California 2013-2014 Regular Session Status: To Executive

AB 477 — Elder and dependent adult abuse: mandated reporting.

Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Financial Elder Abuse Reporting Act of 2005, establishes procedures for the reporting of suspected financial abuse of an elder or dependent adult, as defined. These procedures require mandated reporters of suspected financial abuse of an elder or dependent adult, as defined, to report known or suspected instances of financial abuse of an elder or dependent adult, as specified. Existing law makes a violation of the reporting requirements subject to a civil penalty. This bill would include notaries public in the definition of mandated reporters of suspected financial abuse of an elder or dependent adult and would require a notary public, if he or she has observed or has knowledge of suspected financial abuse in connection with providing notary services, to report the known or suspected instance of financial abuse. The bill would provide that this requirement is applicable only when the notary public knows that the victim of the suspected financial abuse is an elder or dependent adult. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Any violation of the confidentiality of these reports is a misdemeanor. This bill would extend that confidentiality to a notary public's report of known or suspected financial abuse of an elder or dependent adult. By increasing the scope of a crime, the bill would impose a state-mandated local program. Existing law authorizes a care custodian, clergy member, health practitioner, and an employee of an adult protective services agency or a law enforcement agency to present a claim to the California Victim Compensation and Government Claims Board for reasonable attorney's fees incurred in any action against that person for making a report of known or suspected abuse of an elder or dependent adult, as specified. This bill would additionally authorize a notary public to present a claim to the board for reasonable attorney's fees incurred in an action against that person for making a report pursuant to these provisions. Existing law requires a county adult protective services agency to report every known or suspected instance of abuse of an elder or dependent adult, as specified, to any public agency given responsibility for investigation in that jurisdiction of cases of elder and dependent adult abuse. Existing law also requires a county adult protective services agency to provide mandated reporters of suspected financial abuse of an elder or dependent adult with instructional materials regarding abuse and neglect of an elder or dependent adult and their obligation to report under these provisions. The bill would require a county adult protective services agency to additionally report a known or suspected instance of abuse reported by a notary public and to additionally provide instructional materials to notaries public. By increasing the duties of local agencies, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 4:30 p.m.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 17. Page 3201.).

  6. From committee: That the Senate amendments be concurred in. (Ayes 4. Noes 1.) (September 10).

  7. Joint Rule 62(a), file notice suspended. (Page 3147.)

  8. Re-referred to Com. on AGING & L.T.C. pursuant to Assembly Rule 77.2.

  9. Assembly Rule 63 suspended. (Ayes 53. Noes 25. Page 3064.)

  10. Assembly Rule 77 suspended. (Ayes 53. Noes 25. Page 3064.)

  11. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.

  12. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2232.).

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 5. Noes 2.) (August 30).

  15. In committee: Placed on APPR. suspense file.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 2). Re-referred to Com. on APPR.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  21. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 2.) (June 11). Re-referred to Com. on JUD.

  22. Re-referred to Coms. on HUMAN S. and JUD.

  23. Re-referred to Com. on RLS.

  24. Withdrawn from committee.

  25. Referred to Coms. on HUMAN S. and PUB. S.

  26. In Senate. Read first time. To Com. on RLS. for assignment.

  27. Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 16. Page 1321.)

  28. Read third time and amended. Ordered to third reading. (Page 1262.)

  29. Read second time. Ordered to third reading.

  30. From committee: Do pass. (Ayes 6. Noes 1.) (April 23).

  31. Re-referred to Com. on AGING & L.T.C.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

  33. Referred to Com. on AGING & L.T.C.

  34. From printer. May be heard in committee March 22.

  35. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Chau

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 477 CHAU Concurrence in Senate Amendments

Passed 59 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 541502
Democratic 4000
Republican 1200
Total 591702
% of votes cast 76%22%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Logue — Nay
Maienschein — Yea
Mansoor — Nay
Perea — Yea
Rendon — Yea
Weber — Yea
Williams — Yea
Campos — Yea
Frazier — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gorell — Yea
Fong — Yea
Mitchell — Yea
Chau — Yea
Chesbro — Yea
Bonilla — Yea
Hall — Yea
Jones-Sawyer — Yea
Levine — Yea
Medina — Yea
Bocanegra — Yea
Melendez — Yea
John A. Pérez — Yea
Salas — Yea
Cooley — Yea
Morrell — Nay
Mullin — Yea
Alejo — Yea
Bigelow — Yea
Daly — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Nazarian — Yea
Quirk — Yea
Skinner — Yea
Ting — Yea
Wieckowski — Yea
Wilk — Yea
Allen — Not Voting
Harkey — Nay
Chávez — Nay
Conway — Nay
Linder — Nay
Nestande — Nay
Olsen — Nay
Pan — Not Voting
Wagner — Nay
Waldron — Nay
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

amendments be concurred in.

Passed 4 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Republican 0001
Total 4102
% of votes cast 57%14%0%29%
How each member voted (7)
Member Party Vote
Brown — Yea
Gray — Not Voting
Daly — Yea
Levine — Yea
Wagner — Nay
Yamada — Yea
Grove, Shannon Republican Not Voting

Official roll call →

3rd Reading AB477 Chau By Corbett

Passed 30 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 27801
Democratic 3000
Total 30801
% of votes cast 77%21%0%3%
How each member voted (39)
Member Party Vote
Block — Yea
Knight — Nay
Liu — Yea
Monning — Yea
Pavley — Yea
Vidak — Nay
Wright — Yea
Wyland — Yea
Galgiani — Yea
Hancock — Yea
Cannella — Yea
Anderson — Yea
Hernandez — Yea
Hueso — Yea
De León — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Beall — Yea
Corbett — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Fuller — Nay
Hill — Yea
Huff — Nay
Nielsen — Nay
Walters — Nay
Wolk — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
De León — Yea
Hill — Yea
Steinberg — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 477 CHAU Assembly Third Reading

Passed 59 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 521204
Democratic 6100
Republican 1300
Total 591604
% of votes cast 75%20%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Linder — Nay
Logue — Not Voting
Maienschein — Yea
Mansoor — Nay
Perea — Yea
Rendon — Yea
Wagner — Nay
Wilk — Yea
Gomez — Yea
Gorell — Yea
Hall — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Daly — Yea
Bonilla — Yea
Bigelow — Yea
Nazarian — Yea
Quirk — Yea
Skinner — Yea
Torres — Yea
Gatto — Yea
Hagman — Nay
Holden — Not Voting
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Medina — Yea
Melendez — Yea
Morrell — Nay
Campos — Yea
Mullin — Yea
Nestande — Nay
Olsen — Nay
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Eggman — Yea
Pan — Not Voting
Ting — Yea
Waldron — Not Voting
Weber — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Donnelly — Nay
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Brown — Yea
Wagner — Nay
Gray — Yea
Levine — Yea
Daly — Yea
Yamada — Yea
Grove, Shannon Republican Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does AB 477 do?
Existing law, the Financial Elder Abuse Reporting Act of 2005, establishes procedures for the reporting of suspected financial abuse of an elder or dependent adult, as defined. These procedures require mandated reporters of suspected financial abuse of an elder or dependent adult, as defined, to report known or suspected instances of financial abuse of an elder or dependent adult, as specified. Existing law makes a violation of the reporting requirements subject to a civil penalty. This bill would include notaries public in the definition of mandated reporters of suspected financial abuse of an elder or dependent adult and would require a notary public, if he or she has observed or has knowledge of suspected financial abuse in connection with providing notary services, to report the known or suspected instance of financial abuse. The bill would provide that this requirement is applicable only when the notary public knows that the victim of the suspected financial abuse is an elder or dependent adult. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Any violation of the confidentiality of these reports is a misdemeanor. This bill would extend that confidentiality to a notary public's report of known or suspected financial abuse of an elder or dependent adult. By increasing the scope of a crime, the bill would impose a state-mandated local program. Existing law authorizes a care custodian, clergy member, health practitioner, and an employee of an adult protective services agency or a law enforcement agency to present a claim to the California Victim Compensation and Government Claims Board for reasonable attorney's fees incurred in any action against that person for making a report of known or suspected abuse of an elder or dependent adult, as specified. This bill would additionally authorize a notary public to present a claim to the board for reasonable attorney's fees incurred in an action against that person for making a report pursuant to these provisions. Existing law requires a county adult protective services agency to report every known or suspected instance of abuse of an elder or dependent adult, as specified, to any public agency given responsibility for investigation in that jurisdiction of cases of elder and dependent adult abuse. Existing law also requires a county adult protective services agency to provide mandated reporters of suspected financial abuse of an elder or dependent adult with instructional materials regarding abuse and neglect of an elder or dependent adult and their obligation to report under these provisions. The bill would require a county adult protective services agency to additionally report a known or suspected instance of abuse reported by a notary public and to additionally provide instructional materials to notaries public. By increasing the duties of local agencies, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 477?
AB 477 is sponsored by Chau.
What is the current status of AB 477?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 477?
Track AB 477 free on One Click Politics — get push/email alerts when it moves.

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