BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 477
                                                                Page  1

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

         ------------------------------------------------------------------------ 
        |COMMITTEE VOTE:  |4-1  |(September 10,      |RECOMMENDATION: |concur    |
        |(AGING)          |     |2013)               |                |          |
         ------------------------------------------------------------------------ 

        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
                                                                Page  2

        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
                                                                Page  3

        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