Senior Citizens' Issues

Seniors' Legislation

Seniors' Legislation

SB 70 (Escutia-D) In-home care workers for the elderly

Prohibits any person from providing services under the In-Home Supportive Services Program or personal care services under the Medi-Cal program unless he/she has submitted a request for a criminal history clearance and has had his/her fingerprints taken.

(Died in Senate Public Safety Committee)

SB 186 (Speier-D) Retired and Senior Volunteer Program

Appropriates $1.4 million from the General Fund to the State Department of Aging for allocation under the Retired and Senior Volunteer Program (RSVP). Stipulates that each of the 42 existing RSVP projects would receive an equal share of these funds.

(Died in Senate Appropriations Committee)

SB 309 (Ortiz-D) Continuing care retirement communities

Makes various changes to the law that governs Continuing Care Retirement Communities (CCRCs) and to the representation of residents to the CCRC provider's governing body.

Chapter 553, Statutes of 2002

SB 337 (Ortiz-D) Multipurpose senior services program benefits

Provides an annual standardized rate adjustment for the Multipurpose Senior Service Program, commensurate to the Consumer Price Index.

(Died in Senate Appropriations Committee)

SB 339 (Ortiz-D) Long-term health care facilities

Adds to the existing requirements long-term care facilities transferring a patient due to a change in the status of the license or operation of a long-term care facility must meet, including that the facility be responsible for ensuring that the resident's attending physician, if available, or a facility medical director, if available, completes the medical assessment of the resident's condition. Requires, instead of permits, the State Department of Health Services (DHS) to request that the State Attorney General's Office, or the local district attorney's office, seek injunctive relief and damages, if DHS does not provide or arrange for the provision of the necessary relocation services, and the facility refuses to provide the required relocation services.

Chapter 554, Statutes of 2002

SB 358 (Murray-D) The Rosa Parks Learning Center

Authorizes the California Science Center to establish the Rosa Parks Learning Center in Exposition Park in the City of Los Angeles. The learning center will include, among other things, a computer literacy program where preteenagers and teenagers furnish mentoring services to seniors and an afterschool program for the mentoring of youth.

(Died in Senate Appropriations Committee)

SB 427 (Perata-D) Adult day care funding

Provides statutory authority to the State Department of Aging to implement adult day care service program grants in underserved areas of the state.

(Died in Senate Appropriations Committee)

SB 854* (Brulte-R) Franchise and income tax laws: seniors' tax assistance

Continues, for 2001 and thereafter, the 150 percent increase in property tax relief for senior and disabled homeowners and renters.

(Died in Senate Revenue and Taxation Committee)

SB 922 (Soto-D) Prescription drugs: manufacturer rebate

Requires the State Health and Human Services Agency to implement a prescription drug program providing specified prescription drug coverage for Medicare-eligible persons with chronic illnesses.

(Died in Senate Appropriations Committee)

SB 936 (Margett-R) Mental health: adults and older adults

Requires the State Department of Mental Health to employ a full-time physician with geriatric experience to oversee, monitor, and provide advice to participating counties regarding services for older adults under the Adult and Older Adults Mental Health System of Care Act.

(Died in Senate Health and Human Services Committee)

SB 953 (Vasconcellos-D) Aging

Establishes the California Coordinated Elder Care and Involvement Act of 2002 and creates various programs to address the impacts the state faces, as the number of people in California 65 years and older doubles to more than 6.5 million by 2020.

Chapter 541, Statutes of 2002

SB 1062 (Chesbro-D) Long-term care: dual diagnoses program

Establishes a long-term health care program for persons with a dual diagnoses of serious mental disorder and a cognitive disorder such as delirium, dementia, or amnestic disorder, and requires any nursing facility to receive a state supplement in addition to basic nursing home rates, if specified conditions are met.

(Died in Senate Health and Human Services Committee)

SB 1063 (Chesbro-D) Developmental services: integrated community living

Requires the State Department of Developmental Services (DDS), in conjunction with the annual individual program plan review process, to collect data that would reflect whether any individual who currently resides in a developmental center may be supported in an integrated community setting. Also requires DDS to identify the specific living arrangements and support services that would facilitate the transition for each of the individuals eligible for services, as well as other related data.

(Died in Assembly Human Services Committee)

SB 1082 (Vasconcellos-D) Income taxes: designations: senior citizens

Replaces the requirement that the check-off for the California Fund for Senior Citizens must meet the $250,000 minimum contribution test beginning in 2001 with the requirement that it must meet the test beginning in 2003. Also contains intent language that the Legislature provide support to the California Senior Legislature through an appropriation and that this check-off will be removed from the tax form when that occurs.

(Died in Assembly Revenue and Taxation Committee)

SB 1613 (Dunn-D) Long-term care insurance

Clarifies that insurers may file new policy forms for long-term care policies for approval by the State Department of Insurance after January 1, 2003.

Chapter 675, Statutes of 2002

SB 1691* (Margett-R) Personal income taxes: long-term care

Allows a credit for 30 percent of the amount paid or incurred by the taxpayer for long-term care or long-term care insurance for the taxpayer or any parent of the taxpayer, up to $300 per taxpayer.

(Died in Senate Revenue and Taxation Committee)

SB 1803 (Scott-D) Elder and dependent adult abuse

Changes the word "fiduciary" to "financial" in Welfare and Institutions Code Section 15657, correcting a legislative oversight when provisions relating to financial abuse of the elderly were revised in 1998 and 2000.

(Died in Assembly Judiciary Committee)

SB 1804 (Escutia-D) Skilled nursing and intermediate care facilities

Applies existing provisions of law relating to background checks required for the management and direct care staff for specified intermediate care facilities, to skilled nursing facilities. Requires background checks for facility workers newly employed at the facility either directly through a vendor, contractor, or third party. Requires it to be unlawful for an employer to deduct from the wages earned by an employee, or to require an employee to pay, the fees associated with obtaining any required background investigation and clearance.

Vetoed by the Governor

SB 1824 (Ortiz-D) Long-term health care facilities

Revises the closure requirements for long-term health care facilities.

(Died in Assembly Health Committee)

SB 1875 (Karnette-D) Senior citizens property tax assistance

Deletes the requirement that applicants for the Senior Citizens Property Tax Assistance Program submit a copy of their property tax bill or rental statements and allows the State Franchise Tax Board to prescribe the type of information needed to make a valid claim.

Chapter 399, Statutes of 2002

SB 1898 (Soto-D) Residential care facilities for the elderly

Limits application fees and regulates rate increases charged by residential care facilities for the elderly.

Chapter 557, Statutes of 2002

AB 64* (Alquist-D) Income taxes: deduction: long-term care insurance

In computing adjusted gross income under the Personal Income Tax Law, allows a deduction for each taxable year beginning on or after January 1, 2002, in an amount equal to the applicable percentage of the amount paid or incurred for the cost of long-term care insurance for the taxpayer and his/her spouse, domestic partner and dependents.

(Died in Assembly Revenue and Taxation Committee)

AB 72 (Bates-R) Escheated funds: portable housing: elderly persons

Requires that all unclaimed moneys escheated to the state from the estates of deceased persons be used for an existing state program to construct or rehabilitate multifamily housing for senior citizens.

(Died in Assembly Appropriations Committee)

AB 114 (Washington-D) Senior housing rehabilitation

Requires the State Department of Housing and Community Development to make available, upon appropriation, $10 million to the housing and redevelopment agency of a city with a population of more than two million in order to provide grants that may not exceed $25,000 to eligible individuals for rehabilitating housing units in order to meet current city building standards.

(Died in Assembly Housing and Community Development Committee)

AB 191 (Bates-R) Elder and dependent abuse

Includes criminal prosecuting attorneys' offices within the list of agencies that may receive reports or disclosure of reports regarding actual or suspected abuse of an elder or dependent adult. Adds criminal prosecuting attorneys' offices to the list of agencies exempted from civil or criminal liability for any report, unless a false report was knowingly made and to the list of those entities exempted from liability for providing access to a victim of abuse, and also to the list of those entities that may present a claim to the State Board of Control.

(Died in Assembly Public Safety Committee)

AB 255 (Zettel-R) Elder abuse

Expands the list of mandated reporters of elder and dependent adult abuse to include a clergy member as defined, humane societies and animal control agencies, fire departments, and offices of environmental health and building code enforcement. Defines "imminent danger" for purposes of the Elder Abuse and Dependent Adult Civil Protection Act, adds "abduction" to the list of reportable acts of abuse, and makes other technical amendments to the Elder Abuse and Dependent Adult Civil Protection Act. Requires the county adult protective services agency to provide the local fire department and environmental health and building code enforcement officials with instructional materials, as specified, regarding elder and dependent adult abuse and neglect and the local officials' obligation to report such incidents of abuse and neglect.

Chapter 54, Statutes of 2002

AB 385 (Strickland-R) Seniors' tax assistance: full value

Increases the benefits available under the senior citizens and disabled property tax assistance program.

(Died in Assembly Revenue and Taxation Committee)

AB 505 (Robert Pacheco-R) Long-term health care facilities: citations and penalties

Authorizes a licensee of a long-term care health facility, in lieu of seeking to adjudicate the validity of a class "AA" or "A" citation in the municipal or superior court, to elect to submit the matter to binding arbitration as provided under the bill.

(Died in Assembly Health Committee)

AB 513* (Strickland-R) Income taxes: credit: drugs

Authorizes a nonrefundable credit to senior citizens for their unreimbursed prescription drug costs.

(Died in Assembly Revenue and Taxation Committee)

AB 628 (Oropeza-D) Senior housing

Appropriates $360,000 from the General Fund to the State Department of Housing and Community Services for the purpose of creating a demonstration project in three counties to provide counseling and referral assistance to Section 8 qualified seniors to assist them in locating safe, affordable housing.

(Died in Senate Appropriations Committee)

AB 1036 (Pescetti-R) Seniors' tax assistance: mobilehomes

Allows owners of mobilehomes that are subject to property tax to file a homeowners and renters assistance claim as either a homeowner or a renter.

(Died in Senate Revenue and Taxation Committee)

AB 1166* (Bill Campbell-R) Income taxes: credit: drugs

Until January 1, 2008, allows a tax credit in an amount equal to 25 percent of the cost paid or incurred for prescription drugs by a senior citizen taxpayer whose income does not exceed certain limits.

(Died in Assembly Revenue and Taxation Committee)

AB 1638* (Daucher-R) Long-term Care Council

Adds members to the Long-Term Care Council, established within the State Health and Human Services Agency. Requires the Speaker of the Assembly to appoint two members of the Assembly and the Senate Rules Committee to appoint two members of the Senate to the council.

Vetoed by the Governor

AB 2124* (Aanestad-R) Skilled nursing facilities: continuous licensure

Authorizes the State Department of Health Services to retroactively suspend the canceled license of specified previously licensed skilled nursing facilities for the purpose of finding the facility to be continuously licensed and in compliance with current regulations.

Vetoed by the Governor

AB 2140 (Simitian-D) Elder abuse

(1) Increases the misdemeanor penalty for "simple" battery against an elder or dependent adult to up to one year in the county jail (now up to six months); and (2) increases the misdemeanor penalty for criminal negligence involving an elder or dependent adult in circumstances or conditions not likely to produce great bodily harm or death by increasing the punishment in a county jail from up to six months to up to one year and increasing the fine from up to $1,000 to up to $2,000.

Chapter 369, Statutes of 2002

AB 2202 (Alquist-D) Gerontology: service delivery personnel: training

Requires the California State University to provide courses and training in gerontology for professional service delivery personnel providing services to the senior population, as specified.

Chapter 551, Statutes of 2002

AB 2208* (Wyland-R) State Department of Aging: area agencies on aging

Requires the State Department of Aging, in consultation with the State Controller, to develop and implement a procedure for the electronic transfer of funds from the department to the Area Agencies on Aging to provide for programs and services.

Vetoed by the Governor

AB 2298* (Bogh-R) Senior housing

Prohibits business establishments in all counties from discriminating in the sale or rental of housing based on familial status, as defined, and permits the establishment and preservation of housing for older persons. Deletes the requirement under current law that the housing be designed in a specified manner to meet the physical and social needs of senior citizens.

(Died in Assembly Housing and Community Development Committee)

AB 2552* (Daucher-R) Area agencies on aging: funding

Continuously appropriates monies from the Federal Trust Fund to the State Department of Aging for the area agencies on aging in the absence of an annual budget by July 1.

(Died in Assembly Appropriations Committee)

AB 2735 (Chan-D) Elder and dependent adult abuse

(1) Excludes correctional facilities from the scope of county adult protective services responsibilities; (2) authorizes the sharing of otherwise confidential mental health services records to include persons who are trained and qualified to serve on "multidisciplinary personnel" teams, as specified; (3) authorizes the sharing of elder or dependant abuse information, including the identity of reporting persons, with district attorneys, public guardians and the probate court, as specified; (4) authorizes the disclosure of the identity of a person who reports elder or dependent adult abuse (a) by the Bureau of Medi-Cal Fraud to the district attorney in a criminal prosecution, (b) when persons reporting waive confidentiality, and (c) by court order; and (5) makes additional changes, as specified.

Chapter 552, Statutes of 2002

AB 2813 (Salinas-D) Adult day health care providers

Requires criminal record clearances for staff of Adult Day Health Care Centers.

(Died in Senate Health and Human Services Committee)

AB 3054 (Assembly Aging And Long Term Care Committee) Long-term care integration pilot projects

Requires the State Department of Health Services to provide at least, but not limited to, one alternative model to the Long-Term Care Integration Pilot Program.

Chapter 537, Statutes of 2002

ACR 192 (Zettel-R) Elder Abuse Prevention Month

Declares the month of May 2002 as Elder Abuse Prevention Month.

Resolution Chapter 75, Statutes of 2002

ACR 202 (Corbett-D) Seniors: bill of rights

Resolves that the goal of the Legislature is to assure that every senior in California receive the best health care possible, and specifies various health care rights for seniors to this end.

Resolution Chapter 119, Statutes of 2002

Index (in Bill Order)