2005 Proposals

Summary of Proposals of CSL 2005 Session

August 31, 2006

The purpose of the CSL is to develop proposals for legislation at both the state and federal levels.  At its Annual Session the CSL holds hearings on the proposals that have been submitted by its members to determine which of those proposals should be carried forward.  Finally, the proposals to be carried forward are prioritized to select the top ten state proposals and top four four federal proposals.

The results for the 2005 session are provided here.  Within group the proposals are listed in order of proposal number.  The complete text of the proposal may be obtained by clicking on the title.

For proposals that have been authored by State legislators, the bill summary is provided.  Additional information including the full text of such bills is available through the Bill Information page of the California Legislature information web site.

Summaries, without the authored bill information, are available in Acrobat® (pdf) format for convenience in printing: Top Ten Proposals or All Passed Proposals.  A free copy of the Acrobat® Reader® may be downloaded directly from the Adobe web site by clicking here.

Summary of Two Urgency Proposals

AP - Senior Assembly Proposal       SP - Senior Senate Proposal

AP-24 Senior Assembly Member Karr: California Senior Legislature.
 

This proposal reduces the contribution required for the California Fund for Senior Citizens and removes the indexing requirement.

SP-20 Senior Senators Levy and Smith: California Senior Legislature.
 

This proposal reduces the minimum contribution level for CSL tax check-off to $200,000; revises CSL election rules; and provides sufficient time for the CSL to designate a new administrative entity.

        SB 1249 (Alquist) Taxation: contributions
Under the Personal Income Tax Law, individual taxpayers are allowed to contribute amounts in excess of their tax liability for the support of specified funds or accounts, including, among others, the California Fund for Senior Citizens, the California Military Family Relief Fund, the State Children's Trust Fund for the Prevention of Child Abuse, the Rare and Endangered Species Preservation Fund, the California Alzheimer's Disease and Related Disorders Research Fund, the California Breast Cancer Research Fund, the California Peace Officer 's Memorial Foundation Fund, the Veterans' Quality of Life Fund, the California Prostate Cancer Research Fund, the California Sexual Violence Victim Services Fund, the California Colorectal Cancer Prevention Fund, and the Emergency Food Assistance Program Fund. That law provides for the repeal of the contribution provisions for these funds and accounts on either January 1 of a specified year or on January 1 of an earlier calendar year if the Franchise Tax Board estimates the annual contribution amount will be less than $250,000 for the year, or an adjusted amount calculated from an inflation factor, based on the percentage change in the California Consumer Price Index, multiplied by the prior year's estimated contribution amount, as described.
    This bill would require the Franchise Tax Board to make its minimum contribution estimates by September 1 of each year, as provided, and would specify the years in which the contribution provisions to these funds and accounts are subject to early repeal.  This bill would also require the minimum contribution amount for calendar year 2006, for any voluntary contribution checkoff that appeared on the state income tax return for 2005, to be the same as the minimum contribution amount for calendar year 2005.
    This bill would declare that it is to take effect immediately as an urgency statute.
            9/29/06: Chapter 645, Statutes of 2006.

Summary of the Top Ten State Legislative Proposals

AP - Senior Assembly Proposal       SP - Senior Senate Proposal
AB - California Assembly Bill     SB - California Senate Bill

AP-1 Senior Assembly Members Glasmeier and Woods: Tribal Gaming Funding for Senior Centers.
  This proposal sets aside 20% from payments to the State from any money designated for the General Fund from existing or future Tribal compacts for the purpose of funding the operational costs, construction, and renovation of senior citizen centers.

AP-4 Senior Assembly Member Lucero: Hearing Aid Availability and Cost.
  This proposal requires that hearing aids be made available for over-the counter sales at reasonable prices subject to the regulation of the Department of Health Services.

AP-6 Senior Assembly Member Monck: Electronic Prescription Writing System.
  This proposal requires the imposition of an electronic prescription writing system to reduce errors, improve access to information, and increase efficiency of the process.

AP-17 Senior Assembly Member Lucero: Social Security Number Identification.
  This proposal prohibits businesses from using social security numbers as identification numbers.

AP-23 Senior Assembly Member Glasmeier: Number of Disabled Parking Spaces.
  This proposal increases the number of disabled parking spaces in parking lots and garages.

SP-4 Senior Senator Faustman: Universal Health Care.
  This proposal requires the establishment of a universal health care system that provides comprehensive, affordable health care including mental health and preventative services.

SP-6 Senior Senator Wright: Oral Health in Nursing Homes.
  This proposal requires that the DHS review of nursing home treatment plans include a patient’s oral exam on a quarterly basis and that appropriate referrals to dental professionals be made, with failures reported as abuse.

SP-16 Senior Senator Griswold: Elder and Dependent Adult Abuse Study.
  This proposal requires the AG to study effective ways of detecting, prosecuting, and deterring abuse.

SP-17 Senior Senator Smith: IHSS Caregiver Background Checks.
  This proposal requires IHSS caregivers to submit fingerprints and undergo a background checks to determine suitability to participate in the program as a caregiver, unless a waiver is requested by the care recipient.
        AB 3040 (La Malfa) IHSS providers: fingerprint and criminal background check.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority , or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes.     Existing law provides that the Department of Justice shall secure any criminal record of a person to determine whether the person has been convicted within the last 10 years of, among other offenses, any felony if an employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. Under existing law, a recipient of in-home supportive services is within the definition of employer for those purposes.
    Existing law requires a county to notify IHSS recipients and applicants upon application or the annual redetermination, or upon the changing of providers, of the availability of the criminal record check, and that it can be performed by the Department of Justice.
    Existing law prohibits a person from providing supportive services if he or she has been convicted of specified crimes in the previous 10 years.
    This bill would provide, in addition, that a person shall not be eligible to provide supportive services unless he or she has first secured a criminal record check from the Department of Justice to determine if he or she has been convicted of any of the above crimes in the previous 10 years, and has submitted that information to the State Department of Social Services. The bill would require the applicant to submit a set of fingerprints to the Department of Justice for these purposes, and would require the Department of Justice to charge a fee to the applicant to cover the costs of administering these provisions.
            4/25/06: Committee on Human Services, hearing cancelled at request of author.

SP-19 Senior Senator Griswold: Property Tax Exemptions.
  This proposal increases the homeowner’s property tax exemption from $7,000 to $27,000 for seniors.
        AB 2738 (Wyland) Property tax exemption: senior citizens.
(1) Existing property tax law provides, pursuant to a specified provision of the California Constitution, for a homeowners' exemption in the amount of $7,000 of the full value of a "dwelling," as defined. The California Constitution authorizes the Legislature to increase the amount of the exemption. Existing property tax law reduces the amount of this exemption to the lesser of $5,600 or 80% of the full value of the dwelling, if a claimant for the exemption does not claim the exemption before a specified date.
    This bill would increase, for assessment years beginning on or after January 1, 2007, pursuant to the Legislature's authority under the California Constitution, the amount of this exemption to $27,000 for assessees that are age 62 years or older. This bill, for assessment years beginning on or after January 1, 2007, also would, for assessees age 62 years or older who do not claim the exemption before a specified date, allow an exemption of the lesser of $21,600 or 80% of the full value of the dwelling.
    (2) The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in an amount equal to $120 for married couples filing joint returns, heads of household, and in an amount equal to $60 for other individuals if adjusted gross income is $25,000 or less. The California Constitution requires the Legislature to increase benefits for qualified renters whenever the Legislature increases the homeowners' property tax exemption.
    This bill would increase, beginning on or after January 1, 2007, this credit to $151 for qualified renters who are married couples filing joint returns and heads of household and are age 62 years or older. This bill would also increase, beginning on or after January 1, 2007, this credit to $75 for qualified renters if adjusted gross income is $25,000 or less and who are age 62 years or older.
    (3) The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners' property tax exemption.
    This bill would state the intent of the Legislature to make this required reimbursement in the annual Budget Act.
    (4) By requiring local tax officials to implement new exemption amounts and new exemption criteria, this bill would impose a state-mandated local program.
    The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
    This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
    (5) This bill would take effect immediately as a tax levy.
          5/15/06: Assembly Revenue & Taxation, held under submission

The following proposal from the 2004 CSL Session continues with a two-year bill:

AP-4 Senior Assembly Member Gould: Purpose of Prescriptions.
  This proposal requires that all prescriptions contain a notice of the intended purpose of the drug, unless the patient or the physician requests that this information be omitted.
        AB 288 (Mountjoy) Pharmacies: prescription containers: labels
The existing Pharmacy Law provides for the licensing, regulation, and enforcement of the practice of pharmacy by the California State Board of Pharmacy. Existing law generally makes it a misdemeanor to knowingly violate the Pharmacy Law. The Pharmacy Law prohibits a pharmacist from dispensing a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with, among other things, the condition for which the drug was prescribed if requested by the patient and if the condition is indicated on the prescription.
    This bill would revise this prescription container labeling requirement to, instead, require the container to be labeled with, among other things, the condition for which the drug was prescribed, unless the patient, physician, or a parent or legal guardian of a minor patient requests that the information be omitted. By revising the definition of a crime, this bill would impose a state-mandated local program.
    The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
           3/3/05: To Health and Business & Professions.
         AB 657 (Karnette) Pharmacies: prescription containers: labels
Existing Law, the Pharmacy Law, makes the California State Board of Pharmacy responsible for the regulation of the practice of pharmacy. Existing law generally makes it a misdemeanor to knowingly violate the Pharmacy Law.
    The Pharmacy Law prohibits a pharmacist from dispensing a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with, among other things, the condition for which the drug was prescribed if requested by the patient and if the condition is indicated on the prescription.
    This bill would eliminate the requirement of the labeling requirement pertaining to the condition for which the drug was prescribed, and would instead require the container to be labeled with the intended purpose, as defined, of the drug, as set forth on the prescription, and would require that the purpose be listed on the prescription.
    The bill would, except for veterinarians, require a person who is authorized to write or issue a prescription to ask the patient or his or her authorized representative whether to indicate the intended purpose of the prescription on the prescription's label.
    Because the bill would specify additional requirements under the Pharmacy Law, the violation of which is a crime, it would impose a state-mandated local program. 
    The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
    This bill would provide that no reimbursement is required by this act for a specified reason.
            6/21/06: Amended in Senate Business, Professions, and Economic Development Committee.

The following proposal from the 2004 CSL Session was authored (again) in the legislature in 2005:

AP-6 Senior Assembly Member Kim-Selby: Stroke Education Campaign.
  This proposal establishes a Stroke Education Program to reduce the incidences of stroke through seminar programs in various facilities.
        SB 209 (Alquist) Stroke Education
Existing law establishes the Heart Disease and Stroke Prevention Task Force within the State Department of Health Services and requires the task force to create a heart disease and stroke prevention and treatment state master plan and submit the plan to the Legislature, the Governor, and the department by November 1, 2005. These provisions become inoperative March 1, 2006, and are repealed January 1, 2007.
    This bill would require the State Department of Health Services to implement a stroke education campaign.
           5/26/05: In Appropriations: held under submission.
       SCR 85 (Alquist) American Stroke Month 2006
This measure would recognize May 2006 as American Stroke Month in California, and would urge all California citizens to familiarize themselves with the warning signs, symptoms, and risk factors associated with stroke.
          5/24/06: Chaptered: Chapter 55 of Resolutions of 2006.

Summary of the Top Four Federal Legislative Proposals

AFP - Senior Assembly Federal Proposal       SFP - Senior Senate Federal Proposal

AFP-1 Senior Assembly Member Lacey: Medicare Part B and D Funding.
  This proposal ensures that only 25% of the Social Security annual COLA is used to pay for the increase in Medicare Part B and D.

AFP-5 Senior Assembly Member Jones: Prohibitiion of Social Security Number Identifiers.
  This proposal prohibits agencies from using more than the last four digits of social security numbers as a means of ID.

SFP-4 Senior Senator Gehrig: Medicare Podiatric Preventive Care.
  This proposal expands Medicare coverage to include routine podiatric care visits.

SFP-10 Senior Senator Levy: Privatization of Social Security.
  This proposal prevents companies from increasing profits by cutting or eliminating retirees’ earned health benefits.

 

Summary of the Other State Legislative Proposals

AP - Senior Assembly Proposals       SP - Senior Senate Proposals

AP-3 Senior Assembly Member Abutin: Diabetes Self Management Education Program.
  This proposal requires medical providers to refer specified senior patients to a diabetes self-management education program.

AP-5 Senior Assembly Member Lucero: Medi-Cal Administrative Costs.
  This proposal requires a review of Medi-Cal administrative costs the lowering of the costs equivalent to the costs of Federal medical programs.

AP-7 Senior Assembly Member Duff: Funding for Shared Housing Programs.
  This proposal restores $1.5 million to the budget to fund shared housing programs with preference for extremely low-income seniors.

AP-8 Senior Assembly Member Findley: Mobilhome Park Rental Agreements.
  This proposal extends existing mobilehome park rental agreement provisions to apply to mobilehome owners whose lease had expired.

AP-9 Senior Assembly Members Friedman and Woods: Non-Smoking Sections in Multi-Unit Housing.
  This proposal requires owners of multi-unit housing to provide non-smoking sections for seniors.

AP-11 Senior Assembly Member Loh: Senior Special Residential Needs.
  This proposal requires general plans to include seniors as a special population with definable needs and requires 5% of new residential dwellings utilize universal design principles.

AP-12 Senior Assembly Member Rickles: Funding for Low-Income Housing.
  This proposal establishes a trust fund to finance low-income housing for residents, including seniors and disabled.

AP-14 Senior Assembly Member Bloch: Training Unlicensed Senior Housing Managers.
  This proposal requires DHHS to coordinate a training program for unlicensed senior rental housing managers.

AP-16 Senior Assembly Member Friedman: Marked Senior Crosswalks.
  This proposal requires marked senior crosswalks near care facilities for seniors.

AP-18 Senior Assembly Member Goldman: Senior Citizen ID Cards.
  This proposal requires the DMV to notify seniors who choose not renew driver’s licenses that a senior citizen ID card is available free of charge.

AP-19 Senior Assembly Member Hartschen: Marking Parking Bumpers.
  This proposal requires nonresidential parking lots to paint parking bumpers in reflective colors.

AP-22 Senior Assembly Member Welch: Safety for Wheelchairs, Mobility Aid Devices, and Power Operated Scooters.
  This proposal requires the adoption of Federal safety standards for all manufacturers who sell or ship wheelchairs and scooters to California dealers and residents.

SP-1 Senior Senator Faustman: Services for the Blind and Visually Impaired.
  This proposal moves the authority over services for the blind and visually impaired from the Department of Rehabilitation to every agency that provides public services.

SP-2 Senior Senator Mannia: Education for Private Conservators.
  This proposal establishes an academic training module, internship, and experience exposure for potential conservatorship appointees.

SP-7 Senior Senator Faustman: Paratransit Service Funding.
  This proposal makes additional matching funding available for paratransit services.

SP-8 Senior Senator Smith: Coordinated Transportation Mobility Council.
  This proposal establishes a council to create a transportation database related to elders and disabled; develop more effective utilization of resources; develop a performance measurement; and seek financial support for its functions.

SP-9 Senior Senator Winslow: Use of Automobile Headlights with Windshield Wipers.
  This proposal requires automobile manufacturers to equip new vehicles with an automatic headlight device activated by the windshield wiper controls.

SP-11 Senior Senator Young: Senior Citizen Auto Repair Fraud.
  This proposal expands the definition of elder abuse to include auto repair fraud committed against senior citizens.

SP-13 Senior Senator Formosa: Peace Officer Abuse Training.
  This proposal requires training of peace officers in elder and dependent adult abuse.

Summary of the Other Federal Legislative Proposals

AFP - Senior Assembly Federal Proposal       SFP - Senior Senate Federal Proposal

AFP-2 Senior Assembly Member Loh: Food Stamp Eligibility.
  This proposal prevents a reduction in food stamp eligibility for seniors receiving Medicare Part D prescription drug coverage.

AFP-4 Senior Assembly Member Mitchell: Portable Oxygen Concentrator Devices on Aircraft.
  This proposal would require aircraft operators to allow passengers needing oxygen therapy to carry on portable oxygen concentrators.

AFP-6 Senior Assembly Member Godager: Social Security Representative Payees.
  This proposal prohibits care facility operators and conservators who operate facilities from being designated as Social Security representative payees unless related by blood or marriage.

SFP-1 Senior Senator Faustman: Rehabilitation Entitlement for the Blind.
  This proposal creates a rehabilitation entitlement for the blind that is adequate for reeducation and independence.

SFP-2 Senior Senator Lundin: Federal Annuitant Health Insurance Premiums.
  This proposal permits federal annuitants to be eligible for “premium conversion” in order to pay their share of health insurance premiums with pretax dollars.

SFP-7 Senior Senator Winslow: Use of Automobile Headlights with Windshield Wipers.
  This proposal requires automobile manufacturers to equip new vehicles with an automatic headlight device activated by the windshield wiper controls.

SFP-9 Senior Senator Erven: Disabled ID Cards and Licenses.
  This proposal amends the ADA to authorize states to charge a fee for ID cards and driver’s licenses imprinted with the handicapped symbol.