Asm. Bill Berryhill

(1) The Personal Income Tax Law, in modified conformity to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, allows an exclusion from a taxpayer's income for the discharge of qualified principal residence indebtedness, as defined, if that debt is discharged after January 1, 2007, and before January 1, 2009, as provided. The Emergency Economic Stabilization Act of 2008 extended the operation of those federal provisions to debt that is discharged before January 1, 2013. This bill would provide further conformity to those federal acts, including allowance of the exclusion for debt that is discharged before 2013, as provided. (2) This bill would take effect immediately as a tax levy.

Existing law permits voters to propose statutes and amendments to the Constitution, and to adopt or reject them, through the initiative process. This measure would require an initiative measure that would authorize the issuance of state general obligation bonds in a total amount exceeding $1 billion to either provide additional tax or fee revenues, the elimination of existing programs, or both, as necessary to fully fund the bonds, as determined by the Legislative Analyst, in order to be submitted to the voters or have any effect.

(1) Under existing law, the Department of Water Resources operates the State Water Resources Development System that includes dams, reservoirs, and other infrastructure. This bill would require the department to undertake an expedited evaluation and feasibility study with regard to the implementation of a specified Delta Corridors Plan as part of the State Water Resources Development System. The bill would require the department to consult with the Department of Fish and Game to study specified impacts and benefits of the Delta Corridors Plan and to include in the study an assessment of the incorporation of the Two-Gates Fish Demonstration Project managed by the United States Bureau of Reclamation into the Delta Corridors Plan. The department would be required to prepare and submit to the Legislature, on or before January 1, 2012, a report that includes its feasibility findings. If the department determines the implementation of the plan is feasible, the department would be required to include recommendations with regard to specific facilities to be constructed, and to identify potential funding sources, for the purposes of implementing the plan. (2) Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act approved by the voters as Proposition 84 at the November 7, 2006, statewide general election, authorizes the issuance of general obligation bonds in the amount of $5,388,000,000, of which $65,000,000 is made available to the department, upon appropriation by the Legislature, for planning and feasibility studies relating to the existing and potential future needs for California's water supply, conveyance, and flood control systems. This bill would appropriate $750,000 of these funds to the department to pay the costs of the feasibility study required by this bill.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services, including mental health services. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. This bill would, subject to specified exceptions, commencing March 1, 2010, require the State Department of Mental Health to send a reimbursement claim to the Controller within 90 days after the receipt of a reimbursement claim from any fee-for-service county contractor, and would provide that interest shall accrue on an unpaid claim, as prescribed, commencing on the 91st day after receipt of the claim, except as provided.

This measure would declare April 2010 as Financial Aid and Literacy Month to raise public awareness about the need for increased financial literacy.

Existing law authorizes the Department of Corrections and Rehabilitation to construct and establish new buildings at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for 6,000 inmates. Existing law additionally authorizes the department to design, construct, and establish new buildings at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for 2,000 inmates. This bill would require the department to engage in certain activities prior to designing, constructing, or establishing one of these new medical, dental, or mental health treatment facilities, including, but not limited to, identifying and analyzing all possible social and economic impacts that may result from the construction and operation of the facility and fully mitigating those impacts to the extent possible, preparation of a social and economic impact report to address the possible impacts resulting from the construction and operation of the facility, and meeting and conferring in good faith with county and city representatives to reach mutually satisfactory resolution of all disputes relating to the social and economic impacts reasonably arising from or related to the facility and the sufficiency of proposed mitigation measures.

Existing law requires every manufacturer of consumer goods sold in this state, including motor vehicles, to maintain sufficient service and repair facilities to carry out the terms of its express warranties. Existing law further provides that if a manufacturer or its representative is unable to service or repair a new motor vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the vehicle or make restitution to the buyer, at the buyer's option. The Tanner Consumer Protection Act defines "new motor vehicle" for the purposes of those provisions as including, among other things, a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than 5 motor vehicles are registered in this state. This bill would additionally include in the definition of "new motor vehicle" a new commercial motor vehicle or combination of new vehicles that requires a class A or class B license, or a class C license with a specified endorsement, regardless of weight. The Automotive Consumer Notification Act requires, among other things, the manufacturer to retitle specified defective vehicles in its name, request the Department of Motor Vehicles to inscribe the ownership certificate with the notation "Lemon Law Buyback," affix a specified decal to the left doorframe of the vehicle, deliver a specified notice to the transferee of the vehicle as prescribed, and obtain the transferee's acknowledgment. The bill would define "motor vehicle" for the purposes of that act to include the resale of a new motor vehicle as defined in the Tanner Consumer Protection Act.

This measure would recognize the week of April 18, 2010, through April 24, 2010, as Crime Victims' Rights Week.

Existing law creates various regulatory boards, as defined, within the Department of Consumer Affairs. This bill would make a nonsubstantive, technical change to that provision.

Under existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act approved by the voters at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing a safe drinking water, water quality and supply, flood control, and resource protection program. The Water Security, Clean Drinking Water, Coastal and Beach Protection Bond Act of 2002, approved by the voters at the November 5, 2002, statewide general election, authorizes the issuance of bonds in the amount of $3,440,000,000 for the purposes of financing a safe drinking water, water quality, and water reliability program. This bill would appropriate an unspecified amount from these funds for purposes of certain projects.