BILL ANALYSIS �
SB 33
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SENATE THIRD READING
SB 33 (Simitian and Wolk)
As Amended June 15, 2011
Majority vote
SENATE VOTE :39-0
AGING 5-0
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|Ayes:|Yamada, Knight, Pan, | | |
| |V. Manuel P�rez, Torres | | |
| | | | |
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SUMMARY : Repeals the sunset date associated with various
Welfare and Institutions code sections (WIC), known as the Elder
and Dependent Adult Financial Abuse Act. Specifically this
bill , makes permanent a series of code sections which are
scheduled to become inoperative on January 1, 2013. A
description of current law affected by the January 1, 2013
sunset date is as follows:
WIC Section 15630.1 which provides a comprehensive mandate which
defines who 'mandated reporters' of known financial abuse are,
the settings in which their legal obligation to report reside,
and the activities which constitute a reportable offense. WIC
Section 15630.1 further details exceptions which would preclude
a 'mandated reporter' from reporting, penalties for failure to
report, and conditions under which suspected instances of
financial abuse may be reported.
WIC Section 15634 which offers immunity from criminal and civil
liability for mandated reporters who make reports of financial
abuse in good faith. Though immune from liability, action may
still be brought against reporters, could force reporters to
incur costs associated with a response. Senator Simitian
anticipated this in his original legislation and provided access
for reporters to the State Board of Control. SB 33 identifies
the California Victim Compensation and Government Claims Board
as the appropriate entity from which reporters may seek
compensation in the event legal action is brought against them
for fulfilling their legal reporting responsibility.
WIC Section 15640 which directs county adult protective services
SB 33
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(APS) on cross-reporting obligations for reports of financial
abuse which occur in the community, versus those that occur in a
long-term care facility. SB 33, as amended June 15th, also
identifies the Department of Public Health as the licensing
agency for skilled nursing facilities. When the originating
legislation was passed in 2005, the department was known as the
Department of Health Services.
WIC Section 15655.5 which requires APS to provide financial
abuse reporting instructional materials to mandated reporters.
Recent Amendments : Amendments adopted June 15th address the
sunset date associated with Government Code Section 7480 which
empowers law enforcement to obtain financial records related to
criminal investigations. The sunset date of that code section
was repealed in 2010 and is therefore no longer a subject of SB
33.
FISCAL EFFECT : SB 33 merely repeals sunset dates associated
with existing code sections and therefore does not create
additional costs for the state.
COMMENTS : According to the author, "(I)t is important to delete
the 2013 sunset because mandated reporting for financial
institutions has increased the number of confirmed reports of
elder financial abuse. According to data collected by APS, the
number of confirmed cases of elder and dependent adult financial
abuse rose over 16% from 4,784 in 2006 to 5,568 in 2007 (the law
was implemented in 2007). The number of confirmed cases in 2010
was 5,602.
"Starting in April 2007, APS has counted the number of reports
of elder financial abuse submitted by financial institutions.
Between April 2007 and 2010, financial institutions submitted
26,402 reports of elder financial abuse. Between 2008 and 2010,
financial institutions, on average, submit almost 7,000 reports
of elder financial abuse annually.
"Finally, mandated reporting has not produced a significant
increase in the number of frivolous or illegitimate reports of
abuse. Of all reports of abuse received by APS (including types
other than financial), 41.9% were confirmed in 2006 before
mandated reporting, and 41.5% were confirmed in 2007 after
mandated reporting; the most recent confirmation percentage for
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2010 was 38.3%."
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990
FN: 0001371