BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 477 (Chau) - Elder and dependent adult abuse: mandated
reporting.
Amended: August 12, 2013 Policy Vote: HS 4-2, JUD 4-2
Urgency: No Mandate: Yes
Hearing Date: August 12, 2013
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 477 would include notaries public in the
definition of mandated reporters of suspected financial abuse of
an elder or dependent adult. In addition, this bill:
Extends the requirement on confidentiality of reports of
known or suspected financial abuse of an elder/dependent
adult to reports by notaries public.
Expands protection against civil or criminal liability
for any reports of known or suspected instances of elder or
dependent adult abuse by specified mandated reporters
currently limited to confidentiality provisions to the
entire Elder Abuse and Dependent Adult Civil Protection
Act.
Authorizes notaries public to file claims for reasonable
attorney's fees incurred for specified actions against them
with the Victim Compensation and Government Claims Board
(VCGCB).
Requires county adult protective services (APS) agencies
to report to law enforcement and public agencies reports
from notaries public of suspected financial abuse of
elder/dependent adults.
Requires county APS agencies to provide notaries public
with specified instructional materials regarding abuse and
neglect of an elder or dependent adult and their obligation
to report.
Fiscal Impact:
Non-reimbursable local enforcement costs offset to a degree
by fine revenue to the extent the expansion of mandated
reporting requirements to notaries public results in
additional violations for failure to report or for
misdemeanor violations of the confidentiality provisions of
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mandated reports.
Unknown; potential increase in future state General Fund
appropriations likely less than $50,000 per year to the
extent the expansion of eligibility for reimbursement of
attorney's fees through the VCGCB to notaries public results
in additional claims submitted and paid. Minor, absorbable
administrative workload impact on the VCGCB to process
additional claims.
Potential state costs in excess of $50,000 (General Fund)
for mandating additional duties on county APS agencies to
report to law enforcement and public agencies, as well as
provide information to notaries public. Funding for APS was
realigned to the counties under 2011 Public Safety
Realignment. Any new duties would not be subject to
reimbursement through the state mandate reimbursement
process but instead could require a subvention of state
funds pursuant to the provisions of Proposition 30 (November
2012).
Ongoing costs to the Judicial Branch, potentially in the
range of $25,000 to $50,000 (General Fund*) for additional
misdemeanor and felony court filings.
Potential ongoing increased local and state incarceration
costs in excess of $100,000 statewide to the extent the
provisions of this bill result in a significant increase in
reports to law enforcement and subsequent prosecutions.
*Trial Court Trust Fund
Background: Under existing law, the Elder Abuse and Dependent
Adult Civil Protection Act (EADACPA) generally provides civil
protections and remedies for victims of elder and dependent
adult abuse and neglect and specifically requires mandated
reporting by specified entities of elder and dependent adult
physical or financial abuse (WIC § 15600 et seq).
"Financial abuse," per WIC § 15610.30, is defined as the taking
secreting, appropriating, obtaining, or retaining real or
personal property of an elder or dependent adult for a wrongful
use or with intent to defraud, or both or by undue influence, as
defined.
Existing law provides that any person who has assumed full or
intermittent responsibility for the care or custody of an elder
or dependent adult, whether or not he or she receives
compensation, including administrators, supervisors, and any
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licensed staff of a public or private facility that provides
care or services for elder or dependent adults, or any elder or
dependent adult care custodian, health practitioner, clergy
member, or employee of a county APS agency or local law
enforcement agency, is a mandated reporter of elder and
dependent adult physical or financial abuse (WIC § 15630). In
addition, as part of the Financial Elder Abuse Reporting Act of
2005, certain financial institutions are mandated to report
elder and dependent financial abuse, with failure to report
subject to specified civil and criminal penalties (WIC §
15630.1).
Existing law provides immunity from civil and criminal
prosecution to mandated reporters of elder or dependent adult
financial abuse and authorizes specified mandated reporters to
present a claim to the VCGCB for reasonable attorney's fees
incurred if the mandated reporter prevails in an action made
against him or her on the basis of making a report as required
under the EADACPA (WIC § 15634).
Under current law, county APS agencies are required to report
instances of reported elder and dependent adult abuse, including
financial abuse. In addition, county APS agencies are required
to provide instructional materials regarding abuse and neglect
of an elder or dependent adult and a mandated reporter's
obligation to report, to specified organizations and to
financial institutions subject to the mandated reporting of
suspected financial abuse of elder or dependent adults.
Proposed Law: This bill would include notaries public in the
definition of mandated reporters of suspected financial abuse of
an elder or dependent adult. Specifically, this bill:
Requires any 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 the known or suspected instance of financial
abuse by telephone or through a confidential internet
reporting tool immediately, or as soon as practicably
possible. If reported by telephone, the notary public must
also submit a written or an internet report through the
confidential reporting tool within two working days to the
local APS agency or the local law enforcement agency.
Exempts financial officers, who are currently mandated
reporters under the EADACPA, from the notary public
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mandated reporting provisions.
Provides that failure to report financial abuse is
subject to a civil penalty of up to $1,000, or if the
failure to report is willful, a civil penalty of up to
$5,000, which must be paid by the mandated reporter to the
party bringing the action.
Extends the requirement on confidentiality of reports of
known or suspected financial abuse of an elder/dependent
adult to reports by notaries public. A confidentiality
violation is a misdemeanor, punishable by up to six months
in county jail, a fine of $500, or both.
Expands protection against civil or criminal liability
for any reports of known or suspected instances of elder or
dependent adult abuse by specified mandated reporters
currently limited to confidentiality provisions to the
entire EADACPA.
Authorizes notaries public to file claims for reasonable
attorney's fees incurred for specified actions against them
with the VCGCB.
Requires county APS agencies to report to law
enforcement and public agencies reports from notaries
public of suspected financial abuse of elder/dependent
adults.
Requires county APS agencies to provide notaries public
with specified instructional materials regarding abuse and
neglect of an elder or dependent adult and their obligation
to report.
Staff Comments: By including notaries public in the definition
of mandated reporters of suspected financial abuse of an elder
or dependent adult, this bill could result in an increase in the
number of reports submitted of suspected financial abuse of
elder and dependent adults, as well as additional
non-reimbursable local enforcement costs offset to a degree by
fine revenue for violations for failure to report or for
misdemeanor violations of the confidentiality provisions of
mandated reports.
This bill authorizes notaries public to file claims for
reasonable attorney's fees incurred for specified actions
against them with the VCGCB. The VCGCB has indicated only six
claims submitted between 2002 and 2005 by mandated reporters
currently eligible to receive reimbursement for attorney's fees,
with payment authorized for only three claims ranging in amount
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from $3,500 to $19,000. There have been no claims submitted for
reimbursement since 2005. Given the rarity of these claims, the
potential increase in future state General Fund appropriations
is estimated to be less than $50,000 per year to the extent the
expansion of eligibility for reimbursement of attorney's fees
through the VCGCB to notaries public results in additional
claims submitted and paid. The VCGCB has also indicated the
administrative workload impact to process additional claims
would be minor and absorbable.
This bill mandates additional duties on county APS agencies
which could result in potential state costs in excess of $50,000
(General Fund) annually to provide instructional materials
regarding abuse and neglect of elder or dependent adults to
notaries public. It is not specified how the information is to
be provided to the over 160,000 notaries public in the state.
Funding for APS was realigned to the counties under 2011 Public
Safety Realignment. Any new duties would not be subject to
reimbursement through the state mandates process but instead
could require a subvention of state funds pursuant to the
provisions of Proposition 30 (November 2012).
Due to the changes proposed under the provisions of this bill,
the Judicial Council may incur increased court filings related
to a mandated reporter's failure to report, misdemeanor filings
of breach of confidentiality, as well as increased court filings
for investigated reports of abuse that could lead to prosecution
and incarceration. The annual impact to the Judicial Branch
could range from approximately $25,000 to $50,000 for 50 new
misdemeanor or 25 felony filings per year.
Because the provisions of this bill will likely increase the
number of reports to local law enforcement, in addition to
non-reimbursable costs for enforcement and investigation, to the
extent the provisions of this bill result in additional criminal
prosecutions could result in increased state and local
incarceration costs of an unknown amount, but potentially in
excess of $100,000 annually.