2012 Legislative Proposals

The following are legislative proposals developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2012.

For information concerning these proposals contact:

  • the person(s) named on the individual proposals;
  • Saul Bercovitch, Legislative Counsel, Office of Governmental Affairs; or
  • Mark Weideman, Legislative Representative for the State Bar Sections.

Title & Brief Description Sponsor Code §§ Affected
Indemnification of Employee Benefit Plan Fiduciaries
(BLS-2012-01)

Indemnification of Employee Benefit Plan Fiduciaries
(BLS-2012-01) (ADA Version)

Would eliminate the ambiguity in the Corporations Code regarding the indemnification standards applicable to fiduciaries of an employee benefit plan when acting on behalf of a nonprofit public benefit, mutual benefit, religious or consumer cooperative corporation.
Business Law Section (Nonprofit & Unincorporated Organizations Committee) Amends §§ 5238(j), 7237(j), 9246(j), and 12377(j) of the Corporations Code
Signature Requirement on Financing Statements
(BLS-2012-02)

Signature Requirement on Financing Statements
(BLS-2012-02) (ADA Version)

Would conform Section 3440.1(h) of the Civil Code to Division 9 of the Commercial Code by eliminating the requirement that a financing statement be signed by the transferor and instead requiring that the financing statement be authorized in an authenticated record.
Business Law Section (UCC Committee) Amends § 3440.1(h) of the Civil Code
Physician Ownership and Referral Act of 1993
(BLS-2012-03)

Physician Ownership and Referral Act of 1993
(BLS-2012-03) (ADA Version)

Would make a clarifying change to the Physician Ownership and Referral Act of 1993 (“PORA”), to encourage the adoption of electronic health record technology in California health care settings, and other clarifying changes to PORA.
Business Law Section (Health Law Committee)
Amends §§ 650.01 and 650.02 of the Business and Professions Code
Proposal to Extend Anti-Deficiency Protection to Refinanced Mortgage Obligations
(BLS-2012-04)

Proposal to Extend Anti-Deficiency Protection to Refinanced Mortgage Obligations
(BLS-2012-04) (ADA Version)

Would (1) extend purchase money anti-deficiency protection to homeowners who have refinanced their home loans, and (2) codify the right of sold-out property vendors who subordinate their liens to new construction financing to obtain a deficiency against the developer after foreclosure.
Business Law Section (Insolvency Law Committee) Amends § 580b of the Code of Civil Procedure
Recovery of Fees and Costs for Guardian Ad Litem in Elder Abuse Actions
(T&E-2012-05)

Recovery of Fees and Costs for Guardian Ad Litem in Elder Abuse Actions
(T&E-2012-05) (ADA Version)

Would conform the treatment of a guardian ad litem to the treatment of a conservator for purposes of recovering fees and costs in an elder abuse action.
Trusts & Estates Section Amends §§ 15657 and 15657.5 of the Welfare and Institutions Code
California Exemption to Termination of Title Insurance on Transfers to Revocable Trusts
(T&E-2012-06)

California Exemption to Termination of Title Insurance on Transfers to Revocable Trusts
(T&E-2012-06) (ADA Version)

Would provide that coverage under a policy of title insurance issued after enactment of the new statute will continue from the named insured to a transferee when title to property is transferred by the insured to the trustee of a revocable trust of which the insured is a beneficiary with the power to revoke.
Trusts & Estates Section Adds new Article 9, section 12419 to Division 2, Part 6, Chapter 1 of the Insurance Code
Revocation of Joint Trusts Following Death of a Settlor
(T&E-2012-07)

Revocation of Joint Trusts Following Death of a Settlor
(T&E-2012-07) (ADA Version)

Would clarify the law to (1) make it clear that a settlor can grant a spouse or other party a power of revocation over the settlor’s property in a joint trust and that this power can continue after the death of the settlor, and (2) more clearly address what should happen to property that is subject to a power of revocation.
Trusts & Estates Section
Amends §§ 15401 and 15410 of the Probate Code
Motions in Probate Proceedings
(T&E-2012-08)

Motions in Probate Proceedings
(T&E-2012-08) (ADA Version)

Would harmonize procedures in probate litigation and general civil litigation by clarifying that, subject to three specific exceptions, the motions available in general civil litigation are also available in litigation under the Probate Code.
Trusts & Estates Section Amends § 1000 of the Probate Code
Nomination of Administrator of a Decedent’s Estate by a Non-Resident
(T&E-2012-09)

Nomination of Administrator of a Decedent’s Estate by a Non-Resident
(T&E-2012-09) (ADA Version)

Would provide that a person otherwise entitled to nominate an administrator of a decedent’s estate will not be disqualified from doing so solely by virtue of the fact that the nominating person is not a resident of the United States.
Trusts & Estates Section Amends § 8465 of the Probate Code

Membership in the State Bar's sections is voluntary and funding for section activities, including all legislative activities, is obtained entirely from voluntary sources.