SB 609 Senate Bill

BILL NUMBER: SB 609	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2013
	AMENDED IN SENATE  APRIL 1, 2013

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   services  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 609, as amended, 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
programs of the office.
   This bill would  require the office to deposit those funds
into   create  the Long-Term Care Ombudsman
Program Improvement Act  Fund,   Account, and
require the office to deposit those funds into the account  and
 would continuously appropriate  would, upon
appropriation, require  those funds  to be used  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
$2,500 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, be available to the office, and
require no less than 75% of that amount to be dedicated to fund
 services at local ombudsman programs   the
direct travel costs associated with local ombudsmen visits throughout
the state or training of local ombudsmen throughout the state 
.
   Vote: majority. Appropriation:  yes   no
 . 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.
The office shall not solicit or receive any funds, gifts, or
contributions if the solicitation or receipt would jeopardize the
independence and objectivity of the office.  Notwithstanding
Section 13340 of the Government Code, the   The 
office shall deposit funds received pursuant to this section into the
Long-Term Care Ombudsman Program Improvement Act  Fund
  Account  that is hereby  continued in
existence and continuously appropriated, without regard to fiscal
year,   created in the Special Deposit Fund in the State
Treasury pursuant to Section 16370 of the Government Code. Revenues
in this account shall, upon appropriation, be used  for the
purpose of supporting the operations and programs of the office.
  SEC. 2.  Section 9714.5 of the Welfare and Institutions Code is
amended to read:
   9714.5.  (a) 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.
   (b) The foundation formed pursuant to this section 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.
   (c) The board shall select from among its members a chair, a vice
chair, and any other officers as it deems necessary.
   (d) 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.
   (e) Three members of the board shall constitute a quorum for the
purpose of conducting the board's business.
   (f) By March 1 of each year, the board shall determine the amount
of funds to be allocated 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 expended
for the support of the operations and programs of the office and the
operations of the foundation.
   (g) 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.  (a) Any person who willfully interferes with any lawful
action of the office shall be subject to a civil penalty of no more
than two thousand five hundred dollars ($2,500) for each incident.
The civil penalty shall be assessed by the director. If the penalty
is not paid within 30 days of the assessment, the director shall
initiate an action to collect the penalties in the jurisdiction in
which the facility is located.
   (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 the office, and no less
than 75 percent of the penalties collected shall be dedicated to fund
 services at local ombudsman programs   the
direct travel costs associated with local ombudsmen visits throughout
the state or training of local ombudsmen throughout the state 
.