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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|COMMITTEE VOTE: |4-1 |(September 10, |RECOMMENDATION: |concur |
|(AGING) | |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.
AB 477
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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
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
AB 477
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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 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: 0002765