Section § 9200

Explanation

This section establishes the California Commission on Aging within the state government. The commission is made up of 18 members, with appointments made by the Governor, the Speaker of the Assembly, and the Senate Rules Committee. Most members must be 60 or older and include consumers and providers of services like housing, health care, and elder justice. The commission reflects California's diverse geography, culture, and economy, and follows specific requirements when positions become vacant.

Meetings of the commission are subject to the state's Open Meeting laws, ensuring transparency and public accessibility.

(a)Copy CA Welfare and Institutions Code § 9200(a)
(1)Copy CA Welfare and Institutions Code § 9200(a)(1) There is in the state government the California Commission on Aging.
(2)CA Welfare and Institutions Code § 9200(a)(2) The commission shall be composed of 18 persons, as follows:
(A)CA Welfare and Institutions Code § 9200(a)(2)(A) Twelve persons shall be appointed by the Governor. At least 2 of the 12 persons shall be appointed by the Governor from nominees submitted by, among others, area agency on aging directors and the Area Agency on Aging Advisory Council of California, also known as the Triple-A Council of California.
(B)CA Welfare and Institutions Code § 9200(a)(2)(B) Three persons appointed by the Speaker of the Assembly.
(C)CA Welfare and Institutions Code § 9200(a)(2)(C) Three persons appointed by the Senate Rules Committee.
(3)CA Welfare and Institutions Code § 9200(a)(3) The commission shall be comprised of a majority of members 60 years of age or older.
(4)CA Welfare and Institutions Code § 9200(a)(4) The commission shall be comprised of actual consumers and providers of services under the federal Older Americans Act (42 U.S.C. Sec. 3001, et seq.), as amended, with professional, lived, or academic expertise both within and outside of the field of aging, including, but not limited to, health, behavioral health, Alzheimer’s and related dementias, long-term services and supports, long-term care, housing, transportation, independent living, workforce development, caregiving, elder justice, information technology, and economic security, among others.
(5)CA Welfare and Institutions Code § 9200(a)(5) The commission shall be composed of representatives of the geographic, cultural, economic, and other social factors in the state.
(b)CA Welfare and Institutions Code § 9200(b) The commission composition requirements shall be complied with as vacancies occur.
(c)CA Welfare and Institutions Code § 9200(c) For the purposes of conducting meetings pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission is an “advisory commission” within the meaning of subdivision (b) of Section 11123.5 of the Government Code and, therefore, subject to Section 11123.5 of the Government Code.

Section § 9201

Explanation

The members of this commission serve for three-year terms and can only be reappointed for one additional term. Members are chosen for staggered terms to ensure continuity. Each year, the members choose one person to be the chairperson and another to be the vice chairperson.

If a commissioner misses two meetings in a row or four meetings in a year without an acceptable excuse, the commission will inform the person who appointed them. That authority may then decide to declare the commissioner's position vacant.

The term of office of members of the commission shall be three years. Members shall not serve more than two full terms and shall be appointed for staggered terms. The members shall select one of their members to serve as chairperson and one of their members to serve as vice chairperson on an annual basis.
A commissioner who fails to attend two consecutive monthly meetings or who fails to attend four meetings per year, without having given written excuse acceptable to the commission, shall cause the commission to notify the appointing authority, and the appointing authority may declare the position vacant.

Section § 9202

Explanation

The commission is responsible for advocating for older individuals in California. Their duties include advising on laws and regulations impacting older adults and those with disabilities, providing training workshops, and disseminating information about their health and well-being. They also participate in planning and evaluating the State Plan on Aging, hold regular meetings and hearings across the state to gather information, and give recommendations to state leaders.

The commission can hire an executive director and necessary staff to help them fulfill their responsibilities. They also collaborate with other aging agencies, engage in federal advocacy, and monitor relevant federal laws impacting older individuals.

The duties and functions of the commission shall include, but not be limited to, all of the following:
(a)CA Welfare and Institutions Code § 9202(a) Serve as the principal advocate body in the state on behalf of older individuals, including, but not limited to, advisory participation in the consideration of all legislation, regulations, and initiatives made by state and federal departments and agencies relating to programs and services that affect older adults, adults with disabilities, and caregivers.
(b)CA Welfare and Institutions Code § 9202(b) Participate with the department in training workshops for community, regional and statewide aging and disability advocates, to promote greater understanding of the legislative, regulatory, and program implementation processes.
(c)CA Welfare and Institutions Code § 9202(c) Prepare, publish, and disseminate information, findings, and recommendations regarding the health and well-being of older individuals.
(d)CA Welfare and Institutions Code § 9202(d) Actively participate and advise the department in the development and preparation of the State Plan on Aging, conduct public hearings on the State Plan on Aging, review and comment on the state plan, and monitor the progress of the plan’s implementation.
(e)CA Welfare and Institutions Code § 9202(e) Meet at least four times annually in order to study problems of older individuals and present findings and make recommendations.
(f)CA Welfare and Institutions Code § 9202(f) Hold hearings throughout the state, that may include conducting an annual statewide hearing inviting all departments administering programs affecting older adults, adults with disabilities, and caregivers, in order to gather information and advise the Governor, Legislature, department, and agencies on all levels of government regarding solutions to problems confronting older individuals and the most effective use of existing resources and available services for individuals.
(g)CA Welfare and Institutions Code § 9202(g) Hire an executive director, who will, within budgetary limits, hire staff as may be necessary for the commission to fulfill its duties.
(h)CA Welfare and Institutions Code § 9202(h) Perform other duties as may be required by statute, regulation, resolution, or executive order.
(i)CA Welfare and Institutions Code § 9202(i) Meet and consult with the Area Agency on Aging Advisory Council of California in order to exchange information, and assist in training, planning, and development of advocacy skills.
(j)CA Welfare and Institutions Code § 9202(j) Monitor and, when deemed appropriate, engage in federal advocacy efforts that may include, but not be limited to, providing comments on federal Older Americans Act reauthorizations and federal rulemaking packages impacting older adults, adults with disabilities, and caregivers.

Section § 9203

Explanation

This law section says that the commission can receive gifts and grants from any public or private source to help it do its work. These funds add to the money already allocated for the commission's support. However, the department must handle the financial aspects of these funds, and the commission cannot use this money to run any programs that would interfere with the department's legal responsibilities.

The commission may accept gifts and grants from any source, public or private, to assist it in the performance of its functions, and the gifts and grants shall operate to augment any appropriation made for the support of the commission, provided that the department shall serve as the fiscal agent for the accounting of the gifts and grants and that no gifts or grants shall be used for the operation by the commission of direct service programs that would conflict with the department’s duties and functions as described by law.

Section § 9203.5

Explanation

This law allows the commission to accept gifts for the Area Agency on Aging Advisory Council of California. However, they must follow the rules outlined in Section 9203 when doing so.

The commission may also accept gifts on behalf of the Area Agency on Aging Advisory Council of California, subject to the provisions of Section 9203, as those provisions apply to the commission.

Section § 9204

Explanation

This law clarifies that any mention in state statutes of the Citizens Advisory Committee on Aging, specifically its advisory or advocacy roles, is actually referring to the California Commission on Aging. For any other roles not related to advisory or advocacy, the reference should be understood to mean the department responsible.

Wherever there is a reference in any statute of this state to the Citizens Advisory Committee on Aging of the California Commission on Aging, it shall be construed to refer to the California Commission on Aging if the reference concerns an advisory or advocacy function, or a function described in Section 9202. Any other reference shall be construed to refer to the department.

Section § 9205

Explanation

Commission members can get reimbursed for travel and other expenses they have while doing their official work.

Members of the commission shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their official duties.