Senate Bill No. 609

Introduced by Senator Wolk

February 22, 2013

An act to amend Sections 9714, 9714.5, and 9732 of the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 609, as introduced, Wolk. Office of the State Long-Term Care Ombudsman.

Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities. Existing law requires the office to solicit and receive funds, gifts, and contributions to support the operations and program of the office.

This bill would require the office to deposit those funds into the Long-Term Care Ombudsman Program Improvement Act Fund, and would continuously appropriate those funds for the purpose of supporting the operations and programs of the office.

Under existing law, anyone who willfully interferes with a lawful action of the office is subject to a civil penalty of no more than $1,000, to be assessed by the Director of Aging, who is required to initiate the action, upon request of the office, to collect the penalties.

This bill would increase the maximum civil penalty amount to $2,000 for each incident, and would instead require the director to initiate an action if the penalty is not paid within 30 days of the assessment. This bill would create the Access to Facilities Account, and require those penalties to be deposited into the account to, upon appropriation by the Legislature, support the operations and programs of the office.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 9714 of the Welfare and Institutions Code
is amended to read:

9714.  

The office shall solicit and receive funds, gifts, and
contributions to support the operations and programs of the office.
begin delete The office may form a foundation eligible to receive tax-deductible
contributions to support the operations and programs of the office
and the operations of the foundation. end delete The office shall not solicit
or receive any funds, gifts, or contributions begin delete where end delete begin insert if end insert the solicitation
or receipt would jeopardize the independence and objectivity of
the office. begin insert Notwithstanding Section 13340 of the Government Code,
the office shall deposit funds received pursuant to this section into
the Long-Term Care Ombudsman Program Improvement Act Fund
that is hereby continued in existence and continuously
appropriated, without regard to fiscal year, for the purpose of
supporting the operations and programs of the office. end insert

SEC. 2.  

Section 9714.5 of the Welfare and Institutions Code
is amended to read:

9714.5.  

(a)  begin insert The office may form a foundation eligible to receive
tax-deductible contributions to support the operations and
programs of the office and the operations of the foundation. The
foundation shall not solicit or receive any funds, gifts, or
contributions if the solicitation or receipt would jeopardize the
independence and objectivity of the office or foundation. end insert

begin insert ( end insert begin insert b) end insert  The foundation formed pursuant to begin delete Section 9714 end delete begin insert this section end insert
shall be under the direction and management of a five-member
board of directors. One member shall be appointed by the Speaker
of the Assembly, one member shall be appointed by the Senate
Committee on Rules, and three members shall be appointed by the
Governor. The members of the board shall each be experienced
in the management, promotion, and funding of nonprofit charitable
organizations.

begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  The board shall select from among its members a chair, a
vice chair, and any other officers as it deems necessary.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  The members of the board shall serve without compensation,
but shall be reimbursed for all necessary expenses actually incurred
in the performance of their duties as directors.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  Three members of the board shall constitute a quorum for
the purpose of conducting the board’s business.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  By March 1 of each year, the board shall determine the
amount of funds to be begin delete appropriated end delete begin insert allocated end insert from the foundation
to the office for the support of the operations and programs of the
office and the operations of the foundation. Foundation funds may
only be begin delete appropriated end delete begin insert expended end insert for the support of the operations
and programs of the office and the operations of the foundation.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  The members of the board shall be free from conflicts of
interest and shall be subject to the same conflict of interest
provisions that apply to the State Ombudsman under Section
3058g(f)(3) of Title 42 of the United States Code.

SEC. 3.  

Section 9732 of the Welfare and Institutions Code is
amended to read:

9732.  

begin insert (a) end insert begin insert   end insert Any person who willfully interferes with any lawful
action of the office shall be subject to a civil penalty of no more
than begin delete one end delete begin insert two end insert thousand dollars begin delete ($1,000), to end delete begin insert ($2,000) for each
incident. The civil penalty shall end insert be assessed by the director begin delete , who end delete begin insert .
If the penalty is not paid within 30 days of the assessment, the
director end insert shall initiate begin delete the end delete begin insert an end insert action begin delete , upon the request of the office, end delete
to collect the penalties in the jurisdiction in which the facility is
located.

begin insert

(b) All civil penalties collected by the department pursuant to
this section shall be deposited into the Access to Facilities Account,
which is hereby created within the Special Deposit Fund under
Section 16370 of the Government Code. Funds in this account
shall be available, upon appropriation, to support the operations
and programs of the office.

end insert