Van De Kamp, 040683 CAAGO, AGO 82-1113

Docket Nº:AGO 82-1113
Case Date:April 06, 1983
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
CLAYTON P. ROCHE Deputy Attorney General
AGO 82-1113
No. 82-1113
California Attorney General Opinion
Office of the Attorney General State of California
April 6, 1983
         THE CALIFORNIA COMMISSION ON AGING AND LONG-TERM CARE has requested an opinion on the following question:          Is the California Commission on Aging and Long-Term Care empowered by law to sell advertising space in its monthly newsletter, The Senior Advocate, to help defray the cost of printing and publishing such newsletter?          CONCLUSION          The California Commission on Aging and Long-Term Care is not empowered by law to sell advertising space in its monthly newsletter, The Senior Advocate, to help defray the cost of printing and publishing such newsletter.          ANALYSIS          The Older Californians Act is contained in division 8.5 of the Welfare and Institutions Code, section 9000 et seq.1 Under that act both the California Commission on Aging and Long-Term Care (§ 9200 et seq.) and the California Department of Aging and Long-Term Care (§ 9300) are established, as well as Area Agencies on Aging (§ 9350 et seq.,) and advisory councils thereof (§ 9360 et seq.) and community long-term care agencies (§ 9810 et seq.). Our focus herein is on the California Commission on Aging and Long-Term Care (hereinafter "Commission"), and its newsletter, "The Senior Advocate."          The duties and functions of the Commission are generally set forth in section 9201. The Commission is to act as the "principal advocate body in the state on behalf of older persons and younger functionally impaired adults." In acting in such capacity the Commission is to perform such duties and functions as advising the Department of Aging and Long-Term Care and aiding it in preparing a State Plan on Aging, holding hearings throughout the state to gather information to advise the Governor, Legislature and all state agencies regarding solutions to problems confronting older persons and younger functionally impaired adults, and participating in workshops for the benefit of other "senior advocates."          Subdivision (c) of section 9201 sets forth the specific duty of the Commission which gives rise to this request for our opinion. It provides that the Commission is to:
"(c) Prepare, publish and disseminate information, findings and recommendations regarding the well-being of older or functionally impaired adults."
         To discharge its duty to "prepare, publish and disseminate information," the Commission has been publishing for a number of years a monthly newsletter containing information of interest to older citizens. For example, the July 1982 newsletter consisted of eight pages and contained reports on the 1981 White House Conference on Aging, state legislation both enacted and proposed of interest to older citizens, the Commission's position on certain election matters, and a report on social security and private pension matters. To date the Commission has paid the costs of printing and publishing...

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