BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 477
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 477 (Chau)
          As Amended  September 3, 2013
          Majority vote
           
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          |ASSEMBLY:  |59-16|(May 9, 2013)   |SENATE: |30-8 |(September 9,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    AGING  

           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 or known  
          financial abuse in connection with providing notary services.

           The Senate amendments:  
             
          1)Add a notary public's reporting mandate in Division 2, Part 4  
            of the Government Code relating to proof and acknowledgement  
            of instruments in transfers of acquired property.  

          2)Add a notary public's duty to report to Title 2, Division 1 of  
            the Government Code relating to duties of commissioned  
            notaries public. 

          3)Clarify that officers of financial institutions who are also  
            notaries public must report under mandates upon them as an  
            officer of a financial institution, not as a notary public.

          4)Make reports of suspected financial abuse of an elder or  
            dependent adult made by a mandated reporter a privileged  
            publication not subject to a defamation action, and clarify  
            that the attorney-client privilege is not solely applicable to  
            attorneys, but rather applies to the information that would  
            otherwise be required to be reported.

          5)Extend access to resources through the California Victim  
            Compensation and Government Claims Board (VCGCB) for  
            reasonable attorney's fees if an action is brought against a  
            notary public for making a report of known or suspected elder  
            or dependent adult abuse.

          6)Assure interagency cross-reporting of reports of known or  








                                                                  AB 477
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            suspected elder or dependent adult abuse made by notaries  
            public.

          7)Assure that a county adult protective services agency makes  
            training materials available to notaries public which includes  
            explanations of abuse, information on how to recognize abuse,  
            information on investigations, and instructions on how to  
            report abuse.

           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. 

          3)Establishes the Financial Abuse Reporting Act of 2005.  

          4)Directs county adult protective services (APS) on  
            cross-reporting obligations for reports of financial abuse. 

          5)Requires APS to provide financial abuse reporting  
            instructional materials to mandated reporters.
           
          AS PASSED BY THE ASSEMBLY  , this bill mandated notaries public as  
          reporters of known or suspected elder or dependent financial  
          abuse.  
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, 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 mandated reports; 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.  Also, 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;  
          ongoing costs to the Judicial Branch, potentially in the range  








                                                                  AB 477
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          of $25,000 to $50,000 for additional misdemeanor and felony  
          court filings; potential ongoing increased local and state  
          incarceration costs in excess of $100,000 to the extent the  
          provisions of this bill result in a significant increase in  
          reports to law enforcement and subsequent prosecutions.

           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, responsibilities and  
          protections 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


                                                                 FN:  
          0002740