BILL ANALYSIS Ó
AB 477
Page 1
ASSEMBLY THIRD READING
AB 477 (Chau)
As Amended May 6, 2013
Majority vote
AGING 6-1
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|Ayes:|Yamada, Brown, Daly, |
| |Gray, Grove, Levine |
| | |
|-----+--------------------------|
|Nays:|Wagner |
| | |
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SUMMARY : Includes notaries public in the definition of mandated
reporters of suspected financial abuse of an elder or dependent
adult, and requires notaries to report suspected financial abuse
in connection with providing notary services. Specifically,
this bill :
1)Requires a notary public who, in connection with providing
notary services, has observed or has knowledge of suspected
financial abuse of an elder or dependent adult, to report that
abuse to adult protective services (APS) or local law
enforcement within two working days.
2)Subjects notaries to the same liabilities, limitations, and
definitions as those imposed upon mandated reporters within
financial institutions.
3)Clarifies that notaries public employed by financial
institutions remain subject to existing reporting mandates.
4)Exempts information protected from disclosure by
attorney-client privileges.
EXISTING LAW :
1)Grants the Secretary of State authority over notaries public.
2)Establishes the Elder and Dependent Adult Abuse Civil
Protection Act to protect the state's elder and dependent
adult population from abuse and exploitation.
AB 477
Page 2
3)Establishes the Financial Abuse Reporting Act of 2005.
4)Directs county APS on cross-reporting obligations for reports
of financial abuse.
5)Requires APS to provide financial abuse reporting
instructional materials to mandated reporters.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Background and Discussion : Reporting of suspected elder and
dependent adult financial abuse was mandated for employees of
financial institutions starting in 2006, sunsetting in 2013 (SB
1018 (Simitian), Chapter 140, Statutes of 2005). In 2011,
reporting was made permanent when the sunset date was removed
with financial industry support, due to the success of the act
(SB 33 (Simitian), Chapter 372, Statutes of 2011). This bill
extends similar reporting requirements to notaries public.
The Secretary of State is charged with the responsibility of
appointing and commissioning notaries public in the State of
California. Character is germane to the qualifications of the
office of a notary public, given the nature of the duties and
responsibilities.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990
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