Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also authorizes the commission to relinquish state highway segments to local agencies that have been deleted from the state highway system by legislative enactment, and in certain other cases. This bill would generally authorize the California Transportation Commission to relinquish any portion of a state highway within a county or city to that county or city, subject to an agreement between the department and the local agency, without requiring a legislative enactment deleting the state highway segment from the state highway system. The bill would also require the department to expeditiously consider and respond to each request it receives from a city or county relative to an agreement relating to the proposed relinquishment of a state highway segment within the jurisdiction of the entity making the request, and would require the department, from time to time, to recommend to the Legislature any revisions to the statutory descriptions of state highway routes occasioned by relinquishments approved by the commission. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
Existing law requires that state-owned motor vehicles be used only in the conduct of state business. Existing law states that, for the purpose of that provision, state business includes the operation of state-owned vehicles as commute vehicles in a carpool or vanpool program authorized by a state agency, provided that a daily, weekly, or monthly fee is charged that is adequate to reimburse the state for the cost of providing those vehicles for that purpose. Existing law requires the Department of Personnel Administration to prescribe rules and regulations pertaining to the use of state-owned motor vehicles, as specified. This bill would rescind the use of funding of fuel for a state-owned motor vehicle that is used by an employee for personal take-home use for all employees and agents of state departments, divisions, and agencies. The bill would authorize the Department of Personnel Administration to grant exceptions, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
Existing law establishes the Department of Corrections and Rehabilitation and invests it with various powers and duties. This bill would require the department to seek proposals from city, county, or special district fire departments in which a state prison is located or to which a state prison is immediately adjacent to provide contract fire protection services for the state prison and its grounds and facilities. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
(1) The California Constitution requires the Legislature to convene in regular biennial session at noon on the first Monday in December of each even-numbered year to consider legislation and the Budget Bill. This measure would require the Legislature to convene in regular biennial session, but would require, commencing on December 6, 2010, that the sessions held in odd-numbered years be budget sessions, and sessions held in even-numbered years be general sessions. The measure would require the Legislature in the budget session to adopt Budget Bills for each of the 2 subsequent fiscal years. The measure would prohibit the Legislature, during a budget session, from considering legislation other than the Budget Bills and related revenue bills, except bills addressing a declared state of emergency or urgency statutes. Urgency statutes would require a 34 vote of the membership in each house for passage during a budget session. The measure would provide that at general sessions the Legislature may consider any legislation other than Budget Bills, except under specified conditions. (2) The California Constitution requires that a budget be submitted by the Governor, and that the Legislature pass a Budget Act on or before June 15. Funds may be expended from the State Treasury for support of the state government only through an appropriation made by the Legislature. This measure would require, in each odd-numbered calendar year, commencing in 2011, that the Governor submit to the Legislature 2 proposed budgets for the 2 subsequent fiscal years, respectively. The measure would provide, commencing with the 2011–12 fiscal year, that if the Budget Act is not enacted by July 1, unspecified amounts are appropriated from the General Fund and other funds and sources to the Controller for allocation by the Director of Finance to pay the current expenses for critical services of the state government, excluding salaries and per diem of Members of the Legislature, not exceeding the amounts expended to fund those services for the preceding fiscal year. (3) The California Constitution authorizes each house of the Legislature to provide for the selection of committees necessary for the conduct of its business, including committees to ascertain facts and make recommendations to the Legislature on a subject within the scope of legislative control. This measure would require, during a budget session, that each standing policy committee of each house of the Legislature function as a budget subcommittee to make recommendations, to the standing committee of each house of the Legislature that considers the budget, proposed amendments to the pending Budget Bill, relative to the adoption or modification of Budget Bill matters within the subject area of the standing policy committee. The measure would, after each Budget Bill has been passed, require each standing policy committee to meet for purposes of oversight and review of programs within the subject area of the committee. (4) The California Constitution permits revenues from taxes imposed by the state on motor vehicle fuels and funds in the Public Transportation Account in the State Transportation Fund to be loaned to the General Fund. That loan is required to be repaid in full either during the same fiscal year in which the loan was made or within 3 fiscal years from the date on which the loan was made if specified conditions apply. If the loan is to be repaid in full during the same fiscal year, the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year. The measure would provide that the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year, or July 31 of that subsequent fiscal year, whichever is later.
(1) Under existing law, the Department of Parks and Recreation has control of the state park system. The department is authorized to enter into an agreement with a city, county, district, or other public agency for the care, maintenance, administration, and control over land in the state park system. The general plan of each unit subject to that agreement is required to be reviewed by the State Park and Recreation Commission. This bill would require the department to enter into negotiations with a city, county, district, or other public agency requesting to enter into an agreement for the operation of a state park that is scheduled for closure due to budget constraints, within 30 days of that request. The bill would require that, if an agreement is not reached before the state park is scheduled to be closed, the city, county, district, or other public agency requesting to operate the state park be offered the opportunity to lease that state park for $1 per year until an agreement can be concluded. The bill would exempt the $1 per year interim lease from the requirements that operating leases or agreements be reviewed by either the Legislature as part of the annual budget process or the State Public Works Board, as prescribed. This bill would also require the State Park and Recreation Commission to review the general plan subject to these agreements within 30 days of the receipt of the general plan. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
(1) Existing law authorizes the Lieutenant Governor to appoint one secretary and clerical assistants as he or she deems necessary to perform the duties of his or her office. This bill would state the intent of the Legislature to enact legislation to streamline the performance of the duties of the Lieutenant Governor, thereby resulting in a reduction in the expenses of the office of the Lieutenant Governor and an increase in the efficiency of state government. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
Existing provisions of the California Constitution provide that the Legislature meets in a biennial regular session, commencing with the first Monday in December in an even-numbered year, when each house is required to immediately organize, and concluding at midnight on November 30 of the next even-numbered year. This measure would provide that the meeting on the first Monday in December in an even-numbered year shall be for the sole purpose of organizing, and that the Legislature shall otherwise convene in regular session each year only between the first business day in March and June 30. This measure would permit the Legislature to meet in regular session after June 30 of any calendar year only for a period of up to 15 days to reconsider bills vetoed by the Governor. Existing provisions of the California Constitution prevent a member from receiving travel and living expenses during the times that the Legislature is in recess for more than 3 calendar days, but exempts from that prohibition travel to or from, and attendance at, any meeting of a committee of which he or she is a member, or a meeting, conference, or other legislative function or responsibility as authorized by the rules of the house of which he or she is a member, which is held at a location at least 20 miles from his or her place of residence. This measure would eliminate these exemptions, and, except for members of the committees on rules of each house or a joint committee on rules when meeting in Sacramento on issues relating to the operations of the Legislature would permit a Member of the Legislature to receive these expenses only for limited periods of legislative sessions. It would prohibit the payment of living expenses, or related travel expenses, for a Member attending a legislative session or committee meeting less than 20 miles from the Member's place of residence. Existing provisions of the California Constitution provide that any bill passed by the Legislature before September 1 of the 2nd calendar year of the biennium of the legislative session and in the possession of the Governor on or after September 1 that is not returned on or before September 30 of that year becomes a statute. This measure would instead provide that any bill passed by the Legislature before July 1 of the 2nd calendar year of the biennium of the legislative session and in the possession of the Governor on or after July 1 that is not returned on or before July 30 of that year becomes a statute. Existing constitutional provisions provide that a bill introduced during the first year of the biennium of the legislative session that has not been passed by the house of origin by January 31 of the 2nd calendar year of the biennium may no longer be acted on by the house. This measure would change the date by which a bill would have to be passed by the house of origin in the 2nd calendar year of the biennium to March 31. Existing constitutional provisions authorize the selection of legislative committees, as specified. This measure would permit committees of the Legislature, except rules committees, to convene or hold hearings only on days that the Legislature is not in recess. This measure provides that it would become effective as of the first day of the biennial session of the Legislature next commencing following the date on which this measure is approved by the voters.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. This bill would, on and after January 1, 2010, exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of tangible personal property, as specified purchased for use by an automobile manufacturer. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. This bill would take effect immediately as a tax levy.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2008.
(1) The Real Estate Law provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner. Existing law authorizes the commissioner to suspend or revoke the license of a real estate licensee or corporation, or to deny the issuance of a license to an applicant or corporation, for specified violations. This bill would further authorize the commissioner to suspend or revoke those licenses, or to deny issuance of those licenses, upon a violation of specified federal lending laws or regulations. (2) Existing law imposes certain limitations and prohibitions on licensed persons, as defined, with respect to the making of a covered loan, defined as a consumer loan in which the original principal balance of the loan does not exceed the most current conforming loan limit for a single-family first mortgage loan established by the Federal National Mortgage Association in the case of a mortgage or deed of trust, and as specified. Existing law does not regulate or define the term "higher-priced mortgage loan." This bill would establish "higher-priced mortgage loans," as defined, as a new category of regulated loans. The bill would, among other things, limit prepayment penalties and prohibit provisions for negative amortization. The bill would prohibit a licensed person, as defined, from making false, deceptive, or misleading statements or representations in connection with higher-priced mortgage loans. The bill would also, among other things, prohibit a mortgage broker, as defined, who arranges higher-priced mortgage loans with prepayment penalties from receiving a compensation that exceeds certain amounts. The bill would provide that a violation of the provisions regulating higher-priced mortgage loans by a licensed person is also a violation of the person's licensing law. The bill would authorize a licensing agency or the Attorney General to enforce the provisions regulating higher-priced mortgage loans. The bill would authorize civil penalties in an amount up to $10,000 against a licensed person who willfully and knowingly violates the provisions regulating higher-priced mortgage loans, would nullify prepayment penalties or yield spread premiums that violate these provisions, would make a licensed person who violates these provisions liable to the borrower in the amount of the borrower's actual damages, and would authorize the court to award court costs and attorney's fees to a prevailing plaintiff. The bill would also establish specified duties for mortgage brokers performing mortgage brokerage services for higher-priced mortgage loans. The bill's provisions would apply to higher-priced mortgage loans originated on or after July 1, 2010. (3) Existing law imposes certain limitations and prohibitions on specified licensees, including commercial banks, credit unions, finance lenders, and residential mortgage lenders, with respect to the making of consumer loans. This bill would provide that a violation of specified federal lending laws or regulations by those licensees is also a violation of the licensing law of the licensee. The bill would also provide that a mortgage broker, as defined, providing mortgage brokerage services, as defined, to a borrower is the fiduciary of the borrower, and any violation of the broker's fiduciary duties is a violation of the mortgage broker's licensing law and specified civil penalty and liability provisions. The bill would further provide that this fiduciary duty includes a requirement that the mortgage broker place the economic interest of the borrower ahead of his or her own economic interest. (4) Because a violation of the bill's provisions by certain licensees may be punished as crimes under the licensing law of the licensees, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Personnel Administration to establish and adjust salary ranges for each class of position in the state civil service, subject to specified merit limits. Existing law requires the salary range to be based on the principle that like salaries shall be paid for comparable duties and responsibilities. Existing law allows the state to enter into memoranda of understanding relating to employer-employee relations with employee organizations representing certain state employees. This bill would make findings and declarations regarding the budget deficit facing the state. The bill would, until January 1, 2012, prohibit a person employed by the state whose base salary on the effective date of the bill is greater than $150,000 per year from receiving a salary increase while employed in the same position or classification, and from receiving payment for overtime work or a bonus. The bill would exempt from this prohibition a person whose compensation is governed by an operative memorandum of understanding, as described above, a person employed in a classification that is subject to oversight by a federal receiver, a person who has been exempted by executive order of the Governor, as specified, and a person whose salary is set pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
Read and adopted. (Ayes 33. Noes 2. Page 24.)
