Bill Text: CA SB609 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Office of the State Long-Term Care Ombudsman.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-10-03 - Chaptered by Secretary of State. Chapter 521, Statutes of 2013. [SB609 Detail]

Download: California-2013-SB609-Amended.html

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BILL NUMBER: SB 609	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wolk

                        FEBRUARY 22, 2013

   An act to amend Sections 9714, 9714.5, and 9732 of the Welfare and
Institutions Code, relating to public social services, and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 609, as amended, Wolk. Office of the State Long-Term Care
Ombudsman.
   Existing law, as part of the Mello-Granlund Older Californians
Act, establishes the Office of the State Long-Term Care Ombudsman,
under the direction of the State Long-Term Care Ombudsman, in the
California Department of Aging. Existing law provides for the
Long-Term Care Ombudsman Program under which funds are allocated to
local ombudsman programs to assist elderly persons in long-term
health care facilities and residential care facilities by, among
other things, investigating and seeking to resolve complaints against
these facilities. Existing law requires the office to solicit and
receive funds, gifts, and contributions to support the operations and
 program   programs  of the office.
   This bill would require the office to deposit those funds into the
Long-Term Care Ombudsman Program Improvement Act Fund, and would
continuously appropriate those funds for the purpose of supporting
the operations and programs of the office.
   Under existing law, anyone who willfully interferes with a lawful
action of the office is subject to a civil penalty of no more than
$1,000, to be assessed by the Director of Aging, who is required to
initiate the action, upon request of the office, to collect the
penalties.
   This bill would increase the maximum civil penalty amount to
 $2,000   $2,500  for each incident, and
would instead require the director to initiate an action if the
penalty is not paid within 30 days of the assessment. This bill would
create the Access to Facilities Account, and require those penalties
to be deposited into the account to, upon appropriation by the
Legislature,  support the operations and programs of
  be availab   le to  the office  ,
and require no less than 75% of that amount to be dedicated to fund
services at local ombudsman   programs  .
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9714 of the Welfare and Institutions Code is
amended to read:
   9714.  The office shall solicit and receive funds, gifts, and
contributions to support the operations and programs of the office.
The office shall not solicit or receive any funds, gifts, or
contributions if the solicitation or receipt would jeopardize the
independence and objectivity of the office. Notwithstanding Section
13340 of the Government Code, the office shall deposit funds received
pursuant to this section into the Long-Term Care Ombudsman Program
Improvement Act Fund that is hereby continued in existence and
continuously appropriated, without regard to fiscal year, for the
purpose of supporting the operations and programs of the office.
  SEC. 2.  Section 9714.5 of the Welfare and Institutions Code is
amended to read:
   9714.5.  (a) The office may form a foundation eligible to receive
tax-deductible contributions to support the operations and programs
of the office and the operations of the foundation. The foundation
shall not solicit or receive any funds, gifts, or contributions if
the solicitation or receipt would jeopardize the independence and
objectivity of the office or foundation.
   (b) The foundation formed pursuant to this section shall be under
the direction and management of a five-member board of directors. One
member shall be appointed by the Speaker of the Assembly, one member
shall be appointed by the Senate Committee on Rules, and three
members shall be appointed by the Governor. The members of the board
shall each be experienced in the management, promotion, and funding
of nonprofit charitable organizations.
   (c) The board shall select from among its members a chair, a vice
chair, and any other officers as it deems necessary.
   (d) The members of the board shall serve without compensation, but
shall be reimbursed for all necessary expenses actually incurred in
the performance of their duties as directors.
   (e) Three members of the board shall constitute a quorum for the
purpose of conducting the board's business.
   (f) By March 1 of each year, the board shall determine the amount
of funds to be allocated from the foundation to the office for the
support of the operations and programs of the office and the
operations of the foundation. Foundation funds may only be expended
for the support of the operations and programs of the office and the
operations of the foundation.
   (g) The members of the board shall be free from conflicts of
interest and shall be subject to the same conflict of interest
provisions that apply to the State Ombudsman under Section 3058g(f)
(3) of Title 42 of the United States Code.
  SEC. 3.  Section 9732 of the Welfare and Institutions Code is
amended to read:
   9732.  (a) Any person who willfully interferes with any lawful
action of the office shall be subject to a civil penalty of no more
than two thousand  five hundred  dollars  ($2,000)
  ($2,500)  for each incident. The civil penalty
shall be assessed by the director. If the penalty is not paid within
30 days of the assessment, the director shall initiate an action to
collect the penalties in the jurisdiction in which the facility is
located.
   (b) All civil penalties collected by the department pursuant to
this section shall be deposited into the Access to Facilities
Account, which is hereby created within the Special Deposit Fund
under Section 16370 of the Government Code. Funds in this account
shall be available, upon appropriation, to support the
operations and programs of  the office  , and no less
than 75 percent of the penalties collected shall be dedicated to fund
services at local ombudsman programs  .