAXATION WAS SET IN 1983 AND WAS NEVER INDEXED FOR INFLATION. THIS TAXATION LEVEL WAS INTENDED TO TAX “THE RICH,” BUT TODAY SENIORS WITH MODEST INCOMES ARE SUBJECT TO THE TAX; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES ENACT LEGISLATION THAT WOULD LIMIT SOCIAL SECURITY AND MEDICARE PAYROLL TAXES FOR THOSE OVER 65 YEARS OF AGE AND STOP TAXING SOCIAL SECURITY BENEFITS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT 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 PRESIDENT AND VICE PRESIDENT, THE SENATE MAJORITY LEADER, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON TAXATION AND AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.
ASSEMBLY
HEALTH
COMMITTEE
RN1716697 AP 8
INTRODUCED BY SENIOR ASSEMBLY MEMBER PURCELL
Legislative Counsel’s Digest
AP 8: SENIOR HUNGER.
EXISTING LAW, THE FEDERAL ELDERLY NUTRITION PROGRAM, AUTHORIZED UNDER THE FEDERAL OLDER AMERICANS ACT OF 1965, PROVIDES GRANTS TO STATE AGENCIES ON AGING TO SUPPORT THE DELIVERY OF NUTRITION SERVICES TO SENIOR CENTERS AND TO THE HOMES OF SENIORS WHO ARE AT LEAST 60 YEARS OF AGE. THE PROGRAM IS DESIGNED TO ADDRESS PROBLEMS OF DIETARY INADEQUACY AND SOCIAL ISOLATION AMONG OLDER PERSONS. EXISTING STATE LAW AUTHORIZES THE CALIFORNIA DEPARTMENT OF AGING TO MAKE AVAILABLE STATE FUNDS TO FUND SENIOR NUTRITION PROGRAMS THAT COMPLEMENT PROGRAMS IMPLEMENTED PURSUANT TO THE OLDER AMERICANS ACT.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION TO PROVIDE ADDITIONAL FUNDING FOR CONGREGATE NUTRITION SERVICES AND HOME-DELIVERED NUTRITION SERVICES.
VOTE MAJORITY.
AP 8: RELATING TO SENIOR HUNGER
WHEREAS, ACCORDING TO “THE STATE OF SENIOR HUNGER IN AMERICA 2014: AN ANNUAL REPORT,” PUBLISHED IN JUNE 2016 BY THE NATIONAL FOUNDATION TO END SENIOR HUNGER (NFESH), THE TOTAL POPULATION OF SENIORS IN THE UNITED STATES ROSE BY 119 PERCENT BETWEEN 2001 AND 2014; AND
WHEREAS, ACCORDING TO THE NFESH ANNUAL REPORT PUBLISHED IN JUNE 2016, THE FRACTION OF SENIORS EXPERIENCING THE THREAT OF HUNGER INCREASED BY 47 PERCENT BETWEEN 2001 AND 2014; AND
WHEREAS, ACCORDING TO THE NFESH ANNUAL REPORT PUBLISHED IN JUNE 2016, SENIORS WHO ARE RACIAL OR ETHNIC MINORITIES, WHO HAVE LOWER INCOMES, OR WHO ARE YOUNGER (60 TO 69 YEARS OF AGE, INCLUSIVE) ARE MOST LIKELY TO BE THREATENED BY HUNGER; AND
WHEREAS, ACCORDING TO THE NFESH ANNUAL REPORT PUBLISHED IN JUNE 2016, 19.61 PERCENT OF SENIORS 60 TO 64 YEARS OF AGE, INCLUSIVE, 16.05 PERCENT OF SENIORS 65 TO 69 YEARS OF AGE, INCLUSIVE, 14.35 PERCENT OF SENIORS 70 TO 74 YEARS OF AGE, INCLUSIVE, 14.22 PERCENT OF SENIORS 75 TO 79 YEARS OF AGE, INCLUSIVE, AND 11.24 PERCENT OF SENIORS 80 YEARS OF AGE OR OLDER FACED THE THREAT OF HUNGER IN 2014; AND
WHEREAS, ACCORDING TO DR. OZ, SENIORS NEED A BALANCED DIET OF PROTEIN, FIBER, CARBOHYDRATES, AND FAT. SENIORS ACTUALLY NEED 15 TO 20 MORE GRAMS OF PROTEIN THAN THE AVERAGE PERSON. A SENIOR’S DIET SHOULD BE LOW IN SODIUM, CARBOHYDRATES, AND FAT; AND
WHEREAS, SENIORS NEED TO CONTINUE TO BE THE BENEFICIARIES OF PROGRAMS THAT DELIVER CRITICAL NUTRITION SERVICES TO CONGREGATE MEAL LOCATIONS FOR SENIORS, INCLUDING SENIOR CENTERS, CHURCHES, OR SCHOOLS, OR DIRECTLY TO THE RESIDENCES OF THESE SENIORS; AND
WHEREAS, PRICE INCREASES IN FOOD, HOUSING, AND MEDICATION CONSTRAIN SENIORS’ ABILITY TO AFFORD MEALS ON A FIXED INCOME; AND
WHEREAS, POOR NUTRITION CAN LEAD TO A RANGE OF PROBLEMS, INCLUDING DEPRESSION AND VARIOUS PHYSICAL AILMENTS, THE DEVELOPMENT AND PRESENCE OF WHICH CAN, IN TURN, CREATE AN INCREASED NEED FOR NURSING HOME AND HOSPITAL CARE; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA ENACT APPROPRIATE LEGISLATION TO PROVIDE ADDITIONAL FUNDING FOR CONGREGATE NUTRITION SERVICES AND HOME-DELIVERED NUTRITION SERVICES IN RELATION TO THE PERCENTAGE OF INCREASE IN SENIOR POPULATION; 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.
RN1716702 AP 13
INTRODUCED BY SENIOR ASSEMBLY MEMBER GOULD
(COAUTHOR: SENIOR SENATOR SHONTZ)
Legislative Counsel’s Digest
AP 13: LABELING OF PRESCRIPTION DRUGS.
EXISTING LAW, THE PHARMACY LAW, PROVIDES FOR THE LICENSURE AND REGULATION OF PHARMACISTS BY THE CALIFORNIA STATE BOARD OF PHARMACY. EXISTING LAW REQUIRES EVERY PRESCRIPTION TO INCLUDE A LEGIBLE, CLEAR NOTICE OF THE CONDITION OR PURPOSE FOR WHICH THE DRUG IS PRESCRIBED, IF REQUESTED BY THE PATIENT. EXISTING LAW PROHIBITS A PHARMACIST FROM DISPENSING ANY PRESCRIPTION UNLESS IT IS IN A SPECIFIED CONTAINER THAT IS CORRECTLY LABELED TO INCLUDE, AMONG OTHER INFORMATION, THE CONDITION OR PURPOSE FOR WHICH THE DRUG WAS PRESCRIBED IF THE CONDITION OR PURPOSE IS INDICATED ON THE PRESCRIPTION. EXISTING LAW, THE MEDICAL PRACTICE ACT, PROVIDES FOR THE LICENSURE AND REGULATION OF PHYSICIANS AND SURGEONS BY THE MEDICAL BOARD OF CALIFORNIA.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE PHYSICIANS AND SURGEONS TO INCLUDE THE PURPOSE FOR WHICH THE MEDICATION IS PRESCRIBED ON ALL PRESCRIPTIONS, SO THAT THE INFORMATION WOULD BE INCLUDED ON THE PRESCRIPTION LABEL, UNLESS THE PATIENT OR THE PRESCRIBING PHYSICIAN AND SURGEON REQUESTS THAT THIS INFORMATION BE OMITTED.
VOTE MAJORITY.
AP 13: RELATING TO LABELING OF PRESCRIPTION DRUGS.
WHEREAS, OVER-THE-COUNTER MEDICATION LABELS ARE REQUIRED TO LIST THE PURPOSE OF THE MEDICATION, AND ALL LABELS FOR PRESCRIPTION MEDICATIONS SHOULD ADHERE TO THIS SAME SAFETY PRECAUTION; AND
WHEREAS, THE NATIONAL COORDINATING COUNCIL FOR MEDICATION ERROR REPORTING AND PREVENTION DEFINES “MEDICATION ERROR” AS “ANY PREVENTABLE EVENT THAT MAY CAUSE OR LEAD TO INAPPROPRIATE MEDICATION USE OR PATIENT HARM WHILE THE MEDICATION IS IN THE CONTROL OF THE HEALTH CARE PROFESSIONAL, PATIENT, OR CONSUMER”; AND
WHEREAS, CALIFORNIA STATE BOARD OF PHARMACY REGULATIONS STATE THAT ALL PRESCRIPTION LABELS SHALL BE “PATIENT-CENTERED”; AND
WHEREAS, IN 2001, THE CALIFORNIA HEALTH CARE FOUNDATION FOUND THAT MEDICATION ERRORS REPRESENT THE LARGEST SINGLE CAUSE OF ERRORS IN THE HOSPITAL SETTING, ACCOUNTING FOR MORE THAN 7,000 DEATHS ANNUALLY, WHICH IS MORE THAN THE NUMBER OF DEATHS RESULTING FROM WORKPLACE INJURIES; AND
WHEREAS, THE NUMBER OF PEOPLE TREATED IN HOSPITALS IN THE UNITED STATES FOR PROBLEMS RELATED TO MEDICATION ERRORS HAS SURGED MORE THAN 50 PERCENT IN RECENT YEARS; AND
WHEREAS, ACCORDING TO THE FORMER INSTITUTE OF MEDICINE, NOW THE NATIONAL ACADEMY OF MEDICINE, TAKING INTO ACCOUNT ALL OF THE ADVERSE DRUG EFFECTS FROM HOSPITALS, LONG-TERM CARE FACILITIES, AND OUTPATIENT MEDICARE PATIENTS, THERE ARE AT LEAST 1.5 MILLION PREVENTABLE ADVERSE DRUG EFFECTS THAT OCCUR EACH YEAR IN THE UNITED STATES, AND THIS NUMBER DOES NOT INCLUDE EFFECTS FROM ERRORS OF HOME CAREGIVERS OR OF PATIENTS THEMSELVES. REQUIRING PHYSICIANS AND SURGEONS TO SPECIFY THE PURPOSE OF THE MEDICATION ON THE PRESCRIPTION MAY PREVENT SOME OF THESE ADVERSE DRUG EFFECTS; AND
WHEREAS, THE FORMER INSTITUTE OF MEDICINE, NOW THE NATIONAL ACADEMY OF MEDICINE, ALSO FOUND THAT MEDICATION MISTAKES ARE THE MOST COMMON MEDICAL ERRORS, RESULTING IN AN ESTIMATED $3.5 BILLION IN ADDED COSTS DUE TO LOST WAGES, REDUCED PRODUCTIVITY, AND ADDITIONAL HEALTH CARE EXPENSES, AND THAT PEOPLE OLDER THAN 65 YEARS OF AGE ARE MOST LIKELY TO BE HOSPITALIZED FOR SIDE EFFECTS OR MEDICATION-RELATED INJURIES; AND
WHEREAS, THE FREQUENCY OF INJURIES CAUSED BY MEDICATION ERRORS MAY DECREASE IF PHYSICIANS AND SURGEONS ARE REQUIRED TO SPECIFY THE PURPOSE OF MEDICATIONS ON THE PRESCRIPTIONS; AND
WHEREAS, THESE STATISTICS ILLUSTRATE THAT THE COST SAVINGS FOR MEDI-CAL COULD BE DRAMATIC WHEN A NO-COST CHANGE, SUCH AS REQUIRING THAT THE MEDICATION’S PURPOSE BE INCLUDED ON EACH PRESCRIPTION, IS IMPLEMENTED; AND
WHEREAS, IT IS REQUIRED PROCEDURE FOR PHYSICIANS AND SURGEONS OF THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE THE PURPOSE OF MEDICATIONS ON ALL PRESCRIPTIONS; AND
WHEREAS, MANY PEOPLE, ESPECIALLY SENIORS, HAVE UNEXPIRED MEDICATIONS IN THEIR MEDICINE CABINETS BUT DO NOT REMEMBER THE INTENDED USE BECAUSE THE PURPOSE IS NOT INCLUDED ON THE LABEL. PATIENTS SOMETIMES CALL THEIR PHYSICIANS AND SURGEONS AND PHARMACISTS TO BE REMINDED OF THE INTENDED USE, THUS COSTING THESE PRACTITIONERS TIME; AND
WHEREAS, INCLUDING THE PURPOSE OF THE MEDICATION ON THE PRESCRIPTION PROVIDES A CHECK AND BALANCE BETWEEN THE PHYSICIAN AND SURGEON WRITING THE PRESCRIPTION AND THE PHARMACIST FILLING IT, WHICH IS IMPORTANT DUE TO SIMILAR SPELLINGS IN MANY DRUG NAMES; AND
WHEREAS, EXISTING LAW REQUIRES A PHARMACIST TO INCLUDE ALL INSTRUCTIONS WRITTEN ON A PHYSICIAN AND SURGEON’S PRESCRIPTION, AND
THUS, IF THE PURPOSE IS INCLUDED IN THE PRESCRIPTION, THE PHARMACIST WOULD BE REQUIRED TO ALSO INCLUDE THE PURPOSE ON THE LABEL; AND
WHEREAS, BECAUSE MEDICAL INFORMATION IS CONFIDENTIAL AND PRIVATE BETWEEN PHYSICIAN AND SURGEON, PATIENT, AND PHARMACIST, IT CANNOT BE SOLD TO ANY PERSON OR BUSINESS FOR ANY REASON, AND THEREFORE, THERE IS NO PRIVACY ISSUE RAISED BY THE INCLUSION OF THIS INFORMATION ON PRESCRIPTION LABELS; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ALL PHYSICIANS AND SURGEONS BE REQUIRED TO INCLUDE THE PURPOSE FOR WHICH THE MEDICATION IS PRESCRIBED ON ALL PRESCRIPTIONS, SO THAT THE INFORMATION WOULD BE INCLUDED ON THE PRESCRIPTION LABEL, UNLESS THE PATIENT OR THE PRESCRIBING PHYSICIAN AND SURGEON REQUESTS THAT THIS INFORMATION BE OMITTED; 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.
ASSEMBLY
HOUSING & TRANSPORTATION
COMMITTEE
RN1716689 AP 3
INTRODUCED BY SENIOR ASSEMBLY MEMBER WARREN
(COAUTHORS: SENIOR ASSEMBLY MEMBERS BRANSON AND ROLFE)
Legislative Counsel’s Digest
AP 3: TRANSPORTATION: SENIORS’ AND DISABLED INDIVIDUALS’ ACCESS TO TRANSPORTATION TO MEDICAL SERVICES.
THE CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 DESIGNATES THE STATE AIR RESOURCES BOARD AS THE STATE AGENCY CHARGED WITH MONITORING AND REGULATING SOURCES OF EMISSIONS OF GREENHOUSE GASES. THE ACT AUTHORIZES THE STATE BOARD TO INCLUDE THE USE OF MARKET-BASED COMPLIANCE MECHANISMS. EXISTING LAW REQUIRES ALL MONEYS, EXCEPT FOR FINES AND PENALTIES, COLLECTED BY THE STATE BOARD AS PART OF A MARKET-BASED COMPLIANCE MECHANISM TO BE DEPOSITED IN THE GREENHOUSE GAS REDUCTION FUND. EXISTING LAW CONTINUOUSLY APPROPRIATES A CERTAIN AMOUNT OF MONEYS FROM THE FUND FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM TO PROVIDE OPERATING AND CAPITAL ASSISTANCE FOR TRANSIT AGENCIES TO REDUCE THE EMISSIONS OF GREENHOUSE GASES AND IMPROVE MOBILITY, WITH A PRIORITY ON SERVING DISADVANTAGED COMMUNITIES.
EXISTING LAW ESTABLISHES THE AIR QUALITY IMPROVEMENT PROGRAM THAT IS ADMINISTERED BY THE STATE BOARD FOR PURPOSES OF FUNDING PROJECTS RELATED TO, AMONG OTHER THINGS, THE REDUCTION OF CRITERIA AIR POLLUTANTS AND IMPROVEMENT OF AIR QUALITY. EXISTING LAW ESTABLISHES THE CARL MOYER MEMORIAL AIR QUALITY STANDARDS ATTAINMENT PROGRAM THAT IS ADMINISTERED BY THE STATE BOARD TO PROVIDE GRANTS TO OFFSET THE INCREMENTAL COST OF ELIGIBLE PROJECTS THAT REDUCE EMISSIONS FROM COVERED VEHICULAR SOURCES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE THE USE OF MONEYS IN THE GREENHOUSE GAS REDUCTION FUND, MONEYS FUNDING THE AIR QUALITY IMPROVEMENT PROGRAM, CARL MOYER MEMORIAL AIR QUALITY STANDARDS ATTAINMENT PROGRAM, OR OTHER SIMILAR PROGRAMS, OR MONEYS FROM OTHER APPROPRIATE SOURCES, TO FUND GRANT PROGRAMS IN COUNTIES TO PROVIDE TRANSPORTATION TO NONEMERGENCY MEDICAL SERVICES FOR THE SENIOR AND DISABLED POPULATIONS LOCATED IN RURAL, DESERT, AND MOUNTAIN AREAS THROUGH THE USE OF CLEAN VEHICLES.
VOTE MAJORITY.
AP 3: RELATING TO TRANSPORTATION
WHEREAS, CALIFORNIA HAS MANY SENIORS AND PEOPLE WITH DISABILITIES OR WHO SUFFER FROM CHRONIC, SERIOUS ILLNESSES OR MENTAL IMPAIRMENTS THAT LIMIT THEIR MOBILITY AND WHO LIVE IN RURAL, MOUNTAIN, OR DESERT COMMUNITIES THROUGHOUT THE STATE; AND
WHEREAS, RESOURCES FOR NON-EMERGENCY MEDICAL TRANSPORTATION ARE LIMITED IN THOSE COMMUNITIES AND WHERE THEY ARE AVAILABLE MANY VEHICLES USED IN THOSE COMMUNITIES USE FUELS THAT CONTRIBUTE TO AIR POLLUTION IN THOSE COMMUNITIES; AND
WHEREAS, NON-EMERGENCY MEDICAL SERVICES INCLUDE SCHEDULED MEDICAL APPOINTMENTS, RETURN TRIPS FROM HOSPITAL EMERGENCIES, AND TRANSFERS BETWEEN HOSPITALS; AND
WHEREAS, FOR TRANSPORTATION-DISADVANTAGED INDIVIDUALS, SUCH AS PERSONS WITHOUT A DRIVERS’ LICENSE OR WITH MOBILITY IMPAIRMENTS, TRANSPORTATION ACCESS CAN BE A BARRIER TO RECEIVING MEDICAL CARE; AND
WHEREAS, THE LACK OF TRANSPORTATION TO MEDICAL SERVICES IS A PRIME CONCERN BECAUSE OF THE LONG DISTANCES TO SPECIALIZED HEALTH CARE FACILITIES, WHICH ARE PRIMARILY OUTSIDE RURAL, MOUNTAIN, AND DESERT COMMUNITIES; AND
WHEREAS, MISSING MEDICAL APPOINTMENTS CAN LEAD TO WORSENING OF HEALTH CONDITIONS AND INCREASED HEALTH CARE COSTS; AND
WHEREAS, FOR EXAMPLE, THE COUNTIES OF LAKE AND MENDOCINO WITH A COMBINED AREA OF 7320 SQUARE MILES HAVE A POPULATION OF 40,227 SENIOR CITIZENS, ABOUT 70 PERCENT OF THE COMBINED TOTAL POPULATION OF THOSE COUNTIES; AND
WHEREAS, OF THE POPULATION OF LAKE COUNTY, 55 PERCENT IS LOW INCOME; AND
WHEREAS, THE AREA AGENCY ON AGING OF LAKE AND MENDOCINO COUNTIES, PLANNING AND SERVICE AREA (PSA) 26, PROVIDES NO FUNDING FOR TRANSPORTATION BECAUSE ITS FUNDING IS DEDICATED FOR THE SUPPORT OF SENIOR CENTERS; AND
WHEREAS, TRANSPORTATION FOR SENIORS IS PRIMARILY PROVIDED BY COUNTY TRANSIT AGENCIES; AND
WHEREAS, IN LAKE COUNTY, LAKE TRANSIT HAS BEEN MAKING A STRONG EFFORT TO EXPAND SENIOR TRANSPORTATION THROUGH GRANTS FROM THE FEDERAL GOVERNMENT TO EXPAND ITS FLEDGLING VOLUNTEER DRIVER PROGRAM; AND
WHEREAS, LAKE TRANSIT HAS ALSO BEGUN TO PROVIDE TRANSPORTATION TO OUT-OF-COUNTY NONEMERGENCY MEDICAL FACILITIES AND EXPANDING ITS COORDINATION WITH HOSPITALS AND OTHER NON-PROFIT ORGANIZATIONS RELATED TO MEDICAL SERVICES; AND
WHEREAS, IN PROVIDING THESE SERVICES, LAKE TRANSIT HAS NOT GIVEN ANY CONSIDERATION TO THE USE OF CLEAN VEHICLES, SUCH AS HYBRID, PLUG-IN HYBRID, ELECTRIC, OR OTHER NON-POLLUTING VEHICLES; AND
WHEREAS, SAN BERNARDINO COUNTY’S 307,000 SENIOR AND DISABLED POPULATION IS SITUATED IN AN AREA THAT IS OVER 20,000 SQUARE MILES OF RURAL, DESERT, OR MOUNTAIN AREAS; AND
WHEREAS, TRANSPORTATION SERVICES FOR SENIORS AND DISABLED INDIVIDUALS IN THE COUNTY ARE PROVIDED THROUGH A VOLUNTEER DRIVER PROGRAM, WHICH IS NOT FUNDED BY THE AREA OFFICE ON AGING FOR THAT COUNTY, IN WHICH PARTICIPANTS OF THE PROGRAM HAVE TO RECRUIT THEIR DRIVERS; AND
WHEREAS, IT IS EQUALLY CHALLENGING FOR THE SENIOR AND DISABLED POPULATION IN STANISLAUS COUNTY, WHICH IS APPROXIMATELY 1,515 SQUARE MILES, TO ACCESS TRANSPORTATION TO NON-EMERGENCY MEDICAL SERVICES BECAUSE THERE ARE NOT TRANSPORTATION SERVICES SPONSORED BY THE DEPARTMENT OF AGING AND ADULT SERVICES FOR THAT COUNTY; AND
WHEREAS, TRANSPORTATION PROBLEMS IN THESE COUNTIES, AS WELL AS MANY OTHER SIMILARLY SITUATED COUNTIES, STEM FROM THE RURAL, LOW DENSITY POPULATION BASE, SEPARATED BY MANY MILES AND GEOGRAPHIC FEATURES, SUCH AS MOUNTAINS AND LAKES; AND
WHEREAS, MANY SENIORS IN THESE COUNTIES NEED ACCESS TO TRANSPORTATION TO NONEMERGENCY MEDICAL SERVICES, SUCH AS SPECIALIZED TREATMENT, WHICH ARE OFTEN PROVIDED IN FAR-OFF LOCATIONS, SUCH AS MORE URBANIZED AREAS, AND TRANSPORTATION BETWEEN THE SENIORS’ RESIDENCES AND MEDICAL FACILITIES IS OFTEN NON-EXISTENT BECAUSE OF THE DISTANCES INVOLVED AND THE COSTS ASSOCIATED WITH PROVIDING TRANSPORTATION; AND
WHEREAS, CALIFORNIA, THROUGH THE ENACTING OF THE CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 (DIVISION 25.5 (COMMENCING WITH SECTION 38500) OF THE HEALTH AND SAFETY CODE), HAS ESTABLISHED A STATE POLICY TO REDUCE THE STATE’S EMISSIONS OF GREENHOUSE GASES;
WHEREAS, THE DEPARTMENT OF FINANCE, IN ITS 3-YEAR INVESTMENT PLAN, IS REQUIRED TO ALLOCATE 25 PERCENT OF THE AVAILABLE MONEYS IN THE GREENHOUSE GAS REDUCTION FUND TO PROJECTS THAT PROVIDE BENEFITS TO DISADVANTAGED COMMUNITIES, IDENTIFIED BY THE OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT, AND 10 PERCENT TO PROJECTS LOCATED IN THOSE COMMUNITIES; AND
WHEREAS, THE DEPARTMENT OF TRANSPORTATION IS TARGETING INVESTMENTS OF MONEYS FROM THE GREENHOUSE GAS REDUCTION FUND TO IMPROVE PUBLIC HEALTH, QUALITY OF LIFE, AND ECONOMIC OPPORTUNITY IN CALIFORNIA’S MOST BURDENED COMMUNITIES AND AT THE SAME TIME TO REDUCE THE EMISSIONS OF GREENHOUSE GASES; AND
WHEREAS, THE LOW CARBON TRANSIT OPERATIONS PROGRAM, FUNDED BY MONEYS IN THE GREENHOUSE GAS REDUCTION FUND, PROVIDES OPERATING AND CAPITAL ASSISTANCE FOR TRANSIT AGENCIES TO REDUCE THE EMISSIONS OF GREENHOUSE GASES AND IMPROVE MOBILITY, WITH A PRIORITY ON SERVING DISADVANTAGED COMMUNITIES; AND
WHEREAS, THE AIR QUALITY IMPROVEMENT PROGRAM (ARTICLE 3 (COMMENCING WITH SECTION 44274) OF CHAPTER 8.9 OF PART 5 OF DIVISION 26 OF THE HEALTH AND SAFETY CODE), THE CARL MOYER MEMORIAL AIR QUALITY STANDARDS ATTAINMENT PROGRAM (CHAPTER 9 (COMMENCING WITH SECTION 44275) OF PART 5 OF DIVISION 26 OF THE HEALTH AND SAFETY CODE), AND OTHER SIMILAR PROGRAMS ADMINISTERED BY THE STATE AIR RESOURCES BOARD PROVIDE FINANCIAL INCENTIVES FOR THE PURCHASE OF CLEAN VEHICLES; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION TO AUTHORIZE THE USE OF MONEYS IN THE GREENHOUSE GAS REDUCTION FUND, MONEYS FUNDING THE AIR QUALITY IMPROVEMENT PROGRAM, CARL MOYER MEMORIAL AIR QUALITY STANDARDS ATTAINMENT PROGRAM, OR OTHER SIMILAR PROGRAMS, OR MONEYS FROM OTHER APPROPRIATE SOURCES TO FUND GRANT PROGRAMS IN COUNTIES TO PROVIDE TRANSPORTATION TO NONEMERGENCY MEDICAL SERVICES FOR THE SENIOR AND DISABLED POPULATIONS LOCATED IN RURAL, DESERT, AND MOUNTAIN AREAS THROUGH THE USE OF CLEAN VEHICLES; 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.
RN1716694 AP 7
INTRODUCED BY SENIOR ASSEMBLY MEMBER ROLFE
(COAUTHORS: SENIOR ASSEMBLY MEMBERS BLOCH, KROHN, TOM, AND WARREN)
(COAUTHORS: SENIOR SENATORS HERTAN AND YOUNG)
Legislative Counsel’s Digest
AP 7: AFFORDABLE HOUSING FOR THE ELDERLY: SHARED HOUSING.
EXISTING LAW, THE PLANNING AND ZONING LAW, REQUIRES A CITY OR COUNTY TO ADOPT A GENERAL PLAN FOR LAND USE DEVELOPMENT WITHIN ITS BOUNDARIES THAT INCLUDES, AMONG OTHER THINGS, A HOUSING ELEMENT. EXISTING LAW PROVIDES FOR VARIOUS REFORMS AND INCENTIVES INTENDED TO FACILITATE AND EXPEDITE THE CONSTRUCTION OF AFFORDABLE HOUSING.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD, FOR THE PURPOSE OF MEETING HOUSING ELEMENT GOALS UNDER THE PLANNING AND ZONING LAW, CLASSIFY HOUSING UNITS PARTICIPATING IN A HOME-SHARING ARRANGEMENT IN WHICH AT LEAST ONE OF THE OCCUPANTS IS AN ELDERLY PERSON WHO QUALIFIES AS A PERSON OF LOW OR MODERATE INCOME, AS DEFINED, AS VERY LOW INCOME HOUSEHOLDS. THIS MEASURE ALSO WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD INCENTIVIZE LOCAL AUTHORITIES TO MEET AFFORDABLE HOUSING GOALS AND THAT WOULD HOLD LOCAL AUTHORITIES ACCOUNTABLE WHEN THEY FAIL TO DO SO.
VOTE MAJORITY.
AP 7: RELATING TO AFFORDABLE HOUSING FOR THE ELDERLY: SHARED HOUSING
WHEREAS, ELDERLY CALIFORNIANS HAVE MADE SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT AND PROSPERITY OF THIS STATE; AND
WHEREAS, NO PERSONS, ESPECIALLY THE ELDERLY, SHOULD HAVE TO BE HOMELESS IN CALIFORNIA; AND
WHEREAS, HIGH PROPERTY COSTS PREVENT MANY ELDERLY CALIFORNIANS, PARTICULARLY THOSE WITH FIXED INCOMES, FROM SECURING AFFORDABLE HOUSING; AND
WHEREAS, ACCORDING TO THE NATIONAL COALITION FOR THE HOMELESS, OLDER ADULT AND ELDER HOMELESSNESS IS ON THE RISE; AND
WHEREAS, THERE IS INADEQUATE AFFORDABLE HOUSING FOR THE ELDERLY DUE, IN PART, TO AFFORDABLE HOUSING GOALS CONSISTENTLY GOING UNMET; AND
WHEREAS, HOME-SHARING IS A POTENTIAL SOLUTION FOR MEETING THE AFFORDABLE HOUSING NEEDS OF CALIFORNIA’S ELDERLY POPULATION; AND
WHEREAS, HOME-SHARING IS A SIMPLE AND EFFECTIVE ARRANGEMENT WHEREIN A HOMEOWNER OFFERS ACCOMMODATIONS TO A HOME SHARER IN EXCHANGE FOR AN AGREED LEVEL OF SUPPORT IN THE FORM OF MONETARY COMPENSATION, ASSISTANCE WITH HOUSEHOLD TASKS, OR BOTH; AND
WHEREAS, HOME-SHARING BENEFITS THE COMMUNITY BY MAKING EFFICIENT USE OF EXISTING HOUSING STOCK AND STRENGTHENING COMMUNITY TIES; AND
WHEREAS, CLASSIFYING HOUSEHOLDS THAT PARTICIPATE IN A HOME-SHARING ARRANGEMENT AS VERY LOW INCOME MAY INCENTIVIZE LOCAL AUTHORITIES TO PROMOTE THESE PROGRAMS AND HELP LOCAL AUTHORITIES MEET THEIR HOUSING GOALS MORE EASILY; AND
WHEREAS, LOCAL AUTHORITIES NEED TO BE HELD ACCOUNTABLE AND ENCOURAGED TO SERIOUSLY ADDRESS AFFORDABLE HOUSING FOR ELDERLY CALIFORNIANS; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT, FOR THE PURPOSE OF MEETING HOUSING ELEMENT GOALS UNDER THE PLANNING AND ZONING LAW (TITLE 7 (COMMENCING WITH SECTION 65000) OF THE GOVERNMENT CODE), HOUSING UNITS PARTICIPATING IN A HOME-SHARING ARRANGEMENT IN WHICH AT LEAST ONE OF THE OCCUPANTS IS AN ELDERLY PERSON WHO QUALIFIES AS A PERSON OF LOW OR MODERATE INCOME, AS DEFINED IN SECTION 50093 OF THE HEALTH AND SAFETY CODE, SHALL QUALIFY AS VERY LOW INCOME HOUSEHOLDS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA HEREBY PROPOSES THAT LEGISLATION BE ENACTED THAT WILL INCENTIVIZE LOCAL AUTHORITIES TO MEET AFFORDABLE HOUSING GOALS AND THAT WILL HOLD LOCAL AUTHORITIES ACCOUNTABLE WHEN THEY FAIL TO DO SO; 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.
171671715 AP 15
INTRODUCED BY SENIOR ASSEMBLY MEMBER BRANSON
(COAUTHOR: ASSEMBLY MEMBER KROHN)
Legislative Counsel’s Digest
AP 15: PUBLIC SAFETY: TAXICABS AND PASSENGER VEHICLES FOR HIRE: SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM.
UNDER EXISTING LAW, EVERY CITY OR COUNTY IS REQUIRED TO ADOPT AN ORDINANCE OR RESOLUTION IN REGARD TO TAXICAB TRANSPORTATION SERVICE AND TO ESTABLISH VARIOUS POLICIES, PROCEDURES, AND ELIGIBILITY REQUIREMENTS FOR PROVIDING TAXICAB TRANSPORTATION SERVICE. EXISTING LAW, THE PASSENGER CHARTER-PARTY CARRIERS’ ACT, PROVIDES FOR THE REGULATION BY THE PUBLIC UTILITIES COMMISSION OF CHARTER-PARTY CARRIERS OF PASSENGERS, INCLUDING TRANSPORTATION NETWORK COMPANIES, WHICH ARE DEFINED AS CERTAIN ORGANIZATIONS THAT, USING AN ONLINE-ENABLED APPLICATION OR PLATFORM, CONNECT PASSENGERS WITH DRIVERS USING A PERSONAL VEHICLE, AND ALSO PROVIDES FOR THE REGULATION BY THE COMMISSION OF LIMOUSINE-FOR-HIRE SERVICES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD CREATE A VOLUNTARY
SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM, AS SPECIFIED, THAT WOULD PROVIDE TRAINING AND CERTIFICATION IN VARIOUS SKILLS NECESSARY TO FACILITATE THE SAFE TRANSPORTATION OF ELDERLY PASSENGERS BY DRIVERS OF FOR-PROFIT TRANSPORTATION SERVICES, INCLUDING TRANSPORTATION NETWORK COMPANIES, LIMOUSINE-FOR-HIRE SERVICES, AND TAXICAB TRANSPORTATION SERVICES. THE MEASURE WOULD FURTHER MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROVIDE THAT THIS PROGRAM BE SUPPORTED THROUGH FEES PAID BY THOSE PARTICIPATING IN THE TRAININGS.
VOTE MAJORITY.
AP 15: RELATING TO TAXICAB AND FOR-HIRE PASSENGER VEHICLE SAFETY
WHEREAS, THE CALIFORNIA DEPARTMENT OF FINANCE PROJECTS THAT THE ELDERLY POPULATION OF THE STATE WILL INCREASE SIGNIFICANTLY BETWEEN 2010 AND 2060, WITH THE POPULATION OF INDIVIDUALS 65 TO 74 YEARS OF AGE, INCLUSIVE, INCREASING BY 140 PERCENT; 75 TO 84 YEARS OF AGE, INCLUSIVE, INCREASING BY 203 PERCENT; AND 85 YEARS OF AGE OR OLDER INCREASING BY 316 PERCENT; AND
WHEREAS, DUE TO AGE-RELATED DISABILITIES, MANY SENIORS, ESPECIALLY THOSE 75 YEARS OF AGE AND OLDER, NO LONGER DRIVE; AND
WHEREAS, VARIOUS FOR-PROFIT TRANSPORTATION SERVICES, INCLUDING TRANSPORTATION NETWORK COMPANIES, LIMOUSINE-FOR-HIRE SERVICES, AND TAXICAB TRANSPORTATION SERVICES, PROVIDE TRANSPORTATION FOR NONDRIVING SENIORS IN CALIFORNIA, IN MANY CASES WITHOUT SPECIALIZED TRAINING ON THE NEEDS AND THE HEALTH AND DISABILITY ISSUES OF THE SENIOR POPULATION; AND
WHEREAS, SENIOR RIDERS USING THESE SERVICES ARE LIKELY TO NEED A
HIGHER LEVEL OF CARE AND ASSISTANCE FROM THEIR DRIVERS THAN YOUNGER OR HEALTHIER RIDERS; AND
WHEREAS, BY OBTAINING A SENIOR-FRIENDLY DRIVER CERTIFICATE, A DRIVER WOULD LIKELY ENCOURAGE MORE RIDERS TO FEEL CONFIDENT IN USING THE DRIVER’S SERVICE; AND
WHEREAS, SENIOR RIDERS USING A CERTIFIED SENIOR-FRIENDLY DRIVER WOULD BE MORE LIKELY TO HAVE A SAFE AND COMFORTABLE RIDING EXPERIENCE, THUS ENHANCING THEIR ABILITY TO ACCESS GOODS AND SERVICES THAT ARE NECESSARY FOR THEM TO BE ABLE TO AGE IN PLACE IN THEIR OWN HOMES; AND
WHEREAS, CURRICULA AND OTHER MATERIAL ON SAFE TRANSPORTATION FOR SENIORS IS AVAILABLE THROUGH VARIOUS SOURCES; AND
WHEREAS, MUCH SENIOR-FRIENDLY DRIVER CURRICULA COULD BE MADE AVAILABLE ONLINE; AND
WHEREAS, TO FURTHER ENSURE THE SAFETY OF SENIOR PASSENGERS, A SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM WOULD INCLUDE A CHECK OF DRIVERS’ DRIVING RECORDS THROUGH THE DEPARTMENT OF MOTOR VEHICLES AND A CRIMINAL BACKGROUND CHECK; AND
WHEREAS, THE SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM COULD BE SUPPORTED THROUGH FEES PAID BY THOSE PARTICIPATING IN THE TRAININGS; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA ENACT APPROPRIATE LEGISLATION TO CREATE A VOLUNTARY SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM FOR DRIVERS OF FOR-PROFIT
TRANSPORTATION SERVICES, INCLUDING TRANSPORTATION NETWORK COMPANIES, LIMOUSINE-FOR-HIRE SERVICES, AND TAXICAB TRANSPORTATION SERVICES; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM INCLUDE TRAININGS AND CERTIFICATION IN VARIOUS SKILLS NECESSARY TO FACILITATE THE SAFE TRANSPORTATION OF ELDERLY PASSENGERS, A CHECK OF DRIVERS’ DRIVING RECORDS THROUGH THE DEPARTMENT OF MOTOR VEHICLES, AND A CRIMINAL BACKGROUND CHECK, AND BE SUPPORTED THROUGH FEES PAID BY THOSE PARTICIPATING IN THE TRAININGS; AND BE IT FURTHER
RESOLVED, THAT THE VARIOUS STATE AGENCIES THAT REGULATE DRIVING AND SERVE THE NEEDS OF SENIORS, INCLUDING THE DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, THE CALIFORNIA DEPARTMENT OF AGING, AND THE PUBLIC UTILITIES
COMMISSION, AS APPROPRIATE, BE TASKED WITH COLLABORATING TO DEVELOP STANDARDS, CURRICULA, AND AN IMPLEMENTATION PLAN FOR THE SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM; AND BE IT FURTHER
RESOLVED, THAT ORGANIZATIONS THAT PROVIDE TRAININGS AND CERTIFICATIONS THAT MEET THE CRITERIA OF THE SENIOR-FRIENDLY DRIVER CERTIFICATE PROGRAM BE AUTHORIZED TO PROVIDE CALIFORNIA-APPROVED SENIOR-FRIENDLY DRIVER CERTIFICATES, CERTIFICATION LETTERS, AND A “SENIOR-FRIENDLY DRIVER” DECAL TO THOSE DRIVERS WHO HAVE SUCCESSFULLY COMPLETED THEIR TRAININGS AND PASSED THEIR BACKGROUND CHECKS; 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.
RN1716722 AP 18
INTRODUCED BY SENIOR ASSEMBLY MEMBER HORNE
Legislative Counsel’s Digest
AP 18: GOLF CARTS.
UNDER EXISTING LAW, GOLF CARTS ARE PROHIBITED FROM BEING OPERATED UPON A HIGHWAY EXCEPT THAT A LOCAL AUTHORITY MAY DESIGNATE CERTAIN HIGHWAYS UNDER ITS JURISDICTION FOR COMBINED USE, INCLUDING GOLF CARTS, PROVIDED THAT SUCH A HIGHWAY IS WITHIN A REAL ESTATE DEVELOPMENT OFFERING GOLFING FACILITIES, IS ADJACENT TO A GOLF COURSE, OR PROVIDES ACCESS BETWEEN WHERE GOLF CARTS ARE PARKED OR STORED AND A GOLF COURSE AND IS NO MORE THAN ONE MILE FROM THE GOLF COURSE.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD EXTEND THE AUTHORITY OF LOCAL JURISDICTIONS TO PERMIT GOLF CARTS ON OTHER ROADS THAT PROVIDE ACCESS BETWEEN GOLFING DEVELOPMENTS AND ADJACENT BUSINESS DISTRICTS OR RETAIL DEVELOPMENTS.
VOTE MAJORITY.
RELATING TO GOLF CARTS
WHEREAS, MANY CALIFORNIA SENIOR CITIZENS RESIDE IN COMMUNITIES THAT PROVIDE GOLFING FACILITIES SO THAT THEY MAY MAINTAIN A HEALTHY AND ACTIVE LIFESTYLE; AND
WHEREAS, THESE COMMUNITIES ARE AUTHORIZED UNDER STATE LAW TO ALLOW GOLF CARTS TO SHARE THE ROADS WITH OTHER MOTOR VEHICLE TRAFFIC; AND
WHEREAS, MANY SENIORS IN THESE COMMUNITIES HAVE OPTED TO GIVE UP DRIVING MOTOR VEHICLES AND INSTEAD RELY ON MORE ECONOMICAL AND EASIER TO OPERATE GOLF CARTS TO BE INDEPENDENT AND MOBILE; AND
WHEREAS, GOLF CARTS ARE ENVIRONMENTALLY FRIENDLY AND REDUCE POLLUTION, NOISE, AND TRAFFIC AND PARKING CONGESTION; AND
WHEREAS, MANY OF THESE COMMUNITIES ARE ADJACENT TO RETAIL CENTERS AND BUSINESS DISTRICTS THAT PROVIDE SHOPPING, SOCIAL ACTIVITIES, GOVERNMENT SERVICES, HEALTH CARE SERVICES, DINING, AND ENTERTAINMENT; AND
WHEREAS, CURRENT LAW DOES NOT ALLOW THE USE OF GOLF CARTS TO ACCESS THESE AREAS; AND
WHEREAS, ALLOWING SENIORS LIVING IN THESE GOLFING COMMUNITIES TO USE GOLF CARTS TO ACCESS THESE AREAS WOULD GIVE THESE SENIORS GREATER INDEPENDENCE AND ACCESS TO NEEDED SERVICES, AND WOULD ALLOW SENIORS TO GIVE UP THEIR CARS WITHOUT SACRIFICING QUALITY OF LIFE; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION INCREASING THE AUTHORITY OF LOCAL JURISDICTIONS TO DESIGNATE CERTAIN ROADWAYS FOR COMBINED USE INCLUDING GOLF CARTS TO CONNECT GOLFING COMMUNITIES WITH ADJACENT RETAIL DEVELOPMENTS AND BUSINESS DISTRICTS WHERE IT CAN BE SAFELY ACCOMPLISHED; 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.
ASSEMBLY
SOCIAL & COMMUNITY SERVICES
COMMITTEE
RN1716691 AP 5
INTRODUCED BY SENIOR ASSEMBLY MEMBER SIEGRIST
Legislative Counsel’s Digest
AP 5: SENIOR MENTORING: PUBLIC SCHOOL STUDENTS.
UNDER EXISTING LAW, ANY PERSON, EXCEPT A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER, MAY BE PERMITTED BY THE GOVERNING BOARD OF ANY SCHOOL DISTRICT TO PERFORM SPECIFIED DUTIES OR SERVE AS A NONTEACHING VOLUNTEER AIDE UNDER THE IMMEDIATE SUPERVISION AND DIRECTION OF THE CERTIFICATED PERSONNEL OF THE SCHOOL DISTRICT TO PERFORM NONINSTRUCTIONAL WORK.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE LOCAL EDUCATIONAL AGENCIES TO OPERATE SENIORS AS MENTORS (SAM) PROGRAMS AND RECRUIT SENIORS TO SERVE AS MENTORS TO PUPILS. THIS MEASURE WOULD ALSO MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PROVIDE PUBLIC NOTICE OF THE OPPORTUNITY FOR SENIORS TO PARTICIPATE IN SAM PROGRAMS AND WOULD REQUIRE THE DEPARTMENT TO OFFER TRAINING AND SUPPORT TO LOCAL EDUCATIONAL AGENCY OFFICIALS WHO OPERATE SAM PROGRAMS AND TO SENIORS WHO PARTICIPATE IN SAM PROGRAMS.
VOTE MAJORITY.
AP 5: RELATING TO SENIOR MENTORING
WHEREAS, SENIORS, ESPECIALLY BABY BOOMERS, IN MANY CASES RETIRE AND FIND THEMSELVES IN SEARCH OF POSITIVE ACTIVITIES TO FILL THEIR TIME; AND
WHEREAS, THE TALENTS AND EXPERIENCE OF SENIORS CAN BE OF GREAT VALUE TO SO MANY PEOPLE IN OUR SOCIETY, INCLUDING STUDENTS FROM PREKINDERGARTEN THROUGH HIGH SCHOOL AND STUDENTS IN ADULT SCHOOLS; AND
WHEREAS, FOR A LARGE NUMBER OF STUDENTS, A LONGTIME, ENDEMIC, AND UNRESOLVED ACHIEVEMENT AND ACCESS GAP PERSISTS IN CALIFORNIA’S PUBLIC SCHOOLS; AND
WHEREAS, SENIORS AS MENTORS (SAM) PROGRAMS CAN OFFER A PARTIAL SOLUTION TO THIS ACHIEVEMENT AND ACCESS GAP BECAUSE SENIOR MENTORS CAN HELP STUDENTS WHO FALL BEHIND AND HELP PREVENT THEM FROM FAILING IN SCHOOL OR DROPPING OUT; AND
WHEREAS, SAM PROGRAMS CAN HELP DIMINISH THE RATES OF TRUANCY, ABSENCES, AND DROPOUTS IN THE PUBLIC SCHOOLS, THEREBY IMPROVING RETENTION AND GRADUATION RATES; AND
WHEREAS, SENIORS CAN MENTOR STUDENTS, ON A ONE-TO-ONE BASIS OR IN SMALL GROUPS, IN VARIOUS SUBJECTS, INCLUDING READING, WRITING, MATHEMATICS, SCIENCE, FOREIGN LANGUAGES, AND SOCIAL STUDIES; AND
WHEREAS, SENIOR MENTORS CAN ALSO HELP STUDENTS DEVELOP LIFE SKILLS THAT WILL CONTINUE TO BENEFIT STUDENTS LONG AFTER THEY HAVE LEFT SCHOOL; AND
WHEREAS, SAM PROGRAMS WILL BENEFIT BOTH SENIORS AND STUDENTS BY FACILITATING INTERACTION BETWEEN THEM; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT LOCAL EDUCATIONAL AGENCIES BE AUTHORIZED TO OPERATE SENIORS AS MENTORS (SAM) PROGRAMS AND RECRUIT SENIORS TO SERVE AS MENTORS TO PUPILS; AND BE IT FURTHER
RESOLVED, THAT THE STATE DEPARTMENT OF EDUCATION PROVIDE PUBLIC NOTICE OF THE OPPORTUNITY FOR SENIORS TO PARTICIPATE IN SAM PROGRAMS AND THAT THE DEPARTMENT OFFER TRAINING AND SUPPORT TO LOCAL EDUCATIONAL AGENCY OFFICIALS WHO OPERATE SAM PROGRAMS AND TO SENIORS WHO PARTICIPATE IN SAM PROGRAMS; 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.
RN1716693 AP 6
INTRODUCED BY SENIOR ASSEMBLY MEMBER SIEGRIST
Legislative Counsel’s Digest
AP 6: INCREASING SENIORS’ ACCESS TO DIGITAL TECHNOLOGY HARDWARE.
UNDER EXISTING LAW, THE GOVERNING BOARD OF A SCHOOL DISTRICT IS AUTHORIZED TO PRIVATELY SELL PERSONAL PROPERTY BELONGING TO THE SCHOOL DISTRICT IF THE GOVERNING BOARD DETERMINES THE PROPERTY TO BE VALUED AT LESS THAN $2,500. UNDER EXISTING LAW, THE GOVERNING BOARD OF A SCHOOL DISTRICT IS AUTHORIZED TO DONATE PERSONAL PROPERTY BELONGING TO THE SCHOOL DISTRICT TO A CHARITABLE ORGANIZATION IF THE GOVERNING BOARD UNANIMOUSLY DETERMINES THE VALUE OF THE PROPERTY INSUFFICIENT TO DEFRAY THE COSTS OF ARRANGING TO SELL THE PROPERTY. UNDER EXISTING LAW, A COMMUNITY COLLEGE DISTRICT IS AUTHORIZED TO EXCHANGE FOR VALUE, SELL FOR CASH, OR DONATE ANY PERSONAL PROPERTY BELONGING TO THE COMMUNITY COLLEGE DISTRICT IF SPECIFIED CRITERIA ARE MET. UNDER EXISTING LAW, THE GOVERNING BOARD OF A HIGH SCHOOL DISTRICT OR UNIFIED SCHOOL DISTRICT IS AUTHORIZED TO ESTABLISH ADULT SCHOOLS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE GOVERNING BOARD OF EACH SCHOOL DISTRICT AND COMMUNITY COLLEGE DISTRICT TO DONATE OBSOLETE DIGITAL TECHNOLOGY HARDWARE TO SENIORS ON A FIRST-COME-FIRST-SERVED BASIS IF THE GOVERNING BOARD DETERMINES THAT PROPERTY TO BE “OBSOLETE” PROPERTY, AND WOULD REQUIRE SCHOOL DISTRICTS MAINTAINING LOCAL ADULT SCHOOLS TO PROVIDE HANDS-ON TRAINING TO SENIORS IN USING THE DIGITAL TECHNOLOGY HARDWARE.
VOTE MAJORITY.
AP 6: RELATING TO DIGITAL TECHNOLOGY HARDWARE
WHEREAS, BY THE YEAR 2030, THE PRESENT POPULATION OF CITIZENS OVER 65 YEARS OF AGE IN THE STATE OF CALIFORNIA WILL DOUBLE TO 6.5 MILLION PEOPLE, TOTALING 17 PERCENT OF THE POPULATION; AND
WHEREAS, SENIORS ARE IN NEED OF PRODUCTIVE, LEISURE, AND TIME-FILLING ACTIVITIES; AND
WHEREAS, ACCESS TO DIGITAL TECHNOLOGY HARDWARE, SUCH AS DESKTOP COMPUTERS, LAPTOP COMPUTERS, TABLETS, AND PRINTERS WOULD PROVIDE SENIORS WITH AN OPPORTUNITY TO COMMUNICATE WITH THEIR FAMILY AND FRIENDS, DOWNLOAD BOOKS, AND ACCESS NUMEROUS APPLICATIONS; AND
WHEREAS, MANY SENIORS LIVE ON A FIXED INCOME AND ARE, THEREFORE, FINANCIALLY PRECLUDED FROM PURCHASING SUCH DIGITAL TECHNOLOGY HARDWARE; AND
WHEREAS, THE GOVERNING BOARDS OF SCHOOL DISTRICTS AND COMMUNITY COLLEGE DISTRICTS OFTEN CONSIDER DIGITAL TECHNOLOGY HARDWARE “OBSOLETE” AFTER A FEW YEARS’ USE, AND THEREFORE SELL SUCH PROPERTY TO RECYCLERS FOR $1 OR LESS EACH; AND
WHEREAS, OBSOLETE DIGITAL TECHNOLOGY HARDWARE IS OFTEN IN A USEABLE CONDITION WHEN SOLD TO RECYCLERS, AND SENIORS COULD MAKE PRODUCTIVE USE OF SUCH PROPERTY; AND
WHEREAS, THE GOVERNING BOARD OF A SCHOOL DISTRICT OR COMMUNITY COLLEGE DISTRICT IS AUTHORIZED TO DONATE PERSONAL PROPERTY OF THE SCHOOL DISTRICT OR COMMUNITY COLLEGE DISTRICT, AS APPLICABLE, IF CERTAIN CRITERIA IS MET; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT (1) THE GOVERNING BOARD OF EACH SCHOOL DISTRICT AND COMMUNITY COLLEGE DISTRICT BE REQUIRED TO DONATE DIGITAL TECHNOLOGY HARDWARE TO SENIORS ON A FIRST-COME-FIRST-SERVED BASIS IF THE GOVERNING BOARD DETERMINES THAT PROPERTY TO BE “OBSOLETE” PROPERTY, AND (2) SCHOOL DISTRICTS MAINTAINING ADULT SCHOOLS BE REQUIRED TO PROVIDE HANDS-ON TRAINING TO SENIORS IN USING THE DIGITAL TECHNOLOGY HARDWARE; 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.
RN1716690 AFP 3
INTRODUCED BY SENIOR ASSEMBLY MEMBER TOM
(COAUTHOR: SENIOR ASSEMBLY MEMBER ROLFE)
(COAUTHOR: SENIOR SENATOR MACALLISTER)
Legislative Counsel’s Digest
AFP 3: CALIFORNIA CHINESE RAILROAD WORKERS MEMORIAL DAY.
UNDER EXISTING LAW, THE PRESIDENT OF THE UNITED STATES MAY PROCLAIM ANY DAY AS A FEDERAL HOLIDAY OR A DAY OF REMEMBRANCE.
THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD RECOGNIZE MAY 10 AS A FEDERAL DAY OF REMEMBRANCE TO HONOR THE CHINESE RAILROAD WORKERS WHO LABORED FROM 1865 TO 1869.
VOTE MAJORITY.
AFP : RELATING TO FEDERAL OBSERVANCES.
WHEREAS, THE TRANSCONTINENTAL RAILROAD WAS ONE OF THE MOST REMARKABLE ENGINEERING FEATS OF THE 19TH CENTURY; AND
WHEREAS, THE CONSTRUCTION OF THE TRANSCONTINENTAL RAILROAD TOOK SIX YEARS AND STRETCHED FOR NEARLY 2,000 MILES; AND
WHEREAS, THE COMPLETION OF THE TRANSCONTINENTAL RAILROAD FACILITATED COMMERCE AND REDUCED CROSS-COUNTRY TRAVEL TIMES FROM SIX MONTHS TO A SINGLE WEEK; AND
WHEREAS, THE 150TH ANNIVERSARY OF THE COMPLETION OF THE TRANSCONTINENTAL RAILROAD WILL TAKE PLACE ON MAY 10, 2019; AND
WHEREAS, NEARLY 12,000 CHINESE IMMIGRANTS WERE EMPLOYED IN THE CONSTRUCTION OF THE TRANSCONTINENTAL RAILROAD, COMPRISING MORE THAN 80 PERCENT OF THE WORKFORCE OF THE CENTRAL PACIFIC RAILROAD; AND
WHEREAS, THE CHINESE RAILROAD WORKERS WERE CONSIDERED INDISPENSABLE BY THEIR FOREMEN AND WERE RESPECTED FOR THEIR WORK ETHIC AND DISCIPLINE; AND
WHEREAS, THE CHINESE RAILROAD WORKERS SET A WORLD RECORD BY LAYING 10 MILES OF RAILROAD TRACK IN JUST ONE WORK DAY; AND
WHEREAS, THE CHINESE RAILROAD WORKERS WERE GIVEN THE MOST DIFFICULT, DANGEROUS JOBS AND WERE PAID LOWER WAGES THAN OTHER RAILROAD WORKERS; AND
WHEREAS, NEARLY 1,200 CHINESE RAILROAD WORKERS DIED FROM WORK ACCIDENTS, AVALANCHES, AND EXPLOSIONS WHILE WORKING IN THE SIERRA NEVADA MOUNTAINS; AND
WHEREAS, THE UNITED STATES DEPARTMENT OF LABOR HAS INDUCTED THE CHINESE RAILROAD WORKERS INTO THE HALL OF HONOR FOR THEIR COURAGE IN ORGANIZING IN PURSUIT OF FAIR WAGES AND WORKING CONDITIONS; AND
WHEREAS, THROUGH THEIR FIGHT AGAINST DISCRIMINATION, THE CHINESE RAILROAD WORKERS SET AN EXAMPLE FOR THE MILLIONS OF ASIAN AMERICANS WHO CAME TO THE UNITED STATES AFTER THEM; AND
WHEREAS, BOTH THE DESCENDANTS OF THESE WORKERS AND THE WIDER ASIAN AMERICAN COMMUNITY VIEW THE SACRIFICES OF THE CHINESE RAILROAD WORKERS AS INTEGRAL TO THE CREATION OF THE VIBRANT AND GROWING ASIAN AMERICAN COMMUNITY THAT EXISTS THROUGHOUT THE COUNTRY TODAY; AND
WHEREAS, THE CHINESE RAILROAD WORKERS CONTINUE TO HAVE A PROFOUND, POSITIVE IMPACT ON THE AMERICAN WAY OF LIFE BY ADVANCING THE IDEALS OF EQUAL OPPORTUNITY AND THE DIGNITY OF WORK FOR EVERYONE; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A FEDERAL DAY OF REMEMBRANCE BE DESIGNATED FOR THE CHINESE RAILROAD WORKERS WHO LABORED FROM 1865 TO 1869; AND BE IT FURTHER
RESOLVED, THAT MAY 10, 2018, AND MAY 10 OF EACH YEAR THEREAFTER, BE MEMORIALIZED AND ESTABLISHED AS A DAY IN MEMORY OF THE CHINESE RAILROAD WORKERS WHO LABORED FROM 1865 TO 1869; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT 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 PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.
ASSEMBLY
STATE & LOCAL GOVERNMENT
COMMITTEE
RN1716688 AP 2
INTRODUCED BY SENIOR ASSEMBLY MEMBER WILTSEE
(COAUTHORS: SENIOR ASSEMBLY MEMBERS BRUNNER, DORSEY, AND EPLEY)
(COAUTHORS: SENIOR SENATORS PLASENCIA AND YOUNG)
Legislative Counsel’s Digest
AP 2: LONG-TERM CARE SYSTEM INTEGRATION ACT OF 2018.
EXISTING LAW ESTABLISHES THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY, CONSISTING OF THE CALIFORNIA DEPARTMENT OF AGING, THE DEPARTMENT OF CHILD SUPPORT SERVICES, THE DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT, THE STATE DEPARTMENT OF DEVELOPMENTAL SERVICES, THE STATE DEPARTMENT OF HEALTH CARE SERVICES, THE DEPARTMENT OF MANAGED HEALTH CARE, THE STATE DEPARTMENT OF PUBLIC HEALTH, THE DEPARTMENT OF REHABILITATION, THE STATE DEPARTMENT OF SOCIAL SERVICES, AND THE STATE DEPARTMENT OF STATE HOSPITALS.
EXISTING LAW SETS FORTH LEGISLATIVE FINDINGS AND DECLARATIONS REGARDING LONG-TERM CARE SERVICES, INCLUDING THAT CONSUMERS OF THOSE SERVICES EXPERIENCE GREAT DIFFERENCES IN SERVICE LEVELS, ELIGIBILITY CRITERIA, AND SERVICE AVAILABILITY THAT OFTEN RESULT IN INAPPROPRIATE AND EXPENSIVE CARE THAT IS NOT RESPONSIVE TO INDIVIDUAL NEEDS. THOSE FINDINGS AND DECLARATIONS ALSO STATE THAT THE LAWS GOVERNING LONG-TERM CARE FACILITIES HAVE ESTABLISHED AN UNCOORDINATED ARRAY OF LONG-TERM CARE SERVICES THAT ARE FUNDED AND ADMINISTERED BY A STATE STRUCTURE THAT LACKS NECESSARY INTEGRATION AND FOCUS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD CREATE THE OFFICE OF POLICY AND PROGRAM INTEGRATION (OPPI) WITHIN THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY (HHSA), AUTHORIZE THE OPPI TO, AMONG OTHER THINGS, ESTABLISH PROCEDURES WITHIN, BETWEEN, AND AMONG HHSA DEPARTMENTS TO ENABLE PROGRAM CONSUMERS TO GAIN ACCESS TO MULTIPLE PROGRAMS IN A COORDINATED EFFORT AND TO REINVENT AND REDEFINE THE DEFUNCT CALCARENET INFORMATION SYSTEM AS A CONSUMER-FRIENDLY, INTERACTIVE INTERNET WEB SITE FOR LONG-TERM CARE SERVICES, AND REQUIRE THE OPPI TO SUBMIT A BIENNIAL PROGRESS REPORT, AS SPECIFIED, TO THE LEGISLATURE NO LATER THAN FEBRUARY 1 OF EACH ODD-NUMBERED YEAR.
VOTE MAJORITY.
AP 2: RELATING TO LONG-TERM CARE SYSTEM IMPROVEMENT
WHEREAS, THE MOST CRITICAL ISSUE FACING CALIFORNIA’S LONG-TERM CARE SYSTEM IS THE FRAGMENTATION OF PROGRAMS AT THE STATE, REGIONAL, AND LOCAL LEVELS, CREATING MAJOR SYSTEM ISSUES, INCLUDING: (1) CONSUMERS STRUGGLING TO IDENTIFY AND ACCESS NECESSARY HOME- AND COMMUNITY-BASED SERVICES, RESULTING IN A LIKELIHOOD OF HOSPITALIZATION AND INSTITUTIONAL PLACEMENTS, (2) THE STATE ADMINISTRATIVE STRUCTURE LACKING COORDINATED OVERSIGHT AND ACCOUNTABILITY ACROSS PROGRAMS, AND (3) PROGRAMS LACKING CONSISTENT AND MEANINGFUL DATA TO INFORM POLICY DIRECTION AND IDENTIFY ISSUES AND TRENDS; AND
WHEREAS, CALIFORNIA’S EXISTING LONG-TERM SERVICES AND SUPPORTS (LTSS) SYSTEM WAS CREATED ONE PROGRAM AT A TIME, RESULTING IN A HIGHLY FRAGMENTED ARRANGEMENT OF SERVICES THAT FOCUSES LITTLE ON THE INDIVIDUAL’S HOLISTIC NEEDS, BUT INSTEAD FOCUSES ON THE PARTICULARS OF WHAT EACH DEPARTMENT OR PROGRAM PROVIDES AND THE SOURCE OF FUNDING FOR THAT DEPARTMENT OR PROGRAM. IN THIS TIME OF SUBSTANTIAL FISCAL CHALLENGE AND CONSTRAINT IN CALIFORNIA, NOW IS THE OPPORTUNITY TO BREAK DOWN THESE SILOS SO THAT WE HAVE A MORE EFFICIENT, EFFECTIVE, AND PERSON-CENTERED NETWORK OF CARE; AND
WHEREAS, CALIFORNIA HAS DELAYED DEVELOPING A STRATEGY TO MANAGE ITS LONG-TERM CARE PROGRAMS AS A COHESIVE SYSTEM FOR DECADES. FROM THE CLIENT’S PERSPECTIVE, THE COLLECTION OF PROGRAMS APPEARS AS A CONFUSING MAZE, AND NOT A COORDINATED, INTEGRATED SYSTEM. CALIFORNIA HAS NO SHORTAGE OF GOOD IDEAS, LONG-TERM CARE PROGRAMS, EXAMPLES OF INNOVATIVE LOCAL APPROACHES, OR DEDICATED CAREGIVERS. WHAT IS LACKING AT THE STATE LEVEL ARE VISION, STRATEGY, AND LEADERSHIP; AND
WHEREAS, EACH YEAR THE DEMANDS ON THE SYSTEM GROW, BUT THE SYSTEM IS NOT DESIGNED TO BE MORE EFFICIENT OR EFFECTIVE. MANY PROGRAMS ARE ESSENTIAL FOR A HEALTHY AND PROSPEROUS SOCIETY. IN FACT, THE BUREAUCRACY THAT HAS EVOLVED TO ADMINISTER THESE PROGRAMS IS A TESTIMONY TO THEIR IMPORTANCE AND THE NEED FOR REFORM. REFORMS ARE ESSENTIAL IN THESE AREAS: GOAL-ORIENTED LEADERSHIP, STATE REORGANIZATION, STRONG STATE-LOCAL PARTNERSHIP, EFFECTIVE FUNDING, AND MEANINGFUL ACCOUNTABILITY; AND
WHEREAS, AGING BABY BOOMERS WILL DOMINATE THE POLITICAL LANDSCAPE IN THE COMING YEARS AND WILL DEMAND THAT THE RIGHT SERVICES BE PROVIDED AT THE RIGHT TIME IN THE MOST APPROPRIATE SETTING. RELIANCE UPON COORDINATION TO ACHIEVE THESE CHANGES WILL NOT BE SUFFICIENT. STRUCTURAL CHANGE NEEDS TO OCCUR AT THE STATE LEVEL AND POLITICAL CHANGE NEEDS TO OCCUR AT THE LEGISLATIVE LEVEL. THE COST OF ADMINISTRATION OF LONG-TERM CARE PROGRAMS WILL SOAR UNLESS POLICYMAKERS CAN ELIMINATE THE CURRENT DUPLICATIVE SILOS THAT INCREASE ADMINISTRATIVE COSTS, AND CAN INCREASE CONSUMER AND PROVIDER SATISFACTION WITH THE BUREAUCRACY. WITH A SINGLE ADMINISTRATIVE ENTITY AT THE STATE LEVEL, THE INTEGRATION OF SERVICES AT THE LOCAL LEVEL WILL BE VASTLY ENHANCED. THE MAIN FUNCTION OF THE STATE ADMINISTRATION WOULD THUS BECOME PROCUREMENT OF INTEGRATED SERVICE DELIVERY SYSTEMS AT THE LOCAL LEVEL; AND
WHEREAS, THERE IS LITTLE MYSTERY ABOUT WHAT AN EFFECTIVE CONSUMER-PREFERRED, LONG-TERM CARE SYSTEM WOULD LOOK LIKE. FOR YEARS, IF NOT DECADES, ADVOCATES HAVE DESCRIBED A CONTINUUM OF CARE THAT WOULD PROVIDE FREEDOM OF CHOICE. THE CALIFORNIA STATE PLAN ON AGING IS A FEDERALLY REQUIRED DOCUMENT THAT LAYS OUT THE STATE’S POLICIES AND PRIORITIES FOR SERVING ELDERLY CITIZENS. THE 1993–1997 VERSION EMPHASIZES AN INTEGRATED APPROACH TO LONG-TERM CARE, INCLUDING THE FOLLOWING AS NECESSARY ELEMENTS: INFORMATION AND ASSISTANCE, INTEGRATED INTAKE, UNIFORM ASSESSMENT, CASE MANAGEMENT WORKABLE REFERRAL PROCESS, AND CLIENT PROGRAM REVIEW; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE OFFICE OF POLICY AND PROGRAM INTEGRATION (OPPI) SHALL BE CREATED WITHIN THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY (HHSA), TO BE DIRECTED BY A GOVERNOR’S APPOINTEE
ANSWERABLE TO THE SECRETARY OF CALIFORNIA HEALTH AND HUMAN SERVICES, AND SHALL BE AUTHORIZED TO DO ALL OF THE FOLLOWING: (1) ESTABLISH PROCEDURES WITHIN, BETWEEN, AND AMONG HHSA DEPARTMENTS TO ENABLE PROGRAM CONSUMERS TO GAIN ACCESS TO MULTIPLE PROGRAMS IN A COORDINATED EFFORT TO BE CALLED ONE-STOP SHOPPING, (2) REINVENT AND REDEFINE THE DEFUNCT CALCARENET INFORMATION SYSTEM AS A CONSUMER-FRIENDLY, INTERACTIVE INTERNET WEB SITE FOR LONG-TERM CARE SERVICES, (3) IDENTIFY OPPORTUNITIES FOR INNOVATION AND FOR INTEGRATED FUNDING OPPORTUNITIES IN WHICH EFFICIENCIES AND IMPROVED EFFECTIVENESS MIGHT BE ACHIEVED, (4) SERVE AS THE HHSA REPRESENTATIVE TO THE FEDERAL ADMINISTRATION FOR COMMUNITY LIVING FOR ALL PURPOSES RELATED TO LONG-TERM CARE PLANNING, PROGRAMMING, AND FUNDING, AND (5) CREATE AND CONTINUE, IN CONJUNCTION WITH THE AREA AGENCIES ON AGING, TO SUPPORT AGING AND DISABILITY RESOURCE CONNECTIONS (ADRCS) ENSURING THAT EVERY CALIFORNIAN RESIDES WITHIN THE JURISDICTION OF AN ADRC; AND BE IT FURTHER
RESOLVED, THAT, COMMENCING FEBRUARY 1, 2021, THE OPPI SHALL SUBMIT A BIENNIAL PROGRESS REPORT TO THE LEGISLATURE NO LATER THAN FEBRUARY 1 OF EACH ODD–NUMBERED YEAR. THE INITIAL BIENNIAL PROGRESS REPORT SHALL MAKE RECOMMENDATIONS FOR ADRCS AND AREA AGENCIES ON AGING REGARDING STAFFING, FUNDING, OUTREACH, AND CLIENT PROTECTIONS. EVERY BIENNIAL PROGRESS REPORT SHALL ADDRESS ADDITIONAL LEGISLATIVE NEEDS AND PROGRAM INTEGRATION PRIORITIES; AND BE IT FURTHER
RESOLVED, THAT THE OPPI DIRECTOR SHALL ESTABLISH AND MAINTAIN CONTINUING RELATIONSHIPS WITH KEY LONG-TERM CARE STAKEHOLDERS, THE LEGISLATURE, LOCAL OFFICIALS, APPROPRIATE FEDERAL AGENCIES, AND OTHER STATES, SHALL ESTABLISH APPROPRIATE INTRA-AGENCY AND INTERAGENCY AD HOC COMMITTEES FOR ACCOMPLISHING THE MISSION OF OPPI, AND SHALL REQUIRE THE DEPARTMENT TO SEEK AND UTILIZE TECHNICAL ADVICE AND ASSISTANCE THROUGHOUT FROM THE SCAN FOUNDATION AND THE AARP PUBLIC POLICY INSTITUTE; AND BE IT FURTHER
RESOLVED, THAT THE AREA AGENCIES ON AGING SHALL BE THE LINKS BETWEEN THE OPPI AND THE LOCAL LONG-TERM CARE ORGANIZATIONS, SPECIFICALLY THE ADRCS. THE AREA AGENCIES ON AGING SHALL SERVE IN A DUAL CAPACITY, BOTH AS ADMINISTRATORS OF PROGRAMS UNDER THE FEDERAL OLDER AMERICANS ACT AND AS LONG-TERM CARE INFORMATION AND TECHNICAL ASSISTANCE LIAISONS BETWEEN OPPI AND THE ADRCS AND OTHER LOCAL ENTITIES; AND BE IT FURTHER
RESOLVED, THAT ADRCS MAY PROVIDE ONE-STOP SHOPPING FOR OLDER ADULTS AND DISABLED RESIDENTS AND OFFER SPECIFIED SERVICES TO RESIDENTS, INCLUDING OPTIONS COUNSELING, CARE TRANSITIONS, OUTREACH AND TECHNICAL ASSISTANCE TO PRIVATE AND NONPROFIT SERVICE PROVIDERS, CASE MANAGEMENT, A UNIFORM ASSESSMENT TOOL FOR DETERMINING PROGRAM ELIGIBILITY, AND NEEDS ASSESSMENTS. ADRCS SHALL BE DESIGNATED AS LONG-TERM CARE LOCAL PARTNERS WITH THEIR RESPECTIVE AREA AGENCIES ON AGING; AND BE IT FURTHER
RESOLVED, THAT CALCARENET SHALL CONTAIN CORE INFORMATION ABOUT LONG-TERM CARE SERVICES INVOLVING STATE GOVERNMENT, PLUS A FULL RANGE OF LOCAL SERVICES AND SUPPORTS SPECIFIC TO INDIVIDUAL COUNTIES, CITIES, AND LOCAL COMMUNITIES. AREA AGENCIES ON AGING AND ADRCS SHALL BE RESPONSIBLE FOR KEEPING THE LOCAL COMPONENT OF CALCARENET UP TO DATE AND ACCURATE. THE OPPI SHALL USE THE STATE OF MINNESOTA’S LIVE WELL AT HOME INTERACTIVE INTERNET WEB SITE AS A MODEL FOR CALCARENET; 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.
RN1716700 AP 11
INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN
(COAUTHORS: SENIOR SENATORS BORTEL AND MUKOYAMA)
Legislative Counsel’s Digest
AP 11: CREATE GERIATRIC BEHAVIORAL HEALTH STATE LEVEL POSITION.
UNDER EXISTING LAW, IN THE CALIFORNIA DEPARTMENT OF AGING, THERE IS A SENIOR WELLNESS PROGRAM THAT FOCUSES ON EDUCATING CAREGIVERS AND HEALTH CARE PROFESSIONALS ABOUT THE IMPORTANCE OF SENIORS’ MENTAL WELL-BEING AND PROMOTES TRAINING FOR PROFESSIONALS AND CAREGIVERS WHO WORK DIRECTLY WITH SENIORS IN ORDER TO MAXIMIZE WELLNESS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ESTABLISH A GERIATRIC BEHAVIORAL HEALTH POSITION WITHIN THE MENTAL HEALTH SERVICES DIVISION OF THE STATE DEPARTMENT OF HEALTH CARE SERVICES TO PROVIDE SENIOR LEVEL BEHAVIORAL HEALTH LEADERSHIP AND EXPERT SUPPORT AS SPECIFIED.
VOTE MAJORITY.
AP 11: RELATING TO GERIATRIC BEHAVIORAL HEALTH
WHEREAS, AGING ADULTS WITH MENTAL HEALTH ISSUES LACK SPECIFIC ATTENTION TO THEIR BEHAVIORAL HEALTH NEEDS, THEREBY INCREASING THE COST TO THE STATE FOR THESE TYPES OF TREATMENT; AND
WHEREAS, IN THE UNITED STATES, ESTIMATES FROM 2013 PLACE THE TOTAL ECONOMIC COST OF UNTREATED BEHAVIORAL HEALTH ISSUES BETWEEN $150,000,000,000 AND $200,000,000,000 PER YEAR; AND
WHEREAS, THE CALIFORNIA HEALTH CARE WORKFORCE IS TOO SMALL AND UNPREPARED TO MEET THE BEHAVIORAL HEALTH NEEDS OF OLDER ADULTS AND OLDER DISABLED PERSONS; AND
WHEREAS, THE CURRENT WORKFORCE THAT PROVIDES CARE TO OLDER ADULTS VARIES FROM PERSONS WITH NO EDUCATION IN GERIATRICS OR GERONTOLOGY TO PROFESSIONALS WHO HAVE THE MOST ADVANCED SPECIALIZED PSYCHIATRIC TRAINING; AND
WHEREAS, CALIFORNIA LACKS A SENIOR LEVEL PUBLIC OFFICIAL WITH EXPERTISE IN AGING OR BEHAVIORAL HEALTH CARE WHO CAN PROVIDE LEADERSHIP, OVERSIGHT, AND COORDINATION TO EFFECTIVELY SUPPORT THE SUCCESSFUL IMPLEMENTATION OF NATIONAL, STATE, AND LOCAL AGING AND MENTAL HEALTH INITIATIVES; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A GERIATRIC BEHAVIORAL HEALTH POSITION BE ESTABLISHED WITHIN THE MENTAL HEALTH SERVICES DIVISION OF THE STATE DEPARTMENT OF HEALTH CARE SERVICES TO PROVIDE SENIOR LEVEL BEHAVIORAL HEALTH LEADERSHIP AND EXPERT SUPPORT; AND BE IT FURTHER
RESOLVED, THAT THE LEGISLATURE AND THE CALIFORNIA MENTAL HEALTH PLANNING COUNCIL BE ENCOURAGED TO APPROVE THE BUDGET ALLOCATED TO IMPLEMENT THE MENTAL HEALTH SERVICES ACT’S FIVE-YEAR EDUCATION AND TRAINING DEVELOPMENT PLAN; 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.
RN1716701 AP 12
INTRODUCED BY SENIOR ASSEMBLY MEMBER HAIRSTON
Legislative Counsel’s Digest
AP 12: ALZHEIMER’S DAY CARE RESOURCE CENTERS.
EXISTING LAW ESTABLISHES THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, WHICH IS ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF AGING. EXISTING LAW REQUIRES THE DEPARTMENT TO ADOPT POLICIES AND GUIDELINES TO CARRY OUT THE PURPOSES OF THE ALZHEIMER’S DAY CARE-RESOURCE CENTER PROGRAM, WHEREBY DIRECT SERVICES CONTRACTORS RECEIVE FUNDING TO PROVIDE SERVICES TO MEET THE SPECIAL CARE NEEDS OF, AND ADDRESS THE BEHAVIORAL PROBLEMS OF, INDIVIDUALS WITH ALZHEIMER’S DISEASE OR A DISEASE OF A RELATED TYPE.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD RESTORE ANNUAL FUNDING FOR ALZHEIMER’S DAY CARE RESOURCE CENTERS.
VOTE MAJORITY.
AP 12: RELATING TO ALZHEIMER’S DAY CARE RESOURCE CENTERS
WHEREAS, IN 2016, CALIFORNIA HAD 610,000 INDIVIDUALS WITH ALZHEIMER’S DISEASE, AND CALIFORNIA IS PROJECTED TO HAVE 840,000 INDIVIDUALS WITH ALZHEIMER’S DISEASE BY 2025. THAT IS AN INCREASE OF 37.7 PERCENT FROM 2016 TO 2025; AND
WHEREAS, FRIENDS AND FAMILY SPEND, ON AVERAGE, MORE THAN $5,000 A YEAR OF THEIR OWN MONEY ON THE EXPENSES OF THEIR LOVED ONE WITH DEMENTIA, RANGING FROM FOOD TO ADULT DIAPERS. MORE THAN ONE-THIRD OF THESE CONTRIBUTORS OF CARE WHO HAD JOBS HAD TO REDUCE THEIR WORK HOURS OR QUIT THEIR JOB; AND
WHEREAS, THOSE FAMILIES WHO ARE UNABLE TO CARE FOR THEIR LOVED ONES WHO HAVE ALZHEIMER’S DISEASE WILL BE FORCED TO PLACE THEM IN A NURSING HOME WHERE MEDI-CAL WILL LIKELY BE THE MAIN FUNDING SOURCE AND THE RESULT WILL BE AN INCREASE IN CALIFORNIA’S HEALTH CARE COSTS; AND
WHEREAS, EXISTING LAW ESTABLISHES THE ALZHEIMER’S DAY CARE-RESOURCE CENTER PROGRAM, THE PURPOSE OF WHICH IS TO PROVIDE ACCESS TO SPECIALIZED DAY CARE RESOURCE CENTERS FOR INDIVIDUALS WITH ALZHEIMER’S DISEASE AND OTHER DEMENTIA-RELATED DISORDERS AND TO SUPPORT TO THEIR FAMILIES AND CAREGIVERS; AND
WHEREAS, THE CALIFORNIA DEPARTMENT OF AGING IS REQUIRED TO ADOPT POLICIES AND GUIDELINES TO PROVIDE FUNDS FOR THE PROGRAM TO DIRECT SERVICES CONTRACT APPLICANTS TO PROVIDE SERVICES TO MEET THE SPECIAL CARE NEEDS OF, AND ADDRESS THE BEHAVIORAL PROBLEMS OF, INDIVIDUALS WITH ALZHEIMER’S DISEASE OR A DISEASE OF A RELATED TYPE; AND
WHEREAS, THE STATE CEASED FUNDING FOR ALZHEIMER’S DAY CARE RESOURCE CENTERS IN 2009; AND; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION THAT WOULD RESTORE ANNUAL FUNDING FOR ALZHEIMER’S DAY CARE RESOURCE CENTERS; 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.
171670506 AP 14
INTRODUCED BY SENIOR ASSEMBLY MEMBER CAVE
(PRINCIPAL COAUTHOR: SENIOR SENATOR HOWK)
Legislative Counsel’s Digest
AP 14: UNIT PRICING.
UNDER EXISTING LAW, THE FAIR PACKAGING AND LABELING ACT IS INTENDED, AMONG OTHER THINGS, TO ENABLE CONSUMERS TO OBTAIN ACCURATE INFORMATION AS TO THE QUANTITY OF THE CONTENTS OF PRODUCTS AND TO FACILITATE VALUE COMPARISONS BETWEEN PRODUCTS.
EXISTING LAW STATES LEGISLATIVE FINDINGS THAT SPECIFIC TYPES OF PRICING, INCLUDING UNIT PRICING, EFFECTIVELY INFORM THE CONSUMER OF THE COMPARATIVE PRICES AND VALUES OF COMMODITIES. EXISTING LAW REQUIRES THE DEPARTMENT OF FOOD AND AGRICULTURE TO ADOPT A STANDARDIZED FORMAT FOR UNIT PRICING AVAILABLE TO A RETAILER UPON REQUEST. THIS FORMAT IS REQUIRED TO INCLUDE, AMONG OTHER THINGS, THE VOLUME, WEIGHT, OR NUMBER OF UNITS, AND THE PRICE PER UNIT.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE DEPARTMENT OF FOOD AND AGRICULTURE TO CREATE STANDARDIZED FORMATS FOR PRODUCT UNIT PRICING AVAILABLE TO THE CONSUMER.
VOTE MAJORITY.
AP 14: RELATING TO UNIT PRICING
WHEREAS, UNIT PRICING IS THE IDENTIFICATION AND LABELING OF ITEMS FOR SALE WITH STANDARDIZATION IN THE RETAIL PRICE PER UNIT AND SIZE OF THE FONT DISPLAYING THAT PRICE; AND
WHEREAS, NINE STATES—CONNECTICUT, MARYLAND, MASSACHUSETTS, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, OREGON, RHODE ISLAND, AND VERMONT— AND THE DISTRICT OF COLUMBIA HAVE STATE LAWS OR REGULATIONS MANDATING STANDARDIZED FORMATS FOR UNIT PRICING DISPLAYED TO THE CONSUMER; AND
WHEREAS, CALIFORNIA DOES NOT REQUIRE STANDARDIZED FORMATS FOR UNIT PRICING DISPLAYED TO THE CONSUMER; AND
WHEREAS, THE CALIFORNIA LEGISLATURE DECLARED IN SECTION 12655 OF THE BUSINESS AND PROFESSIONS CODE THAT UNIT PRICING “EFFECTIVELY INFORMS THE CONSUMER OF THE COMPARATIVE PRICES AND VALUES OF COMMODITIES, AND IS THUS USEFUL FOR THE FORMULATION OF INTELLIGENT CONSUMER CHOICES”; AND
WHEREAS, THE LEGISLATURE REQUIRED THE DEPARTMENT OF FOOD AND AGRICULTURE TO ADOPT A STANDARDIZED FORMAT FOR UNIT PRICING THAT SHALL BE AVAILABLE TO A RETAILER UPON REQUEST; AND
WHEREAS, THE LEGISLATURE HAS NOT REQUIRED THE DEPARTMENT OF FOOD AND AGRICULTURE TO ADOPT STANDARDIZED UNIT PRICING FORMATS FOR ALL PRODUCTS NOR REQUIRED RETAILERS TO DISPLAY CONSISTENT STANDARDIZED UNIT PRICING TO THE CONSUMER; AND
WHEREAS, STANDARDIZED PRODUCT UNIT PRICING ALLOWS CONSUMERS TO COMPARE PRICES WHEN PURCHASING PRODUCTS AND IS CONSIDERED ONE OF THE BEST TOOLS A CONSUMER CAN HAVE DURING THEIR SHOPPING EXPERIENCE BY THE FEDERAL DEPARTMENT OF COMMERCE’S NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST); AND
WHEREAS, NIST PUBLISHED A REPORT, “A BEST PRACTICE APPROACH TO UNIT PRICING,” RECOMMENDING A UNIFORM LAYOUT, DESIGN, AND PRESENTATION FOR UNIT PRICING AND ENCOURAGES STATES TO ADOPT LAWS AND REGULATIONS CREATING STANDARDIZED FORMATS FOR PRODUCT UNIT PRICING; AND
WHEREAS, DAVID SEFCIK, AUTHOR OF THAT REPORT, BELIEVES THAT “CALIFORNIA WOULD SET THE STANDARD FOR THE NATION BY ADOPTING THE UNIT PRICING REQUIREMENTS AND BEST PRACTICE PRINCIPLES AS OUTLINED” BY NIST; AND
WHEREAS, THE LACK OF STANDARDIZATION IN PRODUCT UNIT PRICING ESPECIALLY AFFECTS SENIORS AND SHOPPERS WITH VISION DEFICITS WHO CANNOT COMPARE THE INCONSISTENT FONTS AND SIZES OF DISPLAYED UNIT PRICES; AND
WHEREAS, SURVEYS HAVE SHOWN THAT OVER 78 PERCENT OF CONSUMERS USE UNIT PRICING WHEN IT IS AVAILABLE; AND
WHEREAS, UNIT PRICING IS ONE OF THE BEST TOOLS AVAILABLE TO CONSUMERS TO FACILITATE VALUE AND PRICE COMPARISON. THIS IS ESPECIALLY IMPORTANT AND HELPFUL IN TODAY’S ECONOMY AND IN AN ENVIRONMENT WHERE “DOWNSIZING” OF PACKAGES IS PREVALENT. PACKAGE DOWNSIZING IS A PRACTICE WHERE THE PACKAGE CONTENT IS REDUCED WITHOUT CHANGING THE PACKAGE OR THE PRICE OF THE PRODUCT. THIS METHOD IS VERY DECEIVING TO THE SENIOR WHO IS ACCUSTOMED TO HAVING EVERYTHING BE CLEAR AND IN THE OPEN WHEN A PRICE IS DETERMINED; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE DIRECT THE DEPARTMENT OF FOOD AND AGRICULTURE TO ADOPT REGULATIONS CREATING A STANDARDIZED FORMAT FOR UNIT PRICING AS DISPLAYED TO THE CONSUMER FOR ALL RETAIL PRODUCTS; AND BE IT FURTHER
RESOLVED, THAT THE SECRETARY OF FOOD AND AGRICULTURE BE REQUIRED TO ADOPT THE UNIT PRICING RECOMMENDATIONS BY NIST IN “A BEST PRACTICE APPROACH TO UNIT PRICING,” EXCEPT INSOFAR AS THOSE RECOMMENDATIONS ARE SPECIFICALLY MODIFIED, AMENDED, OR REJECTED BY REGULATION BY THE SECRETARY; 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.
RN1716719 AP 16
INTRODUCED BY SENIOR ASSEMBLY MEMBER BLOCH
Legislative Counsel’s Digest
AP 16: PUBLIC RESTROOM ACCESSIBILITY.
EXISTING FEDERAL LAW, THE AMERICANS WITH DISABILITIES ACT OF 1990, GENERALLY REQUIRES RESTROOMS TO BE CONFIGURED IN A MANNER THAT ALLOWS ACCESS FOR DISABLED PEOPLE. REGULATIONS PROMULGATED UNDER THE ACT REQUIRE, AMONG OTHER THINGS, THE INSTALLATION OF GRAB BARS AND TOILETS THAT ARE 17 TO 19 INCHES HIGH IN DISABLED-ACCESSIBLE TOILET STALLS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE BY JANUARY 1, 2021, ALL PUBLICLY ACCESSIBLE RESTROOMS TO INSTALL SIDE WALL HAND RAILS IN ALL TOILET STALLS, AND THAT WOULD IMMEDIATELY REQUIRE RENOVATIONS AND NEW CONSTRUCTION OF PUBLICLY ACCESSIBLE RESTROOMS WITH MORE THAN ONE TOILET STALL TO INCORPORATE AT LEAST ONE TOILET OF THE MAXIMUM HEIGHT ALLOWED UNDER FEDERAL LAW.
VOTE MAJORITY.
AP 16: RELATING TO PUBLIC RESTROOMS: GRAB BARS: TOILET HEIGHT
WHEREAS, THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990 SPECIFIES THAT PUBLICLY ACCESSIBLE RESTROOMS EQUIPPED WITH TOILET STALLS MUST HAVE AT LEAST ONE DISABLED-ACCESSIBLE TOILET STALL; AND
WHEREAS, FEDERAL REGULATIONS REQUIRE DISABLED-ACCESSIBLE TOILETS TO BE BETWEEN 17 AND 19 INCHES HIGH; AND
WHEREAS, FEDERAL REGULATIONS REQUIRE THAT GRAB BARS BE INSTALLED IN DISABLED-ACCESSIBLE TOILET STALLS; AND
WHEREAS, CALIFORNIA HAS THE LARGEST POPULATION OVER 60 YEARS OF AGE IN THE NATION; AND
WHEREAS, MANY ELDERLY CALIFORNIANS ARE NOT CONSIDERED DISABLED BUT MAY HAVE KNEE, BACK, AND BALANCE ISSUES; AND
WHEREAS, PUBLIC TOILETS ARE OFTEN TOO LOW FOR SAFE AND COMFORTABLE USE BY THE ELDERLY; AND
WHEREAS, THE NUMBER OF EXISTING DISABLED-ACCESSIBLE TOILET STALLS IS INSUFFICIENT TO MEET THE NEEDS OF CALIFORNIA’S ELDERLY POPULATION; AND
WHEREAS, SIDE WALL GRAB BARS THAT ARE EITHER STATIONARY OR ON A SWIVEL MECHANISM ARE A SIMPLE AND EFFECTIVE WAY TO ENABLE THE ELDERLY TO ACCESS ALL PUBLICLY ACCESSIBLE TOILET STALLS; AND
WHEREAS, RENOVATION OR NEW CONSTRUCTION OF PUBLICLY ACCESSIBLE RESTROOMS CAN EASILY INCORPORATE TOILETS OF THE MAXIMUM HEIGHT ALLOWED UNDER FEDERAL LAW; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ALL PUBLICLY ACCESSIBLE RESTROOMS HAVE SIDE WALL GRAB BARS, EITHER STATIONARY OR ON A SWIVEL MECHANISM, INSTALLED IN EVERY TOILET STALL, UNLESS IT WOULD BE TECHNICALLY UNFEASIBLE TO DO SO, BY JANUARY 1, 2021. ADDITIONALLY, IT IS FURTHER PROPOSED THAT, EFFECTIVE IMMEDIATELY, RENOVATIONS AND NEW CONSTRUCTION OF PUBLICLY ACCESSIBLE RESTROOMS WITH MORE THAN ONE TOILET STALL BE REQUIRED TO INCLUDE AT LEAST ONE TOILET OF THE MAXIMUM HEIGHT ALLOWED UNDER THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990 IN ADDITION TO THE DISABLED-ACCESSIBLE TOILET STALLS, AS SPECIFIED, ALREADY REQUIRED; 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.
RN1716720 AP 17
INTRODUCED BY SENIOR ASSEMBLY MEMBER BLOCH
Legislative Counsel’s Digest
AP 17: SENIOR FACILITIES STUDY.
UNDER EXISTING LAW, THE STATE DEPARTMENT OF PUBLIC HEALTH LICENSES AND REGULATES HEALTH FACILITIES, INCLUDING SKILLED NURSING FACILITIES. EXISTING LAW, THE CALIFORNIA RESIDENTIAL CARE FACILITIES FOR THE ELDERLY ACT, PROVIDES FOR THE LICENSURE AND REGULATION OF RESIDENTIAL CARE FACILITIES FOR THE ELDERLY BY THE STATE DEPARTMENT OF SOCIAL SERVICES.
EXISTING LAW, THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, ESTABLISHES THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN IN THE CALIFORNIA DEPARTMENT OF AGING. EXISTING LAW PROVIDES FOR THE LONG-TERM CARE OMBUDSMAN PROGRAM UNDER WHICH FUNDS ARE ALLOCATED TO LOCAL OMBUDSMAN PROGRAMS TO ASSIST ELDERLY PERSONS IN LONG-TERM CARE FACILITIES BY, AMONG OTHER THINGS, INVESTIGATING AND SEEKING TO RESOLVE COMPLAINTS AGAINST THESE FACILITIES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE A STUDY OF CARE AND STAFFING ISSUES RELATED TO SENIOR FACILITIES, INCLUDING, BUT NOT LIMITED TO, BOARDING HOME LICENSING, FACILITY AUDITS THROUGH THE LONG-TERM CARE OMBUDSMAN PROGRAM, AND LANGUAGE PROFICIENCY REQUIREMENTS FOR FACILITY STAFF.
VOTE MAJORITY.
AP 17: RELATING TO HEALTH FACILITIES
WHEREAS, THE STATE OF CALIFORNIA HAS MORE THAN 1,200 SKILLED NURSING FACILITIES AND MORE THAN 8,100 RESIDENTIAL CARE FACILITIES FOR THE ELDERLY, ALSO KNOWN AS ASSISTED LIVING FACILITIES OR BOARD AND CARE HOMES; AND
WHEREAS, IN 2014, 6.8 PERCENT OF CALIFORNIA’S POPULATION LIVED IN A LONG-TERM CARE FACILITY, WHICH INCLUDES, BUT IS NOT LIMITED TO, SKILLED NURSING FACILITIES; AND
WHEREAS, HEALTH DEFICIENCIES IN FACILITIES PUT THE LIVES OF ELDERLY RESIDENTS AT RISK. THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY REPORTED THAT, IN 2014, ONLY 2.2 PERCENT OF CALIFORNIA LONG-TERM CARE FACILITIES DID NOT HAVE A HEALTH DEFICIENCY; AND
WHEREAS, WHEN POSSIBLE, SKILLED NURSING FACILITIES AND FACILITIES FOR THE ELDERLY SHOULD STRIVE TO IMPROVE RESIDENTS’ LIVES SO THAT THEY MAY RETURN TO THEIR HOMES; AND
WHEREAS, CALIFORNIA LICENSES AND REGULATES SKILLED NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES FOR THE ELDERLY, BUT DOES NOT LICENSE FACILITIES THAT DO NOT PROVIDE 24-HOUR SUPERVISION, LIKE BOARDING HOMES; AND
WHEREAS, THE STATE SHOULD STUDY THE EFFICACY OF LICENSING AND REGULATING ALL FACILITIES THAT HOUSE THE ELDERLY TO ENSURE RESIDENTS’ WELL-BEING AND FACILITATE RESIDENTS’ ABILITY TO RETURN HOME WHEN POSSIBLE; AND
WHEREAS, IN THE 2011–12 FISCAL YEAR, THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN (STATE OMBUDSMAN) RECEIVED AND INVESTIGATED 40,146 COMPLAINTS, OF WHICH 5,966 INVOLVED ABUSE OR NEGLECT; AND
WHEREAS, IN MANY CASES, RESIDENTS OF FACILITIES DO NOT HAVE FAMILY OR FRIENDS AND ARE DEPENDENT ON THE STATE OMBUDSMAN TO ACT AS AN ADVOCATE AND PROVIDE PROTECTIONS AGAINST ABUSE AND NEGLECT; AND
WHEREAS, WHILE THE STATE OMBUDSMAN IS MANDATED TO PROVIDE UNANNOUNCED FREQUENT VISITS TO FACILITIES, ONLY 56 PERCENT OF SKILLED NURSING FACILITIES AND 19 PERCENT OF RESIDENTIAL CARE FACILITIES FOR THE ELDERLY RECEIVE A VISIT FROM AN OMBUDSMAN THAT IS NOT IN RESPONSE TO A COMPLAINT; AND
WHEREAS, THE INCREASED PRESENCE OF AN OMBUDSMAN INCREASES THE REPORTING OF ABUSE AND NEGLECT, BUT INFREQUENT VISITS TO FACILITIES RESULTS IN ESCALATED INCIDENCES OF ABUSE AND NEGLECT THAT GO UNREPORTED OR UNRESOLVED, RESULTING IN DIRE AND LOW QUALITY OF CARE SITUATIONS; AND
WHEREAS, THE STATE SHOULD STUDY WHETHER REGULAR VISITS TO ALL TYPES OF SENIOR FACILITIES FROM AN OMBUDSMAN OR OTHER REGULAR AUDITS COULD REDUCE CASES OF ABUSE AND NEGLECT; AND
WHEREAS, FURTHER, ACCORDING TO THE UNITED STATES CENSUS BUREAU, IN 2011, 43.8 PERCENT OF CALIFORNIANS SPOKE A LANGUAGE OTHER THAN ENGLISH AT HOME AND 25 PERCENT OF THOSE CALIFORNIANS IDENTIFIED THAT THEY SPOKE ENGLISH “NOT WELL” OR “NOT AT ALL”; AND
WHEREAS, A UNIVERSITY OF CALIFORNIA, SAN FRANCISCO STUDY SHOWED THAT 43 PERCENT OF OLDER ADULTS FEEL LONELY, BUT ONLY 18 PERCENT LIVE ALONE; AND
WHEREAS, RESIDENTS OF SKILLED NURSING FACILITIES AND FACILITIES FOR THE ELDERLY MAY DEPEND ON STAFF FOR ASSISTANCE WITH READING OR WRITING; AND
WHEREAS, HOUSEKEEPING OR JANITORIAL STAFF AT SKILLED NURSING FACILITIES AND FACILITIES FOR THE ELDERLY MAY SPEND MORE TIME INTERACTING WITH RESIDENTS THAN THEIR CAREGIVERS, BUT THOSE STAFF MAY NOT BE ABLE TO SPEAK, READ, OR WRITE IN A PROFICIENT MANNER; AND
WHEREAS, THE STATE SHOULD STUDY WHETHER LANGUAGE PROFICIENCY REQUIREMENTS FOR ALL STAFF AT SKILLED NURSING FACILITIES AND FACILITIES FOR THE ELDERLY WOULD IMPROVE QUALITY OF LIFE FOR RESIDENTS; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A STUDY BE UNDERTAKEN TO EXAMINE CARE AND STAFFING ISSUES AT SENIOR FACILITIES, INCLUDING, BUT NOT LIMITED TO, BOARDING HOME LICENSING, FACILITY AUDITS, AND LANGUAGE PROFICIENCY REQUIREMENTS FOR FACILITY STAFF, AND TO DETERMINE WHETHER CHANGES WOULD INCREASE CARE COSTS OR IMPROVE CARE FOR SENIORS; 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.
RN1716724 AFP 2
INTRODUCED BY SENIOR ASSEMBLY MEMBER GOULD
(COAUTHOR: SENIOR SENATOR SHONTZ)
Legislative Counsel’s Digest
AFP 2: MEDICARE: DURABLE MEDICAL EQUIPMENT.
EXISTING FEDERAL LAW PROVIDES FOR MEDICARE, A PUBLIC HEALTH INSURANCE PROGRAM FOR PERSONS 65 YEARS OF AGE AND OLDER AND SPECIFIED PERSONS WITH DISABILITIES WHO ARE UNDER 65 YEARS OF AGE. UNDER EXISTING FEDERAL LAW, MEDICARE PAYS FOR THE PURCHASE OR RENTAL OF DURABLE MEDICAL EQUIPMENT IF THE EQUIPMENT IS USED IN THE PATIENT’S HOME OR IN AN INSTITUTION THAT IS USED AS A HOME.
EXISTING FEDERAL REGULATIONS DEFINE “DURABLE MEDICAL EQUIPMENT” AS EQUIPMENT, FURNISHED AS SPECIFIED THROUGH A PRESCRIPTION, THAT MEETS CERTAIN REQUIREMENTS, INCLUDING, AMONG OTHERS, THAT IT CAN WITHSTAND REPEATED USE, THAT IT HAS AN EXPECTED LIFE OF AT LEAST 3 YEARS IF CLASSIFIED AS DURABLE MEDICAL EQUIPMENT AFTER JANUARY 1, 2012, AND THAT IT IS PRIMARILY AND CUSTOMARILY USED TO SERVE A MEDICAL PURPOSE.
THIS MEASURE WOULD MEMORIALIZE THE FEDERAL GOVERNMENT TO ADOPT APPROPRIATE REGULATIONS FOR THE MEDICARE PROGRAM, OR TO ENACT APPROPRIATE LEGISLATION, THAT WOULD ADD GRAB BARS TO THE LIST OF COVERED DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM, UPON AN EVALUATION BY THE MEDICARE PROGRAM TO DEMONSTRATE THAT GRAB BARS MEET THE REQUIREMENTS OF DURABLE MEDICAL EQUIPMENT.
VOTE MAJORITY.
AFP 2: RELATING TO MEDICARE
WHEREAS, MEDICARE DOES NOT COVER CERTAIN SAFETY EQUIPMENT THAT HELPS TO PREVENT FALLS, INCLUDING, BUT NOT LIMITED TO, GRAB BARS AND STAIR RAILS, EVEN THOUGH MEDICARE SPENDS BILLIONS OF DOLLARS PER YEAR TO TREAT THE RESULTS OF FALLS WITH SURGERY AND PHYSICAL THERAPY SERVICES THAT HELP PATIENTS TO REGAIN THE USE OF INJURED LIMBS; AND
WHEREAS, MEDICARE DOES NOT COVER THE COST OF A GRAB BAR FOR A BATHTUB OR SHOWER BECAUSE IT DOES NOT CONSIDER A GRAB BAR TO BE DURABLE MEDICAL EQUIPMENT; AND
WHEREAS, GRAB BARS MEET THE FIVE REQUIREMENTS OF DURABLE MEDICAL EQUIPMENT: (1) THEY CAN WITHSTAND REPEATED USE; (2) THEY HAVE AN EXPECTED LIFE OF AT LEAST THREE YEARS; (3) THEY ARE PRIMARILY AND CUSTOMARILY USED TO SERVE A MEDICAL PURPOSE — PREVENTING FALLS, THEREBY PROMOTING SAFETY AND REDUCING MEDICAL COSTS; (4) THEY ARE GENERALLY NOT USEFUL TO AN INDIVIDUAL WHO DOES NOT HAVE AN ILLNESS OR INJURY AND INSTEAD ARE TYPICALLY USED BY SENIORS WHO COLLECTIVELY SUFFER FROM MILLIONS OF FALLS PER YEAR; AND (5) THEY ARE APPROPRIATE FOR USE IN THE HOME, NOTABLY IN THE BATHROOM; AND
WHEREAS, ACCORDING TO A 2016 MORBIDITY AND MORTALITY WEEKLY REPORT BY THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC), 28.7 PERCENT OF OLDER AMERICANS EXPERIENCED 29 MILLION FALLS IN 2014, WHICH CAUSED SEVEN MILLION INJURIES AND 27,000 DEATHS; AND
WHEREAS, ACCORDING TO THE SAME REPORT, INJURIES DUE TO FALLS COST MEDICARE AN ESTIMATED 31.3 BILLION DOLLARS ANNUALLY, AND ANNUAL COSTS COULD REACH 48.5 BILLION DOLLARS BY 2030; AND
WHEREAS, THE NATIONAL CENTER FOR INJURY PREVENTION AND CONTROL AT THE CDC ESTIMATED THAT IN 2010, MORE THAN 400,000 INDIVIDUALS 65 YEARS OF AGE OR OLDER IN THE UNITED STATES WERE HOSPITALIZED DUE TO NONFATAL, UNINTENTIONAL FALLS; AND
WHEREAS, ACCORDING TO A 2011 CDC REPORT, ABOUT ONE-THIRD OF FALL INJURIES IN 2008 OCCURRED WHILE BATHING OR SHOWERING, ABOUT 10 PERCENT OCCURRED WHILE GETTING OUT OF A BATHTUB OR SHOWER, AND ABOUT 14 PERCENT OCCURRED WHILE USING A TOILET; AND
WHEREAS, JUDY A. STEVENS, AN EPIDEMIOLOGIST FOR THE CDC AND THE LEAD AUTHOR OF THE 2011 CDC REPORT DESCRIBED ABOVE, SAID, “INJURIES GETTING ON AND OFF THE TOILET ARE QUITE HIGH IN PEOPLE 65 AND OLDER. HAVING GRAB BARS BY THE TOILET WOULD BE HELPFUL FOR PEOPLE IN THEIR OLDER YEARS”; AND
WHEREAS, GRAB BARS ARE PARTICULARLY IMPORTANT IN PREVENTING DANGEROUS BATHROOM FALLS DUE TO SLIPPERY FLOORS OR OTHER CONDITIONS. FOR SENIORS, GRAB BARS CAN BE A SMART ADDITION TO THE BATHROOM AS AN ESTIMATED 85 PERCENT OF FALLS IN THE HOME OCCUR IN THE BATHROOM; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT GRAB BARS BE ADDED TO THE LIST OF COVERED DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM, UPON AN EVALUATION BY THE MEDICARE PROGRAM TO DEMONSTRATE THAT GRAB BARS MEET THE FIVE REQUIREMENTS OF DURABLE MEDICAL EQUIPMENT, THEREBY DRAMATICALLY REDUCING THE 31.3 BILLION DOLLARS IN ANNUAL MEDICARE COSTS DUE TO FALLS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE FEDERAL GOVERNMENT TO ADOPT APPROPRIATE REGULATIONS FOR THE MEDICARE PROGRAM, OR 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 PRESIDENT AND VICE PRESIDENT, THE SENATE MAJORITY LEADER, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.
SENATE
FINANCE & INSURANCE
COMMITTEE
SENATE
HEALTH
COMMITTEE
RN1716696 SP 1
INTRODUCED BY SENIOR SENATOR WHISNAND
(COAUTHOR: SENIOR ASSEMBLY MEMBER BLOCH)
Legislative Counsel’s Digest
SP 1: PARKINSON’S DISEASE.
UNDER EXISTING LAW, DOCTORS AND OTHER HEALTH CARE PRACTITIONERS DIAGNOSING OR PROVIDING TREATMENT FOR INDIVIDUALS WITH PARKINSON’S DISEASE ARE REQUIRED TO REPORT TO THE STATE DEPARTMENT OF PUBLIC HEALTH OR AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT EACH CASE OF PARKINSON’S DISEASE. EXISTING LAW REQUIRES DOCTORS TO REPORT IMMEDIATELY TO LOCAL PUBLIC HEALTH OFFICERS INFORMATION REGARDING CERTAIN PATIENTS DIAGNOSED WITH A DISORDER, INCLUDING PARKINSON’S DISEASE, THAT IS SEVERE ENOUGH TO BE LIKELY TO IMPAIR A PERSON’S ABILITY TO OPERATE A MOTOR VEHICLE AND REQUIRES LOCAL PUBLIC HEALTH OFFICERS TO REPORT THAT INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES. EXISTING LAW REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO DEVELOP GUIDELINES DESIGNED TO ENHANCE THE MONITORING OF INDIVIDUALS WITH THOSE DISORDERS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE DEVELOPMENT OF AN ASSESSMENT TO RATE INDIVIDUALS WITH PARKINSON’S DISEASE ON THEIR ABILITY TO SAFELY OPERATE A MOTOR VEHICLE, PROVIDE OUTREACH TO EDUCATE DOCTORS ON THE REPORTING REQUIREMENTS REGARDING INDIVIDUALS DIAGNOSED WITH PARKINSON’S DISEASE, IMPOSE PENALTIES ON DOCTORS WHO FAIL TO PROVIDE THE REQUIRED REPORTS, AND PROVIDE SUFFICIENT FUNDING TO LOCAL PUBLIC HEALTH OFFICERS, THE STATE DEPARTMENT OF PUBLIC HEALTH, AND THE DEPARTMENT OF MOTOR VEHICLES TO CARRY OUT THEIR DUTIES REGARDING PARKINSON’S DISEASE.
VOTE MAJORITY.
SP 1: RELATING TO PARKINSON’S DISEASE
WHEREAS, PARKINSON’S DISEASE IS A CHRONIC AND PROGRESSIVE DISORDER OF THE NERVOUS SYSTEM THAT RESULTS IN A DECLINE IN BOTH MOTOR SKILLS AND COGNITION; AND
WHEREAS, DOCTORS ARE REQUIRED TO REPORT IMMEDIATELY TO LOCAL PUBLIC HEALTH OFFICERS REGARDING PATIENTS 14 YEARS OF AGE OR OLDER WHOM THEY HAVE DIAGNOSED WITH DISORDERS, INCLUDING ALZHEIMER’S DISEASE AND RELATED DISORDERS, THAT ARE SEVERE ENOUGH TO BE LIKELY TO IMPAIR A PERSON’S ABILITY TO OPERATE A MOTOR VEHICLE; AND
WHEREAS, LOCAL PUBLIC HEALTH OFFICERS ARE REQUIRED TO REPORT THIS INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES WHEN REPORTED BY DOCTORS; AND
WHEREAS, THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP GUIDELINES DESIGNED TO ENHANCE THE MONITORING OF INDIVIDUALS AFFECTED BY THOSE DISORDERS; AND
WHEREAS, INDIVIDUALS WITH PARKINSON’S DISEASE SEVERE ENOUGH THAT IT IMPAIRS THEIR ABILITY TO SAFELY OPERATE A MOTOR VEHICLE ARE AT A HIGHER RISK OF BEING INVOLVED IN ACCIDENTS WHILE DRIVING; AND
WHEREAS, THE STATE DEPARTMENT OF PUBLIC HEALTH IS REQUIRED TO CONDUCT A PROGRAM OF EPIDEMIOLOGICAL ASSESSMENT OF INCIDENCE OF PARKINSON’S DISEASE AND TO ESTABLISH A STATEWIDE SYSTEM FOR THE COLLECTION OF INFORMATION DETERMINING THE INCIDENCE OF PARKINSON’S DISEASE; AND
WHEREAS, DOCTORS AND OTHER HEALTH CARE PRACTITIONERS DIAGNOSING OR PROVIDING TREATMENT FOR INDIVIDUALS WITH PARKINSON’S DISEASE ARE REQUIRED TO REPORT TO THE STATE DEPARTMENT OF PUBLIC HEALTH OR AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT EACH CASE OF PARKINSON’S DISEASE; AND
WHEREAS, DOCTORS ARE FAILING TO PROPERLY DIAGNOSE INDIVIDUALS WITH PARKINSON’S DISEASE AND TO PROVIDE THE REQUIRED INFORMATION REGARDING THOSE DIAGNOSES TO LOCAL PUBLIC HEALTH OFFICERS AND THE STATE DEPARTMENT OF PUBLIC HEALTH; AND
WHEREAS, DOCTORS ARE NOT CONSISTENTLY REPORTING TO LOCAL PUBLIC HEALTH OFFICERS AND THE STATE DEPARTMENT OF PUBLIC HEALTH WHEN INDIVIDUALS ARE FIRST DIAGNOSED WITH PARKINSON’S DISEASE; AND
WHEREAS, DOCTORS COMING FROM OTHER STATES ARE NOT EFFECTIVELY TRAINED IN THE PROCEDURES FOR REPORTING INDIVIDUALS DIAGNOSED WITH DISORDERS, INCLUDING PARKINSON’S DISEASE, THAT ARE SEVERE ENOUGH TO BE LIKELY TO IMPAIR THEIR ABILITY TO SAFELY OPERATE A MOTOR VEHICLE; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT (1) AN ASSESSMENT BE DEVELOPED TO RATE INDIVIDUALS DIAGNOSED WITH PARKINSON’S DISEASE ON THEIR ABILITY TO SAFELY OPERATE A MOTOR VEHICLE AND REQUIRE THE ASSESSMENT TO BE CONDUCTED ANNUALLY, (2) OUTREACH BE PROVIDED TO DOCTORS TO EDUCATE THEM ON THEIR REPORTING OBLIGATIONS REGARDING PARKINSON’S DISEASE, (3) PENALTIES BE IMPOSED ON DOCTORS WHO FAIL TO PROVIDE THE REQUIRED REPORTS, AND (4) SUFFICIENT FUNDING BE PROVIDED TO LOCAL PUBLIC HEALTH OFFICERS, THE STATE DEPARTMENT OF PUBLIC HEALTH, AND THE DEPARTMENT OF MOTOR VEHICLES TO IMPLEMENT THE ABOVE REQUIREMENTS REGARDING PARKINSON’S DISEASE AND THE SAFE OPERATION OF MOTOR VEHICLES BY PERSONS WITH PARKINSON’S DISEASE; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716715 SP 5
INTRODUCED BY SENIOR SENATOR RODELLA
(COAUTHOR: SENIOR SENATOR MACALLISTER)
Legislative Counsel’s Digest
SP 5: HEALTH: ANNUAL WELLNESS VISIT: COGNITIVE ASSESSMENT.
UNDER THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT, MEDICARE BENEFICIARIES ARE ENTITLED TO AN ANNUAL WELLNESS VISIT THAT INCLUDES A COGNITIVE ASSESSMENT.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE MEDICARE-ELIGIBLE PATIENTS, WHO ARE MEDI-CAL BENEFICIARIES IN CALIFORNIA, TO BE OFFERED, AS PART OF THIS BENEFIT, A COGNITIVE ASSESSMENT THAT IS CAPABLE OF DISTINGUISHING BETWEEN MILD COGNITIVE IMPAIRMENT AND NORMAL AGING, IN ORDER FOR THE CAUSES OF COGNITIVE IMPAIRMENT TO BE DETECTED IN THEIR EARLIEST AND MOST TREATABLE STAGE.
VOTE MAJORITY.
SP 5: RELATING TO COGNITIVE ASSESSMENT
WHEREAS, ANNUAL DIRECT MEDICARE COSTS FOR PERSONS WITH DEMENTIA ARE APPROXIMATELY $20,000, WHILE COSTS FOR COGNITIVELY NORMAL MEDICAL BENEFICIARIES ARE APPROXIMATELY $4,000 ANNUALLY, AND COSTS FOR PERSONS WITH MILD COGNITIVE IMPAIRMENT (MCI) ARE APPROXIMATELY $7,500 ANNUALLY. THE INCREASED COSTS AMONG PERSONS WITH DEMENTIA ARE DIRECTLY RELATED TO THE SEVERITY OF DEMENTIA AND CAN BE SUBSTANTIALLY LOWERED BY EARLY DETECTION OF COGNITIVE IMPAIRMENT AND BY DELAYING ITS PROGRESSION; AND
WHEREAS, APPROXIMATELY ONE-HALF OF ALL PERSONS WITH COGNITIVE IMPAIRMENT DO NOT HAVE ALZHEIMER’S DISEASE (AD), BUT, RATHER, HAVE A CONDITION THAT CAN BE ARRESTED OR IMPROVED. HOWEVER, IF THIS NON-AD CONDITION IS NOT DETECTED UNTIL THE PERSON IS DEMENTED, IT IS DIFFICULT OR IMPOSSIBLE TO REVERSE THE DEMENTIA. THEREFORE, FOR THESE INDIVIDUALS, EARLY DETECTION AND PROPER DIAGNOSIS AND TREATMENT MAY GREATLY REDUCE THE CURRENT 400 PERCENT ANNUAL INCREASE IN DIRECT MEDICARE COSTS. THIS APPROACH WOULD ALSO REDUCE STATE COSTS BECAUSE FEWER PERSONS WOULD REQUIRE INSTITUTIONALIZATION, AND THE DURATION OF INSTITUTIONALIZATION WOULD BE SHORTER; AND
WHEREAS, FOR THE REMAINING ONE-HALF OF COGNITIVELY IMPAIRED PERSONS WHO HAVE AD, RECENT LONG-TERM STUDIES HAVE SHOWN THAT THE MCI AND DEMENTIA SEVERITY STAGES CAN BE DELAYED BY AN AVERAGE OF 33 PERCENT AND 50 PERCENT, RESPECTIVELY. THE MEAN DURATION OF UNTREATED AD IS SEVEN YEARS DURING THE MCI SEVERITY STAGE AND SEVEN YEARS DURING THE DEMENTIA SEVERITY STAGE. IF AD IS DETECTED EARLY DURING THE MCI STAGE, THEN PROPER MEDICATION CAN DELAY AD PROGRESSION BY AN AVERAGE OF FIVE TO SIX YEARS; AND
WHEREAS, DELAYED ONSET AND PROGRESSION MEANS THAT INDIVIDUALS WITH AD WILL LIKELY DIE AT A SEVERITY LEVEL AT WHICH THEY WILL NEED SOME ASSISTANCE WITH WELL-LEARNED ACTIVITIES OF DAILY LIVING, INCLUDING COOKING, SHOPPING, DRIVING, AND PAYING BILLS, AND MAY NEED SOME ASSISTANCE SELECTING THE PROPER CLOTHING TO WEAR TO A PARTICULAR EVENT. ON AVERAGE, THEY WILL NOT REQUIRE INSTITUTIONALIZATION AND CAN LIVE AT HOME WITH SOME ASSISTANCE. WITHOUT SUCH EARLY DETECTION AND TREATMENT, PERSONS WITH AD WILL LIKELY DIE MUTE, INCONTINENT OF BOWEL AND BLADDER, UNABLE TO WALK, AND POSSIBLY UNABLE TO SWALLOW, AND THEY WILL HAVE SPENT TWO AND ONE-HALF TO THREE AND ONE-HALF YEARS IN AN ASSISTED LIVING OR NURSING FACILITY; AND
WHEREAS, PASSAGE OF LEGISLATION IS A FIRST STEP IN INCREASING THE NUMBER OF INDIVIDUALS WHO CAN BE DETECTED IN THE EARLIEST STAGES OF MCI SO THAT THE UNDERLYING CAUSE CAN BE DIAGNOSED AND EFFECTIVELY TREATED, THE QUALITY OF LIFE OF AFFECTED INDIVIDUALS DRAMATICALLY IMPROVED, AND THE HEALTHCARE COSTS GREATLY REDUCED; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT MEDICARE-ELIGIBLE PATIENTS, WHO ARE MEDI-CAL BENEFICIARIES IN CALIFORNIA, BE OFFERED, AS PART OF THE ANNUAL WELLNESS VISIT PROVIDED BY THE FEDERAL AFFORDABLE CARE ACT, A VALID COGNITIVE ASSESSMENT THAT IS ABLE TO DISTINGUISH BETWEEN MILD COGNITIVE IMPAIRMENT AND NORMAL AGING, IN ORDER FOR THE CAUSES OF COGNITIVE IMPAIRMENT TO BE DETECTED IN THEIR EARLIEST AND MOST TREATABLE STAGE; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716777 SP 9
INTRODUCED BY SENIOR SENATOR MOLNAR
Legislative Counsel’s Digest
SP 9: HEALTH CARE SERVICE PLANS.
EXISTING LAW PROVIDES FOR THE MEDI-CAL PROGRAM, WHICH IS ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH CARE SERVICES, PURSUANT TO WHICH MEDICAL BENEFITS ARE PROVIDED TO PUBLIC ASSISTANCE RECIPIENTS AND CERTAIN OTHER LOW-INCOME PERSONS. EXISTING LAW ESTABLISHES, AS PART OF THE MEDI-CAL PROGRAM, THE DENTI-CAL PROGRAM, WHICH PROVIDES DENTAL SERVICES TO ELIGIBLE BENEFICIARIES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ADEQUATELY FUND THE DENTI-CAL PROGRAM.
VOTE MAJORITY.
SP 9: RELATING TO DENTI-CAL
WHEREAS, LOW-INCOME SENIORS WHO RECEIVE DENTI-CAL BENEFITS ARE LOSING TEETH, SUFFERING INFECTIONS, AND ACCRUING THOUSANDS OF DOLLARS OF DEBT TO PAY FOR AN ARRAY OF TREATMENTS NOT COVERED BY DENTI-CAL; AND
WHEREAS, DENTAL BENEFITS FOR MANY ADULTS ON MEDI-CAL, WHICH PROVIDES HEALTH COVERAGE FOR LOW-INCOME CALIFORNIANS, DISAPPEARED COMPLETELY FOR FIVE YEARS, BETWEEN 2009 AND 2014; AND
WHEREAS, MEDICARE DOES NOT COVER DENTAL CARE; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE GOVERNOR AND LEGISLATURE EXPLORE THE POSSIBILITY OF ADEQUATELY FUNDING THE DENTI-CAL PROGRAM; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716779 SP 11
INTRODUCED BY SENIOR SENATOR CERVANTES
Legislative Counsel’s Digest
SP 11: PRESCRIPTIONS BY MAIL.
EXISTING LAW, THE PHARMACY LAW, PROVIDES FOR THE LICENSURE AND REGULATION OF PHARMACISTS BY THE CALIFORNIA STATE BOARD OF PHARMACY. EXISTING LAW AUTHORIZES A PHARMACIST TO ADMINISTER DRUGS AND BIOLOGICAL PRODUCTS THAT HAVE BEEN ORDERED BY A PRESCRIBER AND TO FURNISH CERTAIN PRESCRIPTION MEDICATIONS, AS SPECIFIED.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE A RETAIL PHARMACY LICENSED IN THE STATE OF CALIFORNIA, UPON REQUEST OF A PATIENT AND THE RECEIPT OF A VALID PRESCRIPTION, TO FILL A PATIENT’S PRESCRIPTION BY MAIL, AND WOULD REQUIRE THE COST OF SHIPPING AND HANDLING TO BE ADDED TO THE COST OF THE PRESCRIPTION.
VOTE MAJORITY.
SP 11: RELATING TO PRESCRIPTIONS
WHEREAS, CONVENIENT ACCESS TO A RETAIL PHARMACY IN MANY AREAS OF RURAL CALIFORNIA IS DIFFICULT BECAUSE THOSE RURAL AREAS DO NOT HAVE A NEARBY PHARMACY; AND
WHEREAS, FOR EXAMPLE, IN INYO COUNTY THE DISTANCE BETWEEN PHARMACIES IS 60 MILES NORTH AND 84 MILES SOUTH; AND
WHEREAS, THE ABSENCE OF RETAIL PHARMACIES IN RURAL AREAS OF CALIFORNIA CAUSES SEVERE HARDSHIP FOR OLDER CALIFORNIANS WHO, FOR VARIOUS REASONS, ARE NO LONGER AMBULATORY OR WHO DO NOT HAVE ACCESS TO TRANSPORTATION; AND
WHEREAS, BY ALLOWING PATIENTS IN CALIFORNIA TO FILL THEIR PRESCRIPTIONS BY MAIL, THOSE PATIENTS WOULD NO LONGER HAVE TO DEPEND ON FRIENDS OR RELATIVES TO PICK UP THEIR PRESCRIPTIONS, IT WOULD PROVIDE MORE BUSINESS TO PHARMACIES LICENSED IN CALIFORNIA BECAUSE, CURRENTLY, MOST MAIL ORDER PHARMACIES ARE LOCATED OUT OF THE STATE, IT COULD LEAD TO LESS TRAFFIC ON THE ROADS, AND IT WOULD LOWER THE OUT-OF-POCKET EXPENSES OF PATIENTS BECAUSE THE COST OF SHIPPING AND HANDLING WOULD BE LESS THAN THE COSTS ASSOCIATED WITH DRIVING LONG DISTANCES; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION THAT WOULD REQUIRE A RETAIL PHARMACY LICENSED IN THE STATE OF CALIFORNIA, UPON REQUEST OF A PATIENT AND THE RECEIPT OF A VALID PRESCRIPTION, TO FILL A PATIENT’S PRESCRIPTION BY MAIL, AND WOULD REQUIRE THE COST OF SHIPPING AND HANDLING TO BE ADDED TO THE COST OF THE PRESCRIPTION; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716788 SP 14
INTRODUCED BY SENIOR SENATOR KAGAN
Legislative Counsel’s Digest
SP 14: RESIDENTIAL CARE FACILITIES FOR THE ELDERLY.
THE CALIFORNIA RESIDENTIAL CARE FACILITIES FOR THE ELDERLY ACT PROVIDES FOR THE REGULATION OF RESIDENTIAL CARE FACILITIES FOR THE ELDERLY BY THE STATE DEPARTMENT OF SOCIAL SERVICES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE RESIDENTIAL CARE FACILITIES FOR THE ELDERLY TO COMPLETE A COGNITIVE AND PHYSICAL ASSESSMENT TRANSFER FORM THAT INCLUDES CRITICAL, CURRENT INFORMATION ABOUT THE RESIDENT OF THE FACILITY AND PROVIDE THIS FORM, ALONG WITH ANY OTHER INFORMATION REQUIRED BY LAW, TO AN EMERGENCY MEDICAL TECHNICIAN WHO TRANSPORTS THE RESIDENT TO THE EMERGENCY UNIT OF A GENERAL ACUTE CARE HOSPITAL.
VOTE MAJORITY.
SP 14: RELATING TO RESIDENTIAL CARE FACILITIES FOR THE ELDERLY
WHEREAS, CALIFORNIA HAS THE HIGHEST NUMBER OF RESIDENTIAL CARE AND ASSISTED LIVING BEDS IN THE NATION; AND
WHEREAS, THE STATE HAS MORE RESIDENTIAL CARE AND ASSISTED LIVING BEDS (151,000) THAN NURSING HOME BEDS (133,000); AND
WHEREAS, SIXTY-FIVE PERCENT OF THE ASSISTED LIVING BEDS ARE USED BY INDIVIDUALS WITH ALZHEIMER’S DISEASE AND OTHER DEMENTIAS; AND
WHEREAS, THERE ARE 588,208 CALIFORNIANS WHO ARE 55 YEARS OF AGE AND OLDER WHO LIVE WITH ALZHEIMER’S DISEASE AND OTHER DEMENTIAS; AND
WHEREAS, BETWEEN NOW AND 2030, THE NUMBER OF CALIFORNIANS LIVING WITH ALZHEIMER’S DISEASE AND OTHER DEMENTIAS WILL DOUBLE; AND
WHEREAS, STUDIES INDICATE THAT WHEN ELDERLY PATIENTS WITH DEMENTIA AND DELIRIUM ARE TAKEN TO HOSPITAL EMERGENCY ROOMS THEY OFTEN DO NOT COMPREHEND WHY THEY ARE THERE AND DO NOT UNDERSTAND DISCHARGE INSTRUCTIONS FROM DOCTORS; AND
WHEREAS, EMERGENCY ROOM STAFF CAN MISS DELIRIUM AND DEMENTIA BECAUSE EMERGENCY ROOM PATIENTS ARE NOT ROUTINELY SCREENED FOR THESE CONDITIONS; AND
WHEREAS, DEMENTIA AND DELIRIUM AFFECT ABOUT 25 PERCENT OF ELDERLY PATIENTS SEEN IN EMERGENCY ROOMS; AND
WHEREAS, THE EMERGENCY ROOM PROCESS CAN MAKE A PERSON WITH DEMENTIA EVEN MORE CONFUSED AND ILL, WHICH MAY DIRECTLY RESULT IN THE UNNECESSARY ADMISSION OF THE PERSON INTO THE HOSPITAL; AND
WHEREAS, LACK OF INFORMATION ABOUT THE PATIENTS IN THE EMERGENCY ROOM RESULTS IN THE PERFORMANCE OF UNNECESSARY, COSTLY TESTS AND PROCEDURES, LONGER EMERGENCY ROOM STAYS, THE USE OF A GREATER AMOUNT OF STAFF TIME, AND REPEAT RETURNS TO THE EMERGENCY ROOM FOR SIMILAR REASONS; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY BE REQUIRED TO COMPLETE A COGNITIVE AND PHYSICAL ASSESSMENT TRANSFER FORM THAT INCLUDES CURRENT BASELINE COGNITIVE AND PHYSICAL INFORMATION ABOUT THE RESIDENT OF THE FACILITY AND PROVIDE THIS FORM, ALONG WITH ANY OTHER INFORMATION REQUIRED BY LAW, TO AN EMERGENCY MEDICAL TECHNICIAN WHO TRANSPORTS THE RESIDENT TO THE EMERGENCY UNIT OF A GENERAL ACUTE CARE HOSPITAL; 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.
SENATE
HOUSING & TRANSPORTATION
COMMITTEE
RN1716710 SP 2
INTRODUCED BY SENIOR SENATOR WHISNAND
Legislative Counsel’s Digest
SP 2: AFFORDABLE HOUSING FOR RURAL HOMELESS SENIORS.
UNDER EXISTING LAW, THERE ARE PROGRAMS PROVIDING ASSISTANCE FOR, AMONG OTHER THINGS, EMERGENCY HOUSING, ELDERLY HOUSING, MULTIFAMILY HOUSING, HOME OWNERSHIP FOR VERY LOW AND LOW-INCOME HOUSEHOLDS, AND DOWNPAYMENT ASSISTANCE FOR FIRST-TIME HOME BUYERS. EXISTING LAW, THE PLANNING AND ZONING LAW, REQUIRES A CITY OR COUNTY TO ADOPT A GENERAL PLAN FOR LAND USE DEVELOPMENT WITHIN ITS BOUNDARIES THAT INCLUDES, AMONG OTHER THINGS, A HOUSING ELEMENT. EXISTING LAW PROVIDES VARIOUS REFORMS AND INCENTIVES INTENDED TO FACILITATE AND EXPEDITE THE CONSTRUCTION OF AFFORDABLE HOUSING.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION CREATING A COMPREHENSIVE PLAN TO PROVIDE AFFORDABLE HOUSING FOR HOMELESS SENIORS IN RURAL AREAS BY, AMONG OTHER THINGS, STUDYING ALTERNATIVE HOUSING ARRANGEMENTS, STREAMLINING LOCAL HOUSING APPROVALS, DEREGULATING THE BUILDING PROCESS, INSTITUTING CREATIVE DEVELOPMENT PROGRAMS, AND SENDING THE UNITED STATES CONGRESS AND THE PRESIDENT A RESOLUTION ASKING FOR LOWER TAXES AND LESS REGULATION ON HOUSING FOR HOMELESS SENIORS.
VOTE MAJORITY.
SP 2: RELATING TO AFFORDABLE HOUSING FOR RURAL HOMELESS SENIORS.
WHEREAS, PEOPLE 65 YEARS OF AGE AND OVER ARE PROJECTED TO MAKE UP THE HIGHEST GROWTH SEGMENT OF CALIFORNIA’S POPULATION; AND
WHEREAS, HOME PRICES IN CALIFORNIA ARE AMONG THE HIGHEST IN THE NATION; AND
WHEREAS, FEDERAL TAXES AND REGULATIONS MAKE HOUSING LESS AFFORDABLE FOR HOMELESS SENIORS; AND
WHEREAS, SENIOR HOMELESSNESS IN RURAL AREAS OF CALIFORNIA IS AN ISSUE OF PRESSING CONCERN THAT EXISTING LAW DOES NOT ADEQUATELY ADDRESS; AND
WHEREAS, HOMELESS SENIORS IN RURAL AREAS FACE PARTICULARLY CHALLENGING BARRIERS TO SECURING HOUSING; AND
WHEREAS, COMMUNITY RESISTANCE MAKES IT DIFFICULT TO BUILD AFFORDABLE HOUSING FOR HOMELESS SENIORS; AND
WHEREAS, RURAL AREAS OFFER POTENTIALLY LESS EXPENSIVE SITES FOR THE DEVELOPMENT OF HOUSING FOR HOMELESS SENIORS; AND
WHEREAS, THE CONSTRUCTION OF GRANNY FLATS AND OTHER HOUSING OPTIONS NEAR TRANSPORTATION HUBS AND DOWNTOWN DISTRICTS OF RURAL AREAS CAN MAKE USE OF EXISTING PROPERTY AND ACCOMMODATE HOMELESS SENIORS’ TRANSPORTATION NEEDS; AND
WHEREAS, HOUSING PLANS, PARTICULARLY IN RURAL AREAS, NEED TO BE UPDATED TO MEET THE NEEDS OF HOMELESS SENIORS; AND
WHEREAS, THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CAN BE REVIEWED AND AMENDED TO MAKE HOUSING MORE AFFORDABLE; AND
WHEREAS, CREATIVE DEVELOPMENT DESIGN, INCLUDING THE USE OF SOLAR PANELS, CAN GENERATE INCOME AND MAKE HOUSING MORE AFFORDABLE; AND
WHEREAS, GRAB BARS AND RAMPS ARE NECESSARY AMENITIES IN AFFORDABLE HOUSING FOR HOMELESS SENIORS; AND
WHEREAS, FISCAL INCENTIVES AND STATE FUNDING CAN HELP MAKE AFFORDABLE HOUSING AVAILABLE FOR HOMELESS SENIORS; AND
WHEREAS, THE COST AND EXPEDIENCY OF DEVELOPING AFFORDABLE HOUSING FOR HOMELESS SENIORS CAN BE NEGATIVELY AFFECTED BY DELAYED INTERDEPARTMENTAL COMMUNICATION; AND
WHEREAS, PREVAILING WAGE RATE REQUIREMENTS CAN INCREASE THE COST OF BUILDING HOUSING FOR HOMELESS SENIORS; AND
WHEREAS, RED TAPE AND REGULATIONS THAT DO NOT ADDRESS HEALTH AND SAFETY REQUIREMENTS, INCLUDING EXISTING ROOFING AND SPRINKLER REQUIREMENTS, MAY UNNECESSARILY INCREASE THE COST OF HOUSING FOR HOMELESS SENIORS; AND
WHEREAS, RECORDING FEES ON PURCHASES OF VACATION HOMES CAN PROVIDE A FUNDING STREAM FOR HOUSING FOR HOMELESS SENIORS; AND
WHEREAS, EXCELLENT MANAGEMENT IS NEEDED TO SPEED UP CONSTRUCTION TIMES FOR BUILDING HOUSING FOR HOMELESS SENIORS; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE DEVELOP A COMPREHENSIVE PLAN ADDRESSING THESE ISSUES, AND OTHERS RELATED TO AFFORDABLE HOUSING FOR HOMELESS SENIORS IN RURAL AREAS, IN ORDER TO PROVIDE AFFORDABLE HOUSING FOR HOMELESS SENIORS IN RURAL AREAS BY STUDYING ALTERNATIVE HOUSING ARRANGEMENTS, STREAMLINING LOCAL HOUSING APPROVALS, DEREGULATING THE BUILDING PROCESS, INSTITUTING CREATIVE DEVELOPMENT PROGRAMS, AND SENDING THE UNITED STATES CONGRESS AND THE PRESIDENT A RESOLUTION ASKING FOR LOWER TAXES AND LESS REGULATION ON HOUSING FOR HOMELESS SENIORS; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716778 SP 10
INTRODUCED BY SENIOR SENATOR KAGAN
Legislative Counsel’s Digest
SP 10: VETERANS HOUSING: AFFORDABLE RENTAL HOUSING.
EXISTING LAW, THE VETERANS HOUSING AND HOMELESS PREVENTION ACT OF 2014 (VHHPA), REQUIRES THE CALIFORNIA HOUSING FINANCE AGENCY, THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, AND THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH AND IMPLEMENT PROGRAMS TO PROVIDE FOR THE ACQUISITION, CONSTRUCTION, REHABILITATION, AND PRESERVATION OF MULTIFAMILY SUPPORTIVE HOUSING, AFFORDABLE TRANSITIONAL HOUSING, AFFORDABLE RENTAL HOUSING, OR RELATED FACILITIES FOR VETERANS AND THEIR FAMILIES, AS SPECIFIED. EXISTING LAW, THE VETERANS HOUSING AND HOMELESS PREVENTION BOND ACT OF 2014 (BOND ACT), AUTHORIZES THE ISSUANCE OF BONDS IN THE AMOUNT OF $600,000,000, AS SPECIFIED, FOR EXPENDITURE BY THESE DEPARTMENTS FOR THE PURPOSES OF ADMINISTERING THE VHHPA. THE BOND ACT AUTHORIZES THE LEGISLATURE TO AMEND ITS PROVISIONS BY A MAJORITY VOTE FOR, AMONG OTHER THINGS, THE PURPOSE OF FURTHERING OVERALL PROGRAM GOALS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ESTABLISH A RENTAL HOUSING ASSISTANCE PROGRAM AS PART OF THE VHHPA AND REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO COORDINATE ACCESS TO AFFORDABLE RENTAL HOUSING FOR VETERANS WITH EXISTING STATE AND FEDERAL VETERANS SERVICES AND PROVIDE FULLY DETAILED INFORMATION ABOUT THE RENTAL ASSISTANCE PROGRAM IN A SPECIFIED RESOURCE PUBLICATION.
VOTE MAJORITY.
SP 10: RELATING TO VETERANS HOUSING: AFFORDABLE RENTAL HOUSING
WHEREAS, CALIFORNIA HAS THE LARGEST NUMBER OF VETERANS AND HOMELESS VETERANS OF ANY STATE; AND
WHEREAS, AN ESTIMATED 1.8 MILLION VETERANS LIVE IN CALIFORNIA, OF WHICH NEARLY 10,000 ARE HOMELESS AND PRESENTLY LIVING IN POVERTY, EMERGENCY SHELTERS, TRANSITIONAL HOUSING, OR UNSHELTERED PLACES ON THE STREETS; AND
WHEREAS, IT IS ESTIMATED THAT 20 TO 30 PERCENT OF THE HOMELESS VETERAN POPULATION IN CALIFORNIA ARE SENIOR VETERANS; AND
WHEREAS, MANY OF CALIFORNIA’S HOMELESS VETERANS, INCLUDING THOSE WHO SERVED IN WORLD WAR II, THE KOREAN WAR, AND THE VIETNAM WAR, ARE PRESENTLY “AGING OUT” AND IN NEED OF PRIORITY ASSISTANCE; AND
WHEREAS, HOMELESS VETERANS EXPERIENCE GREATER DIFFICULTIES IN ACCESSING EXISTING GOVERNMENT PROGRAMS AND SERVICES DUE TO VARIOUS CONSTRAINTS RELATED TO THE LACK OF AWARENESS OF THESE PROGRAMS; AND
WHEREAS, THE VETERANS HOUSING AND HOMELESS PREVENTION BOND ACT OF 2014 (ARTICLE 5Y (COMMENCING WITH SECTION 998.540) OF CHAPTER 6 OF DIVISION 4 OF THE MILITARY AND VETERANS CODE) REPURPOSED $600,000,000 IN BOND PROCEEDS DESIGNATED TO HELP VETERANS PURCHASE SINGLE-FAMILY HOMES, MOBILEHOMES, AND FARMS, THAT WERE UNDERUTILIZED DUE TO ECONOMIC CONDITIONS; AND
WHEREAS, FOR MOST LOW-INCOME VETERANS, PURCHASING A HOME IS GENERALLY NOT A VIABLE OPTION AND, AS A RESULT, CURRENTLY AVAILABLE HOME PURCHASE FUNDING IS LIKELY TO CONTINUE TO BE UNDERUTILIZED; AND
WHEREAS, LOW-INCOME VETERANS NEED ADDITIONAL ACCESS TO AFFORDABLE RENTAL HOUSING AND FINANCIAL ASSISTANCE; AND
WHEREAS, A RENTAL ASSISTANCE PROGRAM ADMINISTERED BY THE DEPARTMENT OF VETERANS AFFAIRS WOULD PROVIDE CALIFORNIA VETERANS WITH ACCESS TO ADDED RENTAL HOUSING MADE AVAILABLE PURSUANT TO THE VETERANS HOUSING AND HOMELESS PREVENTION ACT OF 2014 (ARTICLE 3.2 (COMMENCING WITH SECTION 987.001) OF CHAPTER 6 OF DIVISION 4 OF THE MILITARY AND VETERANS CODE); AND
WHEREAS, ESTABLISHING A RENTAL HOUSING ASSISTANCE PROGRAM WITHIN THE DEPARTMENT OF VETERANS AFFAIRS TO COORDINATE ACCESS TO AFFORDABLE, FULLY FUNDED VETERANS HOUSING WITH EXISTING STATE AND FEDERAL SERVICES WOULD PROVIDE AN OPPORTUNITY FOR VETERANS, INCLUDING THOSE THAT ARE HOMELESS, ELDERLY, OR DISABLED, TO LIVE INDEPENDENTLY AND REDUCE THE NUMBER OF HOMELESS VETERANS IN THIS STATE; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THERE BE ESTABLISHED A SPECIFIC, FULLY DEVELOPED, AND AUTHORIZED RENTAL HOUSING ASSISTANCE PROGRAM UTILIZING FUNDING AND ADMINISTRATION UNDER THE VETERANS HOUSING AND HOMELESS PREVENTION BOND ACT OF 2014 AND THE VETERANS HOUSING AND HOMELESS PREVENTION ACT OF 2014, RESPECTIVELY, CONSISTENT WITH THE FEDERAL SECTION 8 AND VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAMS; AND BE IT FURTHER
RESOLVED, THAT THE DEPARTMENT OF VETERANS AFFAIRS COORDINATE ACCESS TO AFFORDABLE RENTAL HOUSING FOR VETERANS WITH EXISTING STATE AND FEDERAL VETERANS SERVICES; AND BE IT FURTHER
RESOLVED, THAT THE DEPARTMENT OF VETERANS AFFAIRS PROVIDE FULLY DETAILED INFORMATION ABOUT THE RENTAL ASSISTANCE PROGRAM IN THE ANNUAL CALIFORNIA VETERANS RESOURCE BOOK; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716781 SP 13
INTRODUCED BY SENIOR SENATOR RYAN
(COAUTHOR: SENIOR SENATOR KAGAN)
(COAUTHORS: SENIOR ASSEMBLY MEMBERS BEYMER, MONGE, AND ROLFE)
Legislative Counsel’s Digest
SP 13: RYAN. SPECIAL LICENSE PLATE TO FUND TRANSPORTATION FOR MEALS TO SENIORS AND SPECIFIED VOLUNTEER ACTIVITIES.
UNDER EXISTING LAW, A STATE AGENCY MAY APPLY TO THE DEPARTMENT OF MOTOR VEHICLES TO SPONSOR A SPECIALIZED LICENSE PLATE PROGRAM, AND THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO ISSUE SPECIALIZED LICENSE PLATES FOR THAT PROGRAM, IF THE AGENCY COMPLIES WITH SPECIFIED REQUIREMENTS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE CALIFORNIA DEPARTMENT OF AGING TO APPLY TO SPONSOR A SPECIALIZED LICENSE PLATE PROGRAM IN WHICH GENERATED REVENUE WILL BE TRANSFERRED TO THE PLANNING AND SERVICE AREA WHERE THE LICENSE PLATE PURCHASER RESIDES FOR SPECIFIED TRANSPORTATION USES.
VOTE MAJORITY.
SP 13: RELATING TO SPECIAL LICENSE PLATE TO FUND TRANSPORTATION FOR MEALS TO SENIORS AND SPECIFIED VOLUNTEER ACTIVITIES
WHEREAS, THE CALIFORNIA DEPARTMENT OF AGING (CDA) ADMINISTERS PROGRAMS THAT SERVE OLDER ADULTS THROUGHOUT THE STATE OF CALIFORNIA. CDA ADMINISTERS FUNDS ALLOCATED UNDER THE FEDERAL OLDER AMERICANS ACT, THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, AND THROUGH THE MEDI-CAL PROGRAM; AND
WHEREAS, THE CDA CONTRACTS WITH THE NETWORK OF AREA AGENCIES ON AGING, ALSO KNOWN AS PLANNING AND SERVICE AREAS (PSA’S), THAT DIRECTLY MANAGE A WIDE ARRAY OF FEDERAL- AND STATE-FUNDED SERVICES THAT HELP OLDER ADULTS FIND EMPLOYMENT, SUPPORT OLDER AND DISABLED INDIVIDUALS TO LIVE AS INDEPENDENTLY AS POSSIBLE IN THE COMMUNITY, PROMOTE HEALTHY AGING AND COMMUNITY INVOLVEMENT, AND ASSIST FAMILY MEMBERS IN THEIR VITAL CAREGIVING ROLE; AND
WHEREAS, FEDERAL AND STATE FUNDING IS INADEQUATE TO ALLOW PSA’S TO PROVIDE THE FULL ARRAY OF AUTHORIZED SERVICES. AS A RESULT, THE BULK OF PSA FUNDS GO TO CONTRACTORS WHO PROVIDE HOME-DELIVERED MEALS TO HOMEBOUND SENIORS OR DRIVE SENIORS TO SENIOR CENTERS THAT PROVIDE MEALS, COMPANIONSHIP, AND SOME HEALTH SERVICES. THESE SERVICES ARE COMMONLY KNOWN AS MEALS ON WHEELS; AND
WHEREAS, WHEN REVIEWING PSA BUDGETS, WE LEARN THAT A LARGE PORTION OF THE FUNDS AVAILABLE FOR SENIOR SERVICES, PARTICULARLY IN RURAL REGIONS, IS SPENT ON TRANSPORTATION. ANY OTHER SOURCE OF DOLLARS FOR SPENDING ON TRANSPORTATION WILL ALLOW AGENCIES TO REALLOCATE SCARCE FUNDS TO CURRENT AUTHORIZED BUT UNFUNDED SERVICES; AND
WHEREAS, IN ADDITION, PSA’S DO NOT HAVE SUFFICIENT FUNDS TO PAY THE TRANSPORTATION COST FOR THEIR VOLUNTEER REPRESENTATIVES TO ATTEND COMMUNITY OUTREACH MEETINGS OR SERVE AT ACTIVITIES OF THE CALIFORNIA SENIOR LEGISLATURE; AND
WHEREAS, PLANNING AND SERVICE AREAS OF THE AREA AGENCIES ON AGING IN THE CALIFORNIA DEPARTMENT OF AGING ARE UNDERFUNDED FOR THE RESPONSIBILITIES FEDERAL AND CALIFORNIA LAWS GIVE THEM. PSA’S ARE THE LOCAL AGENCIES CHARGED WITH CONTRACTING FOR THE EXPENDITURE OF FEDERAL AND STATE DOLLARS TO THE PROVIDERS OF LOCAL SERVICES TO SENIORS; AND
WHEREAS, TRANSPORTATION IS A LARGE PORTION OF THE COST OF PROVIDING LOCAL SERVICES TO SENIORS, BUT NOTHING HAS CHANGED SINCE 1996 IN THE FUNDING OF TRANSPORTATION FOR SENIOR SERVICES. CURRENT GRANT FUNDS USED FOR TRANSPORTATION PURPOSES BENEFITING SENIORS COULD FUND OTHER CURRENTLY AUTHORIZED BUT UNFUNDED SERVICES IF ANOTHER SOURCE OF TRANSPORTATION FUNDS IS MADE AVAILABLE; AND
WHEREAS, THE DEPARTMENT OF MOTOR VEHICLES ISSUES SPECIALIZED LICENSE PLATES, PURSUANT TO ARTICLE 8.6 (COMMENCING WITH SECTION 5151) OF CHAPTER 1 OF DIVISION 3 OF THE VEHICLE CODE, FOR THE PURPOSE OF HAVING A DESIGN OR CONTAINING A MESSAGE THAT PUBLICIZES OR PROMOTES A STATE AGENCY, OR THE OFFICIAL POLICY, MISSION, OR WORK OF A STATE AGENCY; AND
WHEREAS, GIVEN THE STATE OF THE ECONOMY, HAVING THE CALIFORNIA DEPARTMENT OF AGING APPLY TO SPONSOR A SPECIALIZED LICENSE PLATE PROGRAM SHOULD PROVIDE FUNDING FOR THE LOCAL TRANSPORTATION PURPOSES DESCRIBED ABOVE AND BE HELPFUL TO THE PSA’S CHARGED WITH CONTRACTING WITH PROVIDERS OF SENIOR SERVICES; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE CALIFORNIA DEPARTMENT OF AGING SHALL APPLY FOR A SPECIALIZED LICENSE PLATE AND COMPLY WITH ALL THE REQUIREMENTS OF ARTICLE 8.6 (COMMENCING WITH SECTION 5151) OF CHAPTER 1 OF DIVISION 3 OF THE VEHICLE CODE; AND BE IT FURTHER
RESOLVED, THAT THE REVENUE GENERATED FROM THOSE WHO PURCHASE LOCALLY FUNDED TRANSPORTATION FOR SENIORS LICENSE PLATES WILL BE
TRANSFERRED TO THE PSA IN WHICH THE PURCHASER RESIDES; AND BE IT FURTHER
RESOLVED, THAT THE RECIPIENT PSA WILL FIRST USE THESE NEW FUNDS TO TRANSPORT MEALS TO HOMEBOUND RESIDENTS; SECOND TO TRANSPORT MOBILE SENIORS TO AND FROM SENIOR CENTERS FOR MEALS, RECREATION, AND HEALTH SERVICES; THIRD TO TRANSPORT VOLUNTEERS TO ASSIST IN LOCAL SENIOR-FOCUSED ACTIVITIES SUCH AS HEALTH FAIRS; AND FOURTH TO TRANSPORT LOCAL VOLUNTEERS TO CALIFORNIA SENIOR LEGISLATURE SPONSORED ACTIVITIES. THE RECIPIENT PSA WILL REDIRECT THE TRANSPORTATION MONEYS REPLACED BY LICENSE PLATE PURCHASES FIRST TO AUTHORIZED BUT UNFUNDED PROGRAMS FOR SENIORS AND SECOND TO UNDERFUNDED PROGRAMS FOR SENIORS IN THEIR PSA’S; AND BE IT FURTHER
RESOLVED, THAT THE PSA’S WILL REPORT TO THE PRESS IN THEIR AREA AND THEIR ELECTED REPRESENTATIVES AT LEAST ANNUALLY THE FUNDS GENERATED FROM LOCALLY FUNDED TRANSPORTATION FOR SENIORS LICENSE PLATES IN THEIR AREA AND THE DISTRIBUTION OF THE MONEY RECEIVED; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
SENATE
SOCIAL & COMMUNITY SERVICES
COMMITTEE
RN1716776 SP 8
INTRODUCED BY SENIOR SENATOR MOLNAR
(COAUTHOR: SENIOR SENATOR BORTEL)
(COAUTHOR: SENIOR ASSEMBLY MEMBER MONGE)
Legislative Counsel’s Digest
SP 8: VEHICLE LICENSE PLATES: LOW-INCOME AND HOMELESS SENIORS: CALIFORNIA SENIOR LEGISLATURE.
UNDER EXISTING LAW, THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO ISSUE VARIOUS SPECIAL LICENSE PLATES TO PROVIDE FUNDING FOR VARIOUS GROUPS, PROGRAMS, AND ACTIVITIES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL LICENSE PLATE FOR THE FINANCIAL SUPPORT OF LOW-INCOME AND HOMELESS SENIORS AND OF THE CALIFORNIA SENIOR LEGISLATURE AND ITS ACTIVITIES, AND THAT WOULD APPROPRIATE MONEYS TO THE CALIFORNIA SENIOR LEGISLATURE TO COVER THE COSTS OF DESIGNING THE SPECIAL LICENSE PLATE AND PROMOTING IT.
VOTE MAJORITY.
SP 8: RELATING TO VEHICLES.
WHEREAS, THE CALIFORNIA SENIOR LEGISLATURE DEPENDS ON DONATIONS FROM THE YEARLY CHECK-OFF BOX ON THE CALIFORNIA STATE INCOME TAX FORM FOR ITS SURVIVAL, AND OTHER NONPROFIT ORGANIZATIONS HAVE BENEFITED FROM THE ISSUANCE OF VARIOUS SPECIAL LICENSE PLATES AS A MEANS OF PROVIDING FINANCIAL SUPPORT FOR THEIR ACTIVITIES; AND
WHEREAS, SENIORS ACROSS THE STATE OF CALIFORNIA ARE INCREASINGLY FINDING FIXED INCOMES INADEQUATE TO COPE WITH CALIFORNIA’S RISING COST OF LIVING; AND
WHEREAS, LOW-INCOME SENIORS ARE AT AN INCREASED RISK OF GOING HUNGRY AND OFTEN LACK THE SUPPORT NETWORKS NECESSARY FOR RELIABLE FOOD SECURITY; AND
WHEREAS, LOW-INCOME SENIORS MAY BECOME HOMELESS, WHICH IS PARTICULARLY DEVASTATING TO VULNERABLE PEOPLE LIKE SENIORS; AND
WHEREAS, THE MONEY RECEIVED FROM THE CALIFORNIA FUND FOR SENIOR CITIZENS IS INSUFFICIENT TO PROVIDE FINANCIAL SUPPORT TO THE CALIFORNIA SENIOR LEGISLATURE; AND
WHEREAS, THE DEPARTMENT OF MOTOR VEHICLES ISSUES SPECIAL LICENSE PLATES FOR THE BENEFIT OF, AMONG OTHER THINGS, ACTIVITIES SUPPORTED BY VARIOUS NONPROFIT ORGANIZATIONS AND, GIVEN THE STATE OF THE ECONOMY, MONEYS FROM AN ADDITIONAL SOURCE WOULD BE HELPFUL IN ALLEVIATING THE FINANCIAL NEEDS OF THE CALIFORNIA SENIOR LEGISLATURE; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE DEPARTMENT OF MOTOR VEHICLES BE REQUIRED TO ISSUE A SPECIAL LICENSE PLATE FOR THE FINANCIAL SUPPORT OF LOW-INCOME AND HOMELESS SENIORS AND OF THE CALIFORNIA SENIOR LEGISLATURE AND ITS ACTIVITIES; AND BE IT FURTHER
RESOLVED, THAT THE LEGISLATURE APPROPRIATE MONEYS TO THE CALIFORNIA SENIOR LEGISLATURE TO COVER THE COSTS OF DESIGNING THE SPECIAL LICENSE PLATE AND PROMOTING IT; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716780 SP 12
INTRODUCED BY SENIOR SENATOR BORTEL
Legislative Counsel’s Digest
SP 12: CAREGIVER AND FIRST RESPONDER COMMUNICATION WITH PERSONS SUFFERING FROM DEMENTIA OR OTHER MENTAL ILLNESSES: STATE CARD.
UNDER EXISTING LAW, THE CALIFORNIA DEPARTMENT OF AGING IS ESTABLISHED WITHIN THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY WITH THE MISSION OF PROVIDING LEADERSHIP TO AREA AGENCIES ON AGING IN DEVELOPING SYSTEMS OF HOME- AND COMMUNITY-BASED SERVICES THAT MAINTAIN INDIVIDUALS IN THEIR HOMES OR LEAST RESTRICTIVE HOMELIKE ENVIRONMENTS. UNDER EXISTING LAW, THE DEPARTMENT IS RESPONSIBLE FOR ACTIVITIES THAT PROMOTE THE DEVELOPMENT, COORDINATION, AND UTILIZATION OF RESOURCES TO MEET THE LONG-TERM CARE NEEDS OF OLDER INDIVIDUALS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE AN APPROPRIATE STATE AGENCY TO CREATE A CARD BASED ON THE “DETECT AND CONNECT” CARD USED WITHIN THE COUNTY OF MARIN THAT CONTAINS INFORMATION ABOUT HOW TO COMMUNICATE WITH A PERSON SUFFERING FROM DEMENTIA OR OTHER MENTAL ILLNESSES AND A LIST OF TELEPHONE NUMBERS TO CONTACT IF ELDER ABUSE IS SUSPECTED. THE MEASURE WOULD RECOMMEND THAT $500,000 BE APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT OF AGING TO DISTRIBUTE THE CARD TO COUNTY BEHAVIORAL HEALTH AND RECOVERY SERVICES, NURSING HOMES, RESIDENTIAL CARE FACILITIES FOR THE ELDERLY, HOSPITALS, IN-HOME SUPPORTIVE SERVICE WORKERS, OTHER CAREGIVERS, AND FIRST RESPONDERS, SUCH AS PARAMEDICS, FIRE DEPARTMENTS, AND POLICE DEPARTMENTS.
VOTE MAJORITY.
SP 12: RELATING TO CAREGIVER AND FIRST RESPONDER COMMUNICATION WITH PERSONS SUFFERING FROM DEMENTIA OR OTHER MENTAL ILLNESSES
WHEREAS, EDUCATING CAREGIVERS AND FIRST RESPONDERS, RATHER THAN ONLY MENTAL HEALTH PROFESSIONALS, CAN GO A LONG WAY TOWARD FOSTERING A WIDER UNDERSTANDING OF COMMUNICATION WITH THE PEOPLE THEY ARE TRYING TO HELP. MANY PEOPLE WITH DEMENTIA OR OTHER MENTAL ILLNESSES DO NOT COMPREHEND ORDINARY DAY-TO-DAY COMMUNICATION; AND
WHEREAS, AS LIFE EXPECTANCY CONTINUES TO GROW, MORE PEOPLE WILL SUFFER FROM ALZHEIMER’S DISEASE, DEMENTIA, AND OTHER MENTAL ILLNESSES. AT 85 YEARS OF AGE, 45 PERCENT OF CALIFORNIANS WILL HAVE ALZHEIMER’S DISEASE. ALTHOUGH THE NATIONAL INSTITUTES OF HEALTH SPENDS HUNDREDS OF MILLIONS OF DOLLARS TOWARD RESEARCH, THE MAGIC PILL IS ELUSIVE AND DOES NOT APPEAR TO BE ON THE HORIZON. THUS, WE MUST COPE WITH OUR FAMILY MEMBERS AND COMMUNITY MEMBERS WHO DO NOT FUNCTION ON THE SAME LEVEL OF REALITY THEY DID IN THE PAST. WE SHOULD NOT AVOID COMMUNICATION WITH OUR LOVED ONES AND OTHERS IN OUR CARE BECAUSE THERE ARE NO TOOLS TO TRAIN US TO PROPERLY CONNECT WITH THEM. THIS COMMUNICATION BARRIER HAS BEEN IDENTIFIED AS A CAUSE OF UNINTENTIONAL STRESS, ABERRANT BEHAVIOR, ANGER, UNNECESSARY CONFINEMENT, OR LEGAL ACTIONS SUCH AS ARRESTS OR FINES; AND
WHEREAS, THE AGING ACTION INITIATIVE, A TASK FORCE WITHIN THE COUNTY OF MARIN GEARED TOWARD BRINGING NONPROFIT ORGANIZATIONS AND PUBLIC ENTITIES TOGETHER TO HELP SENIORS, HAS DEVELOPED THE “DETECT AND CONNECT” COMMUNICATIONS CARD TO BRIDGE THE WELL-RECOGNIZED COMMUNICATION GAP WITH PEOPLE SUFFERING FROM DEMENTIA OR OTHER MENTAL ILLNESSES; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT AN APPROPRIATE STATE AGENCY CREATE A CARD BASED ON THE “DETECT AND CONNECT” CARD USED WITHIN THE COUNTY OF MARIN. THE CARD SHALL CONTAIN INFORMATION ABOUT HOW TO COMMUNICATE WITH A PERSON SUFFERING FROM DEMENTIA OR OTHER MENTAL ILLNESSES AND A LIST OF TELEPHONE NUMBERS TO CONTACT IF ELDER ABUSE IS SUSPECTED. IT IS FURTHER RECOMMENDED THAT $500,000 BE APPROPRIATED FROM THE GENERAL FUND TO THE CALIFORNIA DEPARTMENT OF AGING TO DISTRIBUTE THE CARD TO COUNTY BEHAVIORAL HEALTH AND RECOVERY SERVICES, NURSING HOMES, RESIDENTIAL CARE FACILITIES FOR THE ELDERLY, HOSPITALS, IN-HOME SUPPORTIVE SERVICE WORKERS, OTHER CAREGIVERS, AND FIRST RESPONDERS, SUCH AS PARAMEDICS, FIRE DEPARTMENTS, AND POLICE DEPARTMENTS; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
SENATE
STATE & LOCAL GOVERNMENT
COMMITTEE
RN1716711 SP 3
INTRODUCED BY SENATOR WALKER
Legislative Counsel’s Digest
SP 3: MEDI-CAL: LONG-TERM CARE: PERSONAL NEEDS ALLOWANCE.
EXISTING LAW ESTABLISHES THE MEDI-CAL PROGRAM, WHICH IS ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH CARE SERVICES, UNDER WHICH PUBLIC ASSISTANCE RECIPIENTS AND OTHER QUALIFIED LOW-INCOME PERSONS ARE PROVIDED WITH HEALTH CARE SERVICES.
UNDER EXISTING LAW, CERTAIN AGED, BLIND, AND DISABLED MEDI-CAL RECIPIENTS ARE REQUIRED TO PAY A SHARE OF COST AS A CONDITION OF ELIGIBILITY, WITH THE SHARE OF COST DETERMINED IN ACCORDANCE WITH SPECIFIED REQUIREMENTS. EXISTING LAW GENERALLY REQUIRES A MEDI-CAL RECIPIENT RESIDING IN A NURSING HOME TO PAY TO THE NURSING FACILITY, AS HIS OR HER SHARE OF COST, HIS OR HER MONTHLY INCOME, LESS A PERSONAL NEEDS ALLOWANCE OF $35.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD INCREASE THE PERSONAL NEEDS ALLOWANCE FROM $35 TO $81.12 PER MONTH AND ANNUALLY ADJUST THE PERSONAL NEEDS ALLOWANCE BY THE SAME PERCENTAGE AS THE CONSUMER PRICE INDEX.
VOTE MAJORITY.
SP 3: RELATING TO MEDI-CAL PERSONAL NEEDS ALLOWANCE
WHEREAS, THE STATE DEPARTMENT OF HEALTH CARE SERVICES (DHCS) ADMINISTERS THE MEDI-CAL PROGRAM TO PROVIDE HEALTH CARE SERVICES TO QUALIFIED LOW-INCOME PERSONS, INCLUDING AGED, BLIND, OR DISABLED INDIVIDUALS; AND
WHEREAS, EXISTING LAW AUTHORIZES DHCS TO ESTABLISH A PERSONAL NEEDS ALLOWANCE FOR RESIDENTS IN A SKILLED NURSING FACILITY OF NOT LESS THAN $35 PER MONTH FOR PERSONAL AND INCIDENTAL NEEDS, AND TO INCREASE THAT PERSONAL NEEDS ALLOWANCE AS NECESSARY; AND
WHEREAS, THE PERSONAL NEEDS ALLOWANCE IS CRUCIAL TO ENHANCING THE QUALITY OF LIFE OF RESIDENTS IN SKILLED NURSING FACILITIES BY COVERING THE COSTS OF PERSONAL AND INCIDENTAL NEEDS, INCLUDING, AMONG OTHER THINGS, HAIRCUTS, CLOTHING, SHOES, PERSONAL CARE ITEMS, READING MATERIALS, AND POSTAGE; AND
WHEREAS, CALIFORNIA’S PERSONAL NEEDS ALLOWANCE WAS LAST SET IN 1984 AT $35 PER MONTH, BUT RESIDENTS IN SKILLED NURSING FACILITIES HAVE NOT RECEIVED A COST-OF-LIVING INCREASE SINCE 1984, EVEN WHILE THE RATE OF INFLATION OVER THE LAST 33 YEARS IS 132 PERCENT; AND
WHEREAS, AN INCREASE IN THE PERSONAL NEEDS ALLOWANCE TO $81.12 WILL BE PARTIALLY REIMBURSED BY THE FEDERAL GOVERNMENT AND WILL, THEREFORE, INCREASE FEDERAL SPENDING IN CALIFORNIA. THIS, IN TURN, WILL BENEFIT CALIFORNIA’S ECONOMY; 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE MEDI-CAL PERSONAL NEEDS ALLOWANCE BE INCREASED FROM $35 TO $81.12 PER MONTH; AND BE IT FURTHER
RESOLVED, THAT THEREAFTER THE MEDI-CAL PERSONAL NEEDS ALLOWANCE SHOULD BE ADJUSTED ANNUALLY BY THE SAME PERCENTAGE AS THE CONSUMER PRICE INDEX; 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.
RN1716714 SP 4
INTRODUCED BY SENIOR SENATOR STEIR
Legislative Counsel’s Digest
SP 4: BUILDING STANDARDS: STAIRCASE HANDRAILS.
UNDER EXISTING LAW, BUILDINGS, RESIDENCES, AND DWELLINGS ARE SUBJECT TO VARIOUS CONSTRUCTION AND RENOVATION STANDARDS AND REGULATIONS. EXISTING LAW EXEMPTS CERTAIN STRUCTURES FROM THOSE STANDARDS AND REGULATIONS IF THE STRUCTURES WERE CONSTRUCTED BEFORE A SPECIFIC DATE.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE ALL STAIRCASES IN BUILDINGS OPEN TO THE PUBLIC TO BE EQUIPPED WITH HANDRAILS, WITHOUT EXCEPTION.
VOTE MAJORITY.
SP 4: RELATING TO BUILDING STANDARDS
WHEREAS, THERE ARE MANY PUBLIC BUILDINGS SUBJECT TO AN EXEMPTION FROM THE CALIFORNIA BUILDING CODE STANDARDS THAT REQUIRE HANDRAILS IN STAIRCASES; AND
WHEREAS, PUBLIC BUILDINGS WITH STAIRCASES THAT LACK ADEQUATE HANDRAILS INCLUDE, BUT ARE NOT LIMITED TO, THE OAKLAND COLISEUM, AT&T PARK IN SAN FRANCISCO, THE DRESS CIRCLE LEVEL OF THE SAN FRANCISCO WAR MEMORIAL OPERA HOUSE, AND THE SAN FRANCISCO AMERICAN CONSERVATORY THEATER (A.C.T.); AND
WHEREAS, FALLING DOWN STAIRS IS A MAJOR CAUSE OF INJURY, AND SOMETIMES DEATH, ESPECIALLY AMONG SENIORS; AND
WHEREAS, SENIORS ARE AT GREAT RISK OF FALLING DOWN STAIRCASES THAT LACK HANDRAILS; AND
WHEREAS, PUBLIC STAIRWAYS WITHOUT HANDRAILS CONSTITUTE A PUBLIC SAFETY HAZARD; AND
WHEREAS, HANDRAILS SHOULD BE INSTALLED IN ALL STAIRCASES, REGARDLESS OF WHEN THE STAIRWAYS WERE FIRST BUILT; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT LEGISLATION AND REFORMS BE ENACTED THAT WOULD REQUIRE ALL STAIRCASES IN BUILDINGS OPEN TO THE PUBLIC TO BE EQUIPPED WITH HANDRAILS WITHOUT EXCEPTION; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716774 SP 6
INTRODUCED BY SENIOR SENATOR PLASENCIA
(COAUTHOR: SENIOR ASSEMBLY MEMBER GARCIA)
Legislative Counsel’s Digest
SP 6: PARKING LOTS: MARKERS.
UNDER EXISTING LAW, A PARKING LOT PROPERTY OWNER IS NOT REQUIRED TO MARK INDIVIDUAL PARKING SPACES AND ROWS OF PARKING SPACES BY LETTERS OR NUMBERS TO MAKE THEM EASIER TO LOCATE.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE PROPERTY OWNER OF A COMMERCIAL OR PRIVATELY OWNED NONRESIDENTIAL PARKING LOT CONTAINING 100 OR MORE SPACES, IN ORDER TO PREVENT DISORIENTATION AND STRESS, TO MARK INDIVIDUAL PARKING SPACES AND ROWS OF PARKING SPACES WITH LETTERS OR NUMBERS TO MAKE THE PARKING SPACES EASIER TO LOCATE.
VOTE MAJORITY.
SP 6: RELATING TO PARKING LOTS: MARKINGS
WHEREAS, GENERALLY, PARKING LOTS AT GROCERY STORES AND OTHER LARGE RETAIL BUSINESSES DO NOT HAVE LETTERS OR NUMBERS LABELING PARKING SPACES AND ROWS; AND
WHEREAS, THE LACK OF LABELS ON PARKING SPACES AND ROWS HAS RESULTED IN PERSONS OF ALL AGES, BUT SENIORS ESPECIALLY, WANDERING UP AND DOWN THE ROWS FOR LONG AMOUNTS OF TIME LOOKING FOR THEIR CARS WHILE FEELING CONFUSED AND STRESSED; AND
WHEREAS, THE ABSENCE OF LABELS ON PARKING SPACES AND ROWS ALSO MAKES IT DIFFICULT FOR A PERSON TO ORIENT HIMSELF OR HERSELF UPON EXITING A LARGE RETAIL STORE; AND
WHEREAS, IT IS IMPORTANT FOR RETAIL CUSTOMERS WITH FULL CARTS OR HEAVY BAGS TO BE ABLE TO CONVENIENTLY LOCATE THEIR CARS; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION THAT WOULD REQUIRE THE PROPERTY OWNER OF A COMMERCIAL OR PRIVATELY OWNED NONRESIDENTIAL PARKING LOT CONTAINING 100 OR MORE SPACES, IN ORDER TO PREVENT DISORIENTATION AND STRESS, TO MARK INDIVIDUAL PARKING SPACES AND ROWS OF PARKING SPACES WITH LETTERS OR NUMBERS TO MAKE THE PARKING SPACES EASIER TO LOCATE; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN1716775 SP 7
INTRODUCED BY SENIOR SENATOR MOLNAR
Legislative Counsel’s Digest
SP 7: MOLNAR. FINANCIAL ELDER ABUSE: REPORTING.
EXISTING LAW, THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT, REQUIRES CERTAIN PARTIES AND INSTITUTIONS, KNOWN AS MANDATED REPORTERS, TO REPORT IMMEDIATELY, OR AS SOON AS PRACTICABLY POSSIBLE, KNOWN OR SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT TO THE LOCAL LAW ENFORCEMENT AGENCY, AS SPECIFIED. EXISTING LAW REQUIRES A CIVIL PENALTY TO BE IMPOSED FOR THE FAILURE TO REPORT THE FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT. EXISTING LAW, THE MONEY TRANSMISSION ACT, PROVIDES FOR THE LICENSURE AND REGULATION OF CERTAIN PERSONS ENGAGED IN THE BUSINESS OF MONEY TRANSMISSION.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AMEND THE DEFINITION OF “MANDATORY REPORTERS OF SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT” TO INCLUDE THE OFFICERS AND EMPLOYEES OF BUSINESSES LICENSED UNDER THE MONEY TRANSMISSION ACT FOR WIRE OR MONEY TRANSFERS, AND THAT WOULD INCREASE PENALTIES, INCLUDING PROVIDING FOR FULL REIMBURSEMENT OF LOSSES, FOR OFFICERS OR EMPLOYEES OF THESE BUSINESSES WHO FAIL TO REPORT AS REQUIRED.
VOTE MAJORITY.
SP 7: RELATING TO FINANCIAL ELDER ABUSE
WHEREAS, MANY SCAMS TARGETING ELDERS INVOLVE TRANSFERRING MONEY THROUGH BUSINESSES ENGAGED IN WIRE SERVICES, MONEY TRANSFER SERVICES, AND PREPAID CREDIT OR DEBIT CARD SERVICES; AND
WHEREAS, THESE SCAMS RELY ON THE USE OF WIRE OR MONEY TRANSFER SERVICES BY BUSINESSES THAT ARE REQUIRED TO BE LICENSED UNDER THE MONEY TRANSMISSION ACT (DIVISION 1.2 (COMMENCING WITH SECTION 2000) OF THE FINANCIAL CODE); AND
WHEREAS, THE OFFICERS AND EMPLOYEES OF THESE SERVICES ARE NOT CURRENTLY INCLUDED AS MANDATED REPORTERS UNDER THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT (CHAPTER 11 (COMMENCING WITH SECTION 15600) OF PART 3 OF DIVISION 9 OF THE WELFARE AND INSTITUTIONS CODE); AND
WHEREAS, MANDATED REPORTERS ARE REQUIRED TO REPORT KNOWN OR SUSPECTED FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT IMMEDIATELY, OR AS SOON AS PRACTICABLY POSSIBLE, TO THE LOCAL ADULT PROTECTIVE SERVICES AGENCY OR THE LOCAL LAW ENFORCEMENT AGENCY; AND
WHEREAS, WIRE OR MONEY TRANSFER SERVICES ARE FREQUENTLY USED BY THE PERPETRATORS OF THESE SCAMS TO TRANSFER FUNDS FROM ELDERS; AND
WHEREAS, FUNDS TRANSFERRED THROUGH THESE WIRE OR MONEY TRANSFER SERVICES ARE OFTEN LOST FOREVER, MAKING IT DIFFICULT TO REIMBURSE VICTIMS; AND
WHEREAS, THERE IS NO APPLICABLE PENALTY SCHEME PROPORTIONAL TO THE EGREGIOUS NATURE OF THIS FINANCIAL ABUSE; AND
WHEREAS, THE STATE OF CALIFORNIA HAS THE LARGEST POPULATION OF ELDER RESIDENTS, AND THE UNITED STATES CENSUS BUREAU PROJECTS THAT THE ELDER POPULATION IN CALIFORNIA WILL INCREASE FROM 3.7 MILLION TO 6.4 MILLION WITHIN THE NEXT 20 YEARS; AND
WHEREAS, THE INCREASE IN THE ELDER POPULATION COMBINED WITH THE AMOUNT OF WEALTH CONCENTRATED WITHIN THE “BABY BOOMER” GENERATION CREATES SIGNIFICANT OPPORTUNITY FOR FINANCIAL ELDER ABUSE; AND
WHEREAS, RECENTLY, WIRE SERVICE AND MONEY TRANSFER BUSINESS PRACTICES RESULTED IN A $586-MILLION SETTLEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL TRADE COMMISSION, AND VARIOUS UNITED STATES ATTORNEYS’ OFFICES, INCLUDING THE UNITED STATES ATTORNEY’S OFFICE FOR THE CENTRAL DISTRICT OF CALIFORNIA FOR FAILING TO MAINTAIN AN EFFECTIVE ANTI-MONEY LAUNDERING PROGRAM AND AIDING AND ABETTING WIRE FRAUD; AND
WHEREAS, BECAUSE WIRE AND MONEY TRANSFER SERVICES ARE USED TO PERPETUATE FRAUD AGAINST ELDERS, ENACTING PROVISIONS TO REQUIRE THOSE BUSINESSES TO REPORT SUSPECTED ABUSE OF AN ELDER OR DEPENDENT ADULT IS ESSENTIAL TO REMEDY OR PREVENT HARM; AND
WHEREAS, THE 2015 TRUE LINK REPORT ON FINANCIAL ELDER ABUSE FOUND THAT ELDERS LOSE $36.48 BILLION EACH YEAR TO FINANCIAL ABUSE, WHICH IS 12 TIMES MORE THAN PREVIOUSLY REPORTED; AND
WHEREAS, MANY CASES OF FINANCIAL ELDER ABUSE GO UNREPORTED BECAUSE THE VICTIMS SUFFER FROM COGNITIVE IMPAIRMENT AND ARE UNAWARE OF WHAT IS HAPPENING OR ARE EMBARRASSED AND DO NOT WANT TO ADMIT THE ABUSE TO FAMILY; AND
WHEREAS, INCLUDING OFFICERS AND EMPLOYEES OF BUSINESSES LICENSED UNDER THE MONEY TRANSMISSION ACT FOR WIRE AND MONEY TRANSFER SERVICES AS MANDATED REPORTERS OF FINANCIAL ELDER ABUSE WOULD REQUIRE THOSE INDIVIDUALS TO REPORT FINANCIAL ABUSE TO THE PROPER AUTHORITIES AND WOULD SUBJECT THOSE INDIVIDUALS TO PENALTIES FOR FAILURES TO REPORT INSTANCES OF FINANCIAL ELDER ABUSE; AND
WHEREAS, WHEREAS, CURRENT PENALTIES UNDER THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT ARE INSUFFICIENT TO PREVENT FINANCIAL INSTITUTIONS FROM FAILING TO REPORT FINANCIAL ELDER 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 2017 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT (1) BUSINESSES LICENSED UNDER THE MONEY TRANSMISSION ACT (DIVISION 1.2 (COMMENCING WITH SECTION 2000) OF THE FINANCIAL CODE) FOR WIRE OR MONEY TRANSFER SERVICES BE ADDED TO THE DEFINITION OF FINANCIAL INSTITUTIONS SUBJECT TO MANDATORY REPORTING UNDER THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT (2)PENALTIES FOR FINANCIAL INSTITUTIONS THAT FAIL TO REPORT FINANCIAL ABUSE BE INCREASED; AND (3) FINANCIAL INSTITUTIONS THAT FAIL TO REPORT ELDER FINANCIAL ABUSE BE LIABLE FOR FULL REIMBURSEMENT OF FINANCIAL LOSSES SUFFERED AS A RESULT OF FINANCIAL ELDER ABUSE; 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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