STATE: Legislature passes bills in California Homeowner Bill of Rights package
California Attorney General Kamala D. Harris announced on Wednesday that the Assembly and Senate each passed important components of the California Homeowner Bill of Rights that will help protect homeowners from scams.
The bills enhance the attorney general's enforcement powers and allow the attorney general to use special grand juries to prosecute multi-jurisdictional financial crimes.
The Mortgage Fraud Strike Force established by the attorney general has been investigating and prosecuting a wide range of crimes related to mortgages, foreclosures and real estate.
"California was the epicenter of the mortgage and foreclosure crisis and scammers have been preying on vulnerable citizens who simply want to keep their homes," said Attorney General Harris. "These bills will aid our efforts to prosecute and convict these criminals."
These are two of the six bills in the California Homeowner Bill of Rights. Other portions of the package are being considered in a Joint Legislative Conference Committee, including elements to restrict unnecessary foreclosures and protect the due process rights of borrowers and homeowners.
AB 1763 (Assemblymember Mike Davis, D-Los Angeles) and SB 1474 (Senator Loni Hancock, D-Berkeley) would allow the Attorney General to convene a special grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple jurisdictions. Both bills passed out of their respective houses unanimously with bipartisan support.
The special grand jury would convene in cases involving fraud or theft that occurs in more than one county and where all potential charges are against a single defendant or multiple defendants working together.
Crimes of a financial nature often occur in multiple jurisdictions. Under current law, crimes where the fraud victims are all over the state require separate grand juries and charges filed in each county where the defendant committed the crime. This legislation would provide for the option of a special grand jury that can investigate financial crimes beyond the scope of single-county grand juries.
"The attorney general is currently engaged in the investigation of significant crimes," Senator Hancock said. "Unfortunately, county-by-county grand juries do not work well in dealing with large-scale wrongdoing in multiple jurisdictions. With this bill, the attorney general can investigate multijurisdictional crimes – it will provide protection when Californians need it the most."
In addition, AB 1950, by Assemblymember Davis, will extend to three years the statute of limitations on mortgage related crimes.
The current statute of limitations of one year can make it difficult to prosecute crimes such as the prohibition on charging up front fees for loan modification services.
Because the foreclosure process is so protracted, some homeowners may not even realize that they have been the victim of a scam before it is too late for prosecution.
"AB 1950 equips the Attorney General to do her job; to go after the bad actors that have taken advantage of homeowners. It accomplishes this by providing the Attorney General with appropriate time to investigate and prosecute those who prey on California homeowners," said Assemblymember Mike Davis. The bill passed out of the Assembly on a 46 to 18 vote.
The California Homeowner Bill of Rights also includes:
- DUE PROCESS AND FORECLOSURE REDUCTION ACT: SB 900 (Leno) & AB 278 (Eng). These bills are being considered by a Joint Legislative Conference Committee.
- BLIGHT PREVENTION LEGISLATION: AB 2314 (Carter) & SB 1472 (Pavley and DeSaulnier). These bills have passed the Assembly and Senate, respectively and now will be heard in the other house.
- TENANT PROTECTION LEGISLATION: AB 2610 (Skinner) & SB 1473 (Hancock). These bills will be heard in the Assembly and Senate by the end of the week.
For more information on the California Homeowner Bill of Rights, go to www.oag.ca.gov .
Adoption Minute: Springtime kittens
LAKEPORT, Calif. – With springtime comes kitten season, and Lake County Animal Care and Control has many young cats looking for homes.
The three male kittens featured in the video above are 13 weeks old and are up for adoption.
They're all cute, playful and fluffy.
All three are domestic long hair mixes with blue eyes. Two are gray tabbies with white markings, one is a lilac point Siamese mix.
None of them have yet been neutered.
The kittens can be found in cat room kennel No. 18a, No. 18b and No. 18c.
To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .
Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.
Office hours are Monday through Friday, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.m. to 3 p.m.
Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .
For more information call Lake County Animal Care and Control at 707-263-0278.
Email Elizabeth Larson at
Assembly approves State Parks stewardship bill
In a strong showing of bipartisan strength, on Wednesday members of the State Assembly voted in unanimous support of legislation authored by Assemblymember Jared Huffman that would help rescue California state parks from financial paralysis and prevent park closures.
“I’m proud to be joined by my colleagues from both parties in this effort to preserve our state parks,” said Huffman, D-San Rafael. “This bill gives the state additional tools it needs to help keep state parks open and provide for more sustainable management of parks in the future.”
Assembly Bill 1589, also known as the California State Parks Stewardship Act of 2012, proposes both long and short-term strategies for keeping open many of the state parks slated for closure as a result of funding reductions to the Department of Parks and Recreation.
The bill calls on the Department of Parks & Recreation to develop a prioritized action plan to increase revenues and collection of unpaid user fees at state parks, while maintaining the character and values of the state park system.
It also creates a State Park Enterprise Fund and states legislative intent regarding the need for a multi-disciplinary independent assessment of ways to ensure long-term management and sustainable funding options for state parks.
Additionally, it includes provisions that authorize the Department of Motor Vehicles to offer special fee-based state park license plates to support the park system and allow taxpayers to redirect portions of their tax refunds to the California State Parks Protection Fund in exchange for an annual state park day-use access pass.
“AB 1589 will end closures and make the State Parks system more self-sufficient, with a net long-term savings to the state’s general fund,” said Assemblymember Wesley Chesbro, D-North Coast, a joint author of the bill. “This legislation is also an investment in our state’s economy. Small communities throughout rural California depend on State Parks to sustain small businesses and provide jobs.”
AB 1589 also revises the factors the Department of Parks and Recreation considers when selecting state parks for future closure, requiring the Department to publicly disclose its methodology and rationale when evaluating them, and requires that park closures be considered only as a last resort after other options, including public/private partnerships, have been explored.
AB 1589 is also jointly authored by Assemblymembers Kevin Jeffries, Roger Dickinson and Mike Gatto, and coauthored by 16 other Democratic and Republican members.
The bill proceeds to the Senate for further consideration.
UPDATE: CHP report identifies man killed in Clearlake crash
CLEARLAKE, Calif. – The man killed in a Tuesday afternoon crash on Highway 53 in Clearlake has been identified, and a Wednesday report explained the circumstances that led to the fatal incident.
Ricardo Perez, 46, of Nice died after he was struck by a tow truck driven by 45-year-old Joseph L. Brown of Yuba City at about 2:30 p.m. Tuesday, according to the California Highway Patrol.
The CHP conducted the fatal crash investigation at the request of the Clearlake Police Department.
According to the report, Rosa M. Reyes, 23, of Clearlake was stopped in her Lexus sedan northbound on Highway 53 waiting to turn left on Polk Avenue.
Perez was standing at the rear of his parked 1997 Ford Ranger pickup on the shoulder of northbound Highway 53 facing north and south of Polk Avenue, the report said. Police had said Perez was doing landscaping work.
At the same time, Brown was driving his International flatbed tow truck northbound on Highway 53 at approximately 45 to 55 miles per hour.
The CHP said Brown saw Reyes' sedan stopped in the northbound lane with its left turn signal activated. He began to decelerate and apply the tow truck's brakes, but realized he would be unable to stop before hitting the Lexus.
Brown turned his vehicle to the right and continued braking, with the left of his vehicle hitting the right rear of the Lexus, causing minor damage, the CHP said.
After hitting Reyes' Lexus, Brown continued past that vehicle and went into the dirt shoulder toward Perez and the Ford pickup, according to the CHP.
The CHP report said the front of the tow truck hit Perez and then the rear of the tow truck hit the parked Ford pickup.
Perez was picked up by a REACH air ambulance to be flown to Santa Rosa Memorial Hospital, but Clearlake Police said he died en route.
Reyes sustained minor injuries and was taken to St. Helena Hospital Clearlake for treatment, the CHP said. Brown was uninjured. Both Reyes and Brown were wearing seat belts.
Alcohol was not a factor in the Tuesday collision, according to the CHP.
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