BILL ANALYSIS �
SB 33
Page 1
Date of Hearing: July 5, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 33 (Simitian) - As Amended: June 15, 2011
SUMMARY : Deletes the January 1, 2013 repeal date on the
Financial Elder Abuse Reporting Act of 2005, which extends
mandated reporting requirements to officers and employees of
financial institutions, as defined, and makes conforming
changes.
EXISTING LAW :
1)Defines a "mandated reporter of suspected financial abuse of
an elder or dependent adult" as all officers and employees of
financial institutions. �Welfare and Institutions Code (WIC)
Section 15630l.1(a).]
2)Defines a "financial institution" as a depository institution,
an institution-affiliated party, or a federal, state or
institution-affiliated party credit union. �WIC Section
15630l.1(b).]
3)States that "financial abuse" of an elder or dependent adult
occurs when a person or entity does any of the following:
a) Takes, secretes, appropriates, or retains real or
personal property of an elder or dependent adult to a
wrongful use or with intent to defraud, or both; or,
b) Assists in taking, secreting, appropriating, or
retaining real or personal property of an elder or
dependent adult to a wrongful use or with intent to
defraud, or both. �WIC Section 15630l.1(c).]
4)Provides that any mandated reporter of suspected financial
abuse of an elder or dependent adult who has direct contact
with the elder or dependent adult or who reviews or approves
the elder's or dependent adult's financial documents, records,
or transactions in connection with providing financial
SB 33
Page 2
services with respect to an elder or dependent adult, and who
within the scope of his or her employment and professional
practice, has observed or has knowledge of an incident, that
is directly related to the transaction or matter that is
within that scope of practice, that reasonably appears to be
financial abuse, or who reasonably suspects that abuse based
upon the information before him or her standing alone, shall
report the known or suspected instance of financial abuse by
telephone immediately, or as soon as practicably possible; and
by written report sent within two working days to the local
adult protective services or the local law enforcement agency.
�WIC Section 15630l.1(d).]
5)Specifies that an allegation by the elder or dependent adult,
or any other person, that financial abuse has occurred is not
sufficient to trigger the reporting requirement if both of the
following conditions are met:
a) The mandated reporter is aware of no other corroborating
or independent evidence of the alleged abuse; and,
b) In the exercise of his or her professional judgment, the
mandated reporter reasonably believes that the abuse did
not occur. �WIC Section 15630.1(e).]
6)Provides that a mandated reporter of suspected financial abuse
of an elder or dependent adult who fails to report financial
abuse shall be subject to a civil penalty not exceeding $1,000
or if the failure to report is willful, a civil penalty not to
exceed $5,000, which shall be paid by the financial
institution that is the employer of the mandated reporter to
the party bringing the action. �WIC Section 15630(f).]
7)Requires any mandated reporter under the Elder Abuse and Adult
Civil Protection Act who, within the scope of his or her
employment, observes, has knowledge of physical abuse,
financial abuse or neglect, or is told by an elder or
dependent adult that he or she has experienced abuse, or
reasonably suspects abuse, to immediately report the known or
suspected abuse, as specified. �WIC Section 15630(b)(1).]
8)Defines a "mandated reporter" as any person who has assumed
the care or custody of an elder or dependent adult, including
administrators, supervisors, or licensed staff of a public or
private facility that provides care to elder or dependent
SB 33
Page 3
adults, elder or dependent adult care custodian, health
practitioner, clergy member, employee of county adult
protective services, or a local law enforcement agency. �WIC
Section 15630(a)(1).]
9)Provides that failure to report elder abuse under the mandated
reporting requirement is a misdemeanor, punishable by
imprisonment in the county jail not to exceed six months; by a
fine of not more than $1,000; or by both. Failure to report
abuse that results in a death or great bodily injury shall be
punished by imprisonment in the county jail not to exceed one
year; by a fine not to exceed $5,000; or by both. �WIC
Section 15630(h).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "It 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 �Adult Protective Services], the number of confirmed
cases of elder and dependent adult financial number of
confirmed cases of elder and dependent adult financial abuse
rose over 16% from 4,785 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
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 2010 was 38.3%"
2)Related Legislation :
SB 33
Page 4
a) AB 518 (Wagner) is identical to this bill in that AB
518 eliminates the sunset date on the elder and dependent
adult financial reporting act. The author of AB 518 is a
principal co-author of this measure and is not moving AB
518.
b) SB 1018 (Simitian), Chapter 140, Statutes of 2005,
established the Elder and Dependent Adult Reporting Act
scheduled to sunset on January 1, 2013.
REGISTERED SUPPORT / OPPOSITION :
Support
AARP
American Federation of State, County and Municipal Employees
Arch and United Cerebral Palsy
Area 12 Agency on Aging
Berkeley-East Bay Gray Panthers
Butte County
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
California Association of Public Authorities for IHSS
California Bankers Association
California Commission on Aging
California Council of the Alzheimer's Association
California Credit Union League
California District Attorneys Association
California Elder Abuse Forensic Centers
California Long Term Care Ombudsman Association
California Professional Firefighters
California Psychiatric Association
California School Employees Association
California Senior Legislature
California State Association of Counties
California State Sheriffs' Association
Catholic Charities, Diocese of Stockton (Mother Lode Long
Term Care Ombudsman)
Congress of California Seniors
Contra Costa County Advisory Council on Aging
County Welfare Directors Association
Financial Abuse Specialist Team, Orange County
Council on Aging
Humboldt County
Huntington Hospital Senior Care Network
SB 33
Page 5
In-Home Supportive Services Consortium of San Francisco
Independence at Home
Junior Leagues of California
Junior League of Pal A lot/Mid Peninsula
Long Term Care Ombudsman Program, Stanislaus County
Los Angeles County
Marin County
Multipurpose Senior Services Program Site Association
National Association of Social Workers
Older Women's League of California
Older Women's League of California, Sacramento Chapter
Orange County Council on Aging
Peace Officers Research Association of California
Professional Fiduciary Association of California
PSA 2 Area Agency on Agency
Sacramento County
Sacramento Gray Panthers
San Diego County
San Francisco County
San Francisco Department of Aging and Adult Services
San Joaquin County Commission on Aging
San Luis Obispo County Fire Responder Group for Incidents
Involving Elders and Dependent Adults
San Mateo County
Santa Clara County
Santa Clara County Social Services Agency
Silicon Valley Council on Aging
Siskiyou County Human Services Agency
Solano County Board of Supervisors
Solano County Health and Social Services Department
Sonoma County Board of Supervisors
Sonoma County Area Agency on Aging
Stanislaus Elder Abuse Prevention Alliance
State Treasurer
Tehama County Department of Social Services
United Domestic Workers of America
Ventura County
Yolo County Sheriff
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
SB 33
Page 6
319-3744