SENIOR ASSEMBLY PROPOSAL NO. 3

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 3: FINANCIAL ELDER ABUSE REPORTING

THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 EXTENDS THE MANDATED REPORTER REQUIREMENTS OF SPECIFIED PROVISIONS OF EXISTING LAW TO INCLUDE, FROM JANUARY 1, 2007, TO JANUARY 1, 2013, INCLUSIVE, CERTAIN FINANCIAL INSTITUTIONS AS MANDATED REPORTERS OF SUSPECTED FINANCIAL ABUSE, AS DEFINED, AND, WITH CERTAIN EXCEPTIONS, MAKES FAILURE TO COMPLY WITH THESE REQUIREMENTS SUBJECT TO A CIVIL PENALTY.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DELETE THE REPEAL DATE OF THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005.

VOTE: MAJORITY.

AP 3: RELATING TO FINANCIAL ELDER ABUSE REPORTING

WHEREAS, THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 (CHAPTER 140 OF THE STATUTES OF 2005) EXTENDS THE MANDATED REPORTER REQUIREMENTS OF THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT (CHAPTER 11 (COMMENCING WITH SECTION 15600) OF PART 3 OF DIVISION 9 OF
THE WELFARE AND INSTITUTIONS CODE) TO INCLUDE, FROM JANUARY 1, 2007, TO JANUARY 1, 2013, INCLUSIVE, CERTAIN FINANCIAL INSTITUTIONS AS MANDATED REPORTERS OF SUSPECTED FINANCIAL ABUSE, AS DEFINED, AND, WITH CERTAIN EXCEPTIONS, MAKES FAILURE TO COMPLY WITH THESE REQUIREMENTS SUBJECT TO A CIVIL PENALTY; AND

WHEREAS, AMONG THE PURPOSES FOR ESTABLISHING A REPEAL DATE FOR THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 TO ENABLE THE LEGISLATURE TO GAUGE THE EFFECTIVENESS OF REQUIRING FINANCIAL INSTITUTIONS TO BE MANDATED REPORTERS; AND

WHEREAS, THAT EFFECTIVENESS HAS BEEN DEMONSTRATED; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE REPEAL DATE OF THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 BE DELETED; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 08 22200

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