2011 California Legislative Update
CANHR Sponsored or Co–sponsored Bills:
SB 180 (Corbett): VA Pensions
This bill would prohibit a person from charging or receiving
an unreasonable fee to prepare, aid, or advise individuals in obtaining or maintaining VA
benefits and pensions. Status: Signed by the Governor on July 12.
SB 558 (Simitian): Burden of Proof in Elder Abuse Cases
This bill would change the burden of proof in elder abuse civil law from "clear and convincing evidence" to "preponderance of the evidence." Co-sponsored with Consumer Attorneys of California. Status: Held in Committee August 25.
SB 897 (Leno): The RCFE Residents Foreclosure Protection Act of 2011
This bill would require RCFE licensees to notify the Department of Social Services and the facility residents and their representatives when the facility is in financial distress such as foreclosure or bankruptcy. It provides for civil penalties and loss of licensure when a facility fails to notify residents and a resident is subsequently relocated and suffers transfer trauma.
Status: Signed by the Governor on September 30.
Supported by CANHR
AB 313 (Monning): Notifying RCFE Residents of Adverse Actions
This bill would require RCFE licensees to notify residents and their responsible parties when the Department of Social Services commences proceedings to revoke or suspend a facility's license or when a criminal action is brought against the facility. It would also require a copy of the notice be posted in a conspicuous location in the facility.
Status: Signed by the Governor on September 30.
AB 332 (Butler): Elder Abuse Penalties
This bill would create a fine structure for criminal elder financial abuse. If passed, there would be fines of $1,000 when the victim lost less then $950 and fines of $2,500 to $10,000 when the loss exceeds $950. Status: Signed by the Governor on September 30.
AB 354 (Silva): Estates and Trusts – Wrongful Taking of Property
This bill would extend existing liability for those who in bad faith wrongfully take, conceal or dispose of property belonging to the estate of a decedent, conservatee, minor or trust and extend liability to twice the value of the property recovered. Status: Signed by the Governor on July 1.
AB 641 (Feuer): Nursing Home Citations
This bill would eliminate citation review conferences, which are the first stage of appeals for nursing homes to contest citations and would extend certain spousal impoverishment protections under Medi-Cal to same-sex spouses and registered domestic partners who need long term care. Status: Signed by the Governor on October 9.
AB 689 (Blumenfield): Suitability Standards for Annuities
This bill would establish a suitability standard for annuities that are sold to California consumers. Insurance agents would not be allowed to sell annuities to a person unless they have reasonable grounds to believe, given the totality of the person’s particular financial situation, that the annuity transaction would be appropriate. The bill is a milestone in consumer protection and would go a long way in eliminating some of the insurance industry’s most blatant abuses.
Status: Signed by the Governor on September 2.
AB 793 (Eng): Reverse Mortgages
This bill would prohibit insurance agents or brokers to be involved with selling reverse mortgages and would also prohibit the use of reverse mortgage equity as a funding source for annuity purchases. Status: Signed by the Governor on September 6.
AB 1062 (Dickinson): Arbitration Appeals
This bill would delete an order dismissing or denying a petition to compel arbitration as a basis from which an appeal may be taken. Status: Inactive file, September 9.
AB 1293 (Blumenfield): Financial Elder Abuse, Forfeiture
This bill authorizes the court in financial elder abuse cases to compel a defendant to forfeit ill-gotten gains when the value of the property stolen from the elder was more than $100,000. Status: Signed by the Governor on September 30.
SB 33 (Simitian and Wolk): Financial Elder Abuse
Laws governing reporting of financial elder abuse are set to expire on January 1, 2013. This bill would delete the repeal dates and continue the reporting requirements. Status: Signed by the Governor on September 30.
Opposed by CANHR
SB 590 (Calderon): Life Insurance
Currently, insurance agents are required to notify a senior in writing 24-hours in advance of a first-time visit that they intend to gain entrance into his or her home with the intent to sell an insurance product. The current law recognizes the perils posed by insurance agents who appear unannounced at the doorsteps of seniors. This bill seeks an exception for insurance agents who sell funeral policies. There is no justification for carving out any exceptions for insurance agents who sell funeral policies. Status: Vetoed by the Governor on September 30.
AB 699 (Wagner): Transfer on Death Deed
This bill would have created a revocable transfer on death deed (revocable TOD deed) which would transfer real property on the death of its owner without a probate proceeding. The bill would have required that a person have testamentary capacity to make or revoke the deed and would require that the deed be in a statutory form provided for this purpose. Status: Failed Senate Judiciary.
Page Last Modified: January 23, 2012
