Legislation Tracking

Document Sample
Legislation Tracking Powered By Docstoc
					                                                             Legislation Tracking
                                                                     2011

                     These bills can be viewed in their entirety at:             http://www.leginfo.ca.gov/bilinfo.html

       Bill Number                  Subject Matter                   Amendments, Analysis and/ or          Status         OUTCOME
       Author/Title/                                                     Recommendations
      Date introduced

1.   AB 332                This bill would increase the            Amended to read as in Subject matter.                  LAW
                           maximum fines for those offenses
     Butler /Elder         to$2,500 if the value of the assets                                                            Signed &
                           taken is less than $950, to$5,000 if
     abuse/2/10/11         the value of the assets taken exceeds
                                                                                                                          chaptered
                           $950 but does not exceed $100,000,
                           and to $25,000 if the value of the
                           assets taken exceeds $100,000 . The                                                            9/30/11
                           bill would make other technical,
                           nonsubstantive changes.

2.   AB 354                Modifies Probate Code section 859                                                              LAW
                           –: “The remedy provided in this
     Silva/Estates and     section shall be in addition                                                                   Signed 7/29,
     trusts: property:      to any other remedies available in
     wrongful taking./     law to a trustee, guardian or
                                                                                                                          chaptered 7/1
     2/10/11               conservator, or personal
                           representative or other successor in
                           interest of a decedent”. Existing
                           law allows a person (who has stolen
                           assets) to be liable for twice the
                           value of the property.
       Bill Number                   Subject Matter                    Amendments, Analysis and/ or             Status   OUTCOME
       Author/Title/                                                       Recommendations
      Date introduced

3.   AB 367                This bill would require APS or a          According to the author, "This bill is a            First hearing
                           local law enforcement agency to           simple fix that eases the reporting
     Smyth/Elder abuse:    accept a report by a mandated             burden on mandated reporters” “the                  canceled by
     reporting/            reporter, or any other person, of         reporters may be sent from agency to
     2/14/11               suspected elder or dependent adult        agency, forced to navigate local and
                                                                                                                         author, 4/12
                           abuse even if the agency lacks            county bureaucracies. This confusion
                           jurisdiction to investigate the report,   presents an unnecessary and
                           unless the call can be immediately        burdensome obstruction for reporters
                           transferred to an agency with proper      who simply want to do the right thing.”
                           jurisdiction. This bill would also
                           require a county APS or a local law
                           enforcement agency that lacks
                           jurisdiction to immediately refer the
                           report of suspected abuse by
                           telephone, facsimile, or electronic
                           transmission to an agency with
                           proper jurisdiction. By requiring
                           APS and local law enforcement
                           agencies to provide a higher level of
                           service, this bill would impose a
                           state-mandated local program.
4.   SB 558                Existing law provides for the award       Amendment: Section 3294 of the Civil                Held in
                           of attorney's fees and costs, and         Code regarding the imposition of
     Simitian /Elder and   damages, to a plaintiff when it is        punitive damages on an employer based               committee
     dependent adults:     proven by clear and convincing            upon the acts of an employee shall be
     abuse                 evidence that a defendant is liable       Satisfied before any punitive damages
                                                                                                                         8/25
     or neglect:           for physical abuse or neglect of an       may be imposed against an employer
     damages/ . 2/17/11    elder or dependent adult and the          found liable for physical abuse, as
                           defendant has also been guilty of         defined by Section 15610.63, or
       Bill Number               Subject Matter                  Amendments, Analysis and/ or            Status   OUTCOME
       Author/Title/                                                 Recommendations
      Date introduced

                        recklessness, oppression, fraud, or    neglect, as defined by Section
                        malice in the commission of the
                        abuse. This bill would revise these    15610.57. This subdivision shall not
                        provisions to change the standard of
                        proof to a preponderance of the        apply to the recovery of compensatory
                        evidence.
                                                               damages or the award of attorney's fees

                                                               and costs.

5.   AB 518             Existing law, the Elder Abuse and    Would eliminate financial                            6/6/11
                        Dependent Adult Civil Protection
     Wagner             Act, establishes procedures for the  institutions as mandated reporters                   Hearing
     Elder abuse:       reporting, investigation, and
     mandated           prosecution of elder and dependent   repeal date. Similar to SB 33                        postponed in
                        adult abuse, including, but not
     reporting/
                        limited to financial abuse, as
     2/15/11            defined. These procedures require                                                         committee
                        persons, defined as mandated
                        reporters, to report known or
                        suspected instances of elder or
                        dependent adult abuse. A violation
                        of the reporting requirements by a
                        mandated reporter is a misdemeanor.
                        Existing law, which will be repealed
                        on January 1, 2013, defines who is a
                        mandated reporter of suspected
                        financial abuse of an elder or
                        dependent adult. A violation of the
       Bill Number                  Subject Matter                   Amendments, Analysis and/ or             Status   OUTCOME
       Author/Title/                                                     Recommendations
      Date introduced

                          financial abuse reporting
                          requirements is subject to civil
                          penalties. This bill would delete the
                          January 1, 2013, repeal date.

6.   AB 699               This bill would, until January 1,        Analysis: SYNOPSIS                                  7/5/11 Failed
                          2017, create the revocable transfer
                          on death deed (revocable TOD             This bill, following recommendations                to pass out of
     Wagner /             deed), as defined, which would           by the California Law Revision
     Nonprobate           transfer real property on the death of   Commission (CLRC), allows owners of
                                                                                                                       committee
                          its owner without a probate              real property, until January 1, 2017, to
     transfers:           proceeding. The bill would require       transfer their property upon death,
     revocable transfer   that a person have testamentary          outside the normal probate procedure,
     upon death deeds./   capacity to make or revoke the deed      through a written instrument known as a
     2/17/11              and would require that the deed be       "revocable transfer upon death deed"
                          in a statutory form provided for this    (RTDD). Very similar bills - AB 250
                          purpose. The revocable TOD deed          (DeVore, 2007) and AB 724 (DeVore,
                          must be signed, dated,                   2009-10) - unanimously passed out of
                          acknowledged, and recorded, as           this Committee and the Assembly, but
                          specified, to be effective. The bill     failed passage in the Senate. In 2005,
                          would provide, among other things,       legislation directed the CLRC to study
                          that the deed, during the owner's        California's non-probate transfer
                          life, does not affect his or her         provisions, as well as beneficiary deeds
                          ownership rights and, specifically, is   in other states, in order to determine
                          part of the owner's estate for the       whether California should enact
                          purpose of Medi-Cal eligibility and      legislation statutorily creating a
                          reimbursement. The bill would void       beneficiary deed. In recommending
                          a revocable TOD deed if, at the time     creation of an RTDD in California, the
                          of the owner's death, the property is    CLRC balanced the generally positive,
 Bill Number                Subject Matter                    Amendments, Analysis and/ or              Status   OUTCOME
 Author/Title/                                                    Recommendations
Date introduced

                  titled in joint tenancy or as             although quite limited, experience of
                  community property with right of          other states, the need for a simple, low-
                  survivorship. The bill would              cost method of conveying real property
                  establish priorities for creditor         with the very real concerns of possible
                  claims against the owner and the          misuse or abuse raised by opponents of
                  beneficiary of the deed in                the RTDD.
                  connection with the property
                  transferred and limits on the liability
                  of the beneficiary. The bill would
                  establish a process for contesting the
                  transfer of real property by a
                  revocable TOD deed. The bill would
                  also make conforming and technical
                  changes. The bill would require the
                  California Law Revision
                  Commission to study and make
                  recommendations regarding the
                  revocable TOD deed to the
                  Legislature by January 1, 2016 .
            Bill Number                  Subject Matter                    Amendments, Analysis and/ or             Status   OUTCOME
            Author/Title/                                                      Recommendations
           Date introduced

     7.   AB 1288               This bill would extend the authority     This includes trust assets under Probate            LAW
                                of a public guardian or conservator
          Gordon                to take temporary possession of          Code 2900 & 2901 and extends the time               Signed &
          /Public guardians     property, and the corresponding
          and conservators:     obligation of a financial institution    from 15 days to 30 days.
                                                                                                                             chaptered
          authority: property   or other person to provide property,
          held in trust./       as described above, to property held
                                in trust for a potential ward or                                                             9/30/11
          2/18/11
                                conservatee. The bill extends to 30
                                days the period that the written
                                certification issued for purposes of
                                taking possession or control of
                                property is effective.

8.        SB 718                This bill would authorize the            Allows electronic elder abuse                       LAW
                                required reports to be submitted
              Vargas/Elder      through a confidential Internet          reporting if tool was created.                      Signed &
              abuse:            reporting tool, if the county or long-
              mandated          term care ombudsman implements
                                                                                                                             chaptered
              reporting./       such a system , and would require a
              2/18/11           county or long-term care
                                ombudsman program that chooses to                                                            9/30/11
                                implement this system to report
                                specified information to the
                                appropriate policy committees of the
                                Legislature one year after full
                                implementation .
     Bill Number                Subject Matter                    Amendments, Analysis and/ or               Status   OUTCOME
     Author/Title/                                                    Recommendations
    Date introduced

10 AB 138              The Mello-Granlund Older                 1) Defines the Elder Index as an index                To
                       Californians Act creates the             that quantifies the costs that elders face
   Beall/Elder         California Department of Aging,          in meeting their basic needs, including,              engrossing
   Economic Planning   with prescribed duties, including the    but not limited to, food, shelter, health
   Act of 2011.        development of the state plan on         care, transportation, utilities, and
                                                                                                                      and enrolling
   1/13/11             aging. This bill would require, if       essential household items, in the private
                       specified conditions are met, the        market.
                       department to report data from the       2) Specifies that the Elder Index is                  9/6
                       Elder Economic Security Standard         updated biennially by the University of
                       Index (Elder Index), as defined, for     California, Los Angeles Center for
                       each service area included in the        Health Policy Research, using publicly
                       state plan. The act also establishes     available data sources on the costs to
                       area agencies on aging with              live in each county of the state.
                       specified duties, including creation     3) Requires CDA to report the Elder
                       of a plan for the agencies that          Index data for each service area in its
                       considers available data and             State Plan if the Elder Index is updated
                       population trends, assesses the need     and made available to the department.
                       for services, identifies sources of      4) Requires each Area Plan developed
                       funding for services, and develops       by an AAA to use the Elder Index and
                       and implements a plan for the            specify the costs of meeting basic needs
                       delivery of services based on the        for elders in each AAA, and specify the
                       need. This bill would require, if        number or percentage of elders that are
                       specified conditions are met, that the   living at or below the Elder Index if
                       plan utilize the Elder Index to          Elder Index is updated and made
                       specify the cost of meeting basic        available to the AAA.
                       needs for elders in each planning        5) Requires AAA's to use the Elder
                       and service area, and identify the       Index to track the progress of
                       number or percentage of elders           participants in the state-administered
                       living at or below the Elder Index.      Senior and Community Service
     Bill Number                   Subject Matter                   Amendments, Analysis and/ or            Status   OUTCOME
     Author/Title/                                                      Recommendations
    Date introduced

                          The federal Older Americans Act         Employment Program (SCSEP) if the
                          provides for various programs,          Elder Index is updated and made
                          including the Senior Community          available to the AAA.
                          Service Employment Program              6) Specifies that nothing in this bill
                          (SCSEP), an employment and              shall be construed to mandate changes
                          training program for employed, low-     in the current funding allocations to
                          income seniors. This program is         AAA's or, based on the use of the Elder
                          locally administered by area            Index, affect means-tested programs
                          agencies on aging. This bill would      administered through the Mello-
                          require, if specified conditions are    Granlund Older Californians Act.
                          met, that the area agencies on aging     7) Makes various technical and
                          use the Elder Index to track state-     grammatical changes.
                          administered SCSEP participants
                          progress toward economic
                          sustainability.
11 AB 4                   This bill would require the bureau to   Addresses the potential of Bio                     Held under
                          license and regulate, as specified,     Cremation.
   Miller. Human          hydrolysis facilities and hydrolysis                                                       submission
   remains: hydrolysis.   facility managers, as defined, and
   12/6/10                would enact requirements
                          substantially similar to those
                          applicable to crematoria. By
                          expanding the definition of crimes
                          relating to the disposition of human
                          remains and creating new crimes,
                          this bill would impose a state-
                          mandated local program.
     Bill Number                   Subject Matter                    Amendments, Analysis and/ or          Status   OUTCOME
     Author/Title/                                                       Recommendations
    Date introduced

12 AB 40                 Existing law requires a mandated          Basically to get around the                      Held in
                         reporter to report a known or
   Yamada/               suspected instance of financial           Ombudsman’s requirement to get client            committee
    Elder abuse:         abuse, to the local ombudsman or
   reporting.            the local law enforcement agency if       consent to report abuse to Law
                                                                                                                    6/2
   12/6/10               the elder or dependent adult resides
                         in a long-term care facility. This bill   Enforcement
                         would, instead, require the mandated
                         reporter to report the abuse to both
                         the local ombudsman and the local
                         law enforcement agency.

13 SB 33                 The Elder Abuse and Dependent             Removes 1/1/13 sunset of this law                LAW
                         Adult Civil Protection Act requires
   Simitian/ Elder and   persons, defined as mandated              making financial institutions                    Signed &
   dependent adult       reporters, to report known or
   abuse.                suspected instances of elder or
                                                                   mandated reporters.                              chaptered
   12/6/10               dependent adult abuse.
                           Existing law, until January 1,
                         2013, includes within these                                                                9/30/11
                         reporting requirements mandated
                         reporters of suspected financial
                         abuse, as defined, and, with certain
                         exceptions, makes failure to comply
                         with these requirements subject to a
                         civil penalty.
                           This bill would delete the January
                         1, 2013, repeal date.
       Bill Number             Subject Matter             Amendments, Analysis and/ or   Status   OUTCOME
       Author/Title/                                          Recommendations
      Date introduced

14   AB 1305            Increases the threshold value    Effects PA                               LAW
                        for formal probate proceedings                                            Signed &
                        from $100,000 to $150,000 and                                             chaptered
                        the threshold value for real
                        property (i.e. pieces of land,                                            In Effect
                        simple homes and timeshares)                                              1/1/2012
                        from $20,000 to $50,000.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:12
posted:4/11/2012
language:
pages:10