AB 797 — Financial abuse of elder adults.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law imposes various reporting requirements on mandated reporters of suspected financial abuse, as defined, of an elder or dependent adult, and imposes a civil penalty for a violation of these provisions. Under existing law, all officers and employees of financial institutions, as defined, are mandated reporters of suspected financial abuse. Existing law, the Money Transmission Act, provides for the licensure and regulation, by the Commissioner of Business Oversight, of certain persons engaged in the business of money transmission. This bill would require a business that is licensed under the Money Transmission Act whose primary business function is transmitting money, that operates out of a physical storefront or location and that does not engage in other transactions, to provide notice to customers who are 65 years of age or older making the customer aware that fraud has been committed in recent years by means of money transmittals. The bill would govern the manner for providing the notice and would require the customer who receives the notice to provide confirmation that the customer has read and understood the notice before proceeding with the transaction. The bill would require the notice to be in a form prescribed by the commissioner and would require the commissioner to prescribe that form. The bill would require a civil penalty in the amount of $5,000 to be imposed for the willful failure to provide this notice.
Bill Text
- Amended 03/26/19 - Amended Assembly Current pdf March 26, 2019
- Introduced 02/20/19 - Introduced pdf February 20, 2019
- AB797 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on AGING & L.T.C.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.
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Referred to Coms. on AGING & L.T.C. and JUD.
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From printer. May be heard in committee March 23.
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Read first time. To print.
Sponsors
- Timothy S. Grayson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Grayson, Timothy S. Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 797 do?
- Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law imposes various reporting requirements on mandated reporters of suspected financial abuse, as defined, of an elder or dependent adult, and imposes a civil penalty for a violation of these provisions. Under existing law, all officers and employees of financial institutions, as defined, are mandated reporters of suspected financial abuse. Existing law, the Money Transmission Act, provides for the licensure and regulation, by the Commissioner of Business Oversight, of certain persons engaged in the business of money transmission. This bill would require a business that is licensed under the Money Transmission Act whose primary business function is transmitting money, that operates out of a physical storefront or location and that does not engage in other transactions, to provide notice to customers who are 65 years of age or older making the customer aware that fraud has been committed in recent years by means of money transmittals. The bill would govern the manner for providing the notice and would require the customer who receives the notice to provide confirmation that the customer has read and understood the notice before proceeding with the transaction. The bill would require the notice to be in a form prescribed by the commissioner and would require the commissioner to prescribe that form. The bill would require a civil penalty in the amount of $5,000 to be imposed for the willful failure to provide this notice.
- Who sponsors AB 797?
- AB 797 is sponsored by Grayson, Timothy S. (Democratic).
- What is the current status of AB 797?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 797?
- Track AB 797 free on One Click Politics — get push/email alerts when it moves.
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