(1) The California Financing Law (CFL) provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. The CFL prohibits anyone from engaging in the business of a finance lender or broker without obtaining a license. A willful violation of the CFL is a crime, except as specified. Under existing law, a licensee who lends any sum of money is authorized to contract for and receive charges at a maximum rate that does not exceed specified sums on the unpaid principal balance per month, ranging from 2 12 % to 1%, based on the consumer loan amount, as specified. This provision, however, does not apply to any loan of a bona fide principal amount of $2,500 or more, as determined in accordance with a provision governing regulatory ceilings and evasion of the CFL. The CFL also authorizes a licensee, as an alternative to the above-described rate charges for consumer loan amounts, to instead contract for and receive charges at the greater of a rate not exceeding 1.6% per month on the unpaid principal balance or a rate not exceeding 5 56 of 1% per month, plus a specified percentage per month, as established by the Federal Reserve Bank of San Francisco, on advances to member banks under federal law, or if there is no single determinable rate, the closest counterpart of this rate. Under existing law, these provisions do not apply to a loan of a bona fide principal amount of $2,500 or more, as specified. The CFL further authorizes a licensee to contract for and receive an administrative fee of a specified amount that varies with the bona fide principal amount of the loan. This bill, entitled the Fair Access to Credit Act, would authorize a finance lender, with respect to a loan of a bona fide principal amount of $2,500 or more but less than $10,000, to contract for or receive charges at a rate not exceeding an annual simple interest rate of 36% plus the Federal Funds Rate. The bill would require finance lenders making loans subject to these provisions to, among other requirements, report each borrower's payment performance to at least one consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and to also offer, at no cost to the borrower, a credit education program or seminar that has been previously reviewed and approved by the commissioner, in accordance with specific requirements. The bill would further specify that a licensee may contract for and receive an administrative fee, as described above, in addition to these charges. (2) Under the CFL, certain principles apply in determining whether a loan is a loan of a bona fide principal amount under specified provisions and whether the regulatory ceiling provision is used for purposes of evading the CFL. This bill would apply these principles to loans of a bona fide principal amount of $2,500 or more but less than $10,000. The bill would also apply these principles to any fees paid to a licensee for the privilege of participating in an open-end credit program. (3) Existing law prohibits licensees subject to the CFL from entering into a contract for a consumer loan that provides for a scheduled repayment of principal over more than the maximum terms set forth in relation to the respective size of the loan. Among other things, this provision prohibits a loan of at least $3,000 but less than $5,000 from exceeding a maximum term of 60 months and 15 days. This bill would increase the maximum principal loan amount under the above schedule to $10,000. The bill would also prohibit a licensee from entering into a contract for a consumer loan that is at least $2,500 but less than $10,000 that provides for a scheduled repayment of principal that is less than 12 months. The bill would also specify that the maximum loan term of 60 months and 15 days does not apply to a loan secured by real property of a bona fide principal amount of at least $5,000. The bill would also prohibit a licensee from charging, imposing, or receiving any penalty for the prepayment of a loan under the CFL, except as specified. (4) The CFL regulates a specific type of consumer loan known as an open-ended loan. The CFL prescribes the amount upon which charges authorized by the CFL may be based, the amount of a minimum monthly payment, the amount of fees, costs, and expenses a licensee may receive, and the amount to be delivered by the licensee at the time the open-ended loan is made. The CFL applies these provisions only to a loan of a bona fide principal amount not exceeding $5,000, as specified. This bill would apply those provisions to an open-ended loan in a bona fide principal amount not exceeding $10,000, as specified. The bill would make conforming and nonsubstantive changes. By expanding the application of the CFL to cover more loans, the bill would expand the scope of an existing crime, thereby imposing 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.
Sponsored bills
Existing law requires the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation to develop and implement a grant and cooperative agreement program to support the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, areas, and other facilities associated with the use of off-highway motor vehicles, and programs involving off-highway motor vehicle safety or education. This bill would require the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve pupils who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. The bill would authorize the director to accept private funds to support the grant program. The bill would establish the California Outdoor Equity Account in the State Parks and Recreation Fund and would require any private funds donated for the grant program and any funds appropriated by the Legislature for purposes of the grant program to be deposited into that account.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale and prohibits full-service restaurants from providing single-use plastic straws to consumers unless requested by the consumer. This bill, commencing January 1, 2023, for lodging establishments with more than 50 rooms, and January 1, 2024, for lodging establishments with 50 rooms or less, would prohibit a lodging establishment, as defined, from providing a small plastic bottle containing a personal care product to a person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or within a bathroom shared by the public or guests. The bill would authorize a local agency with authority to inspect sleeping accommodations in a lodging establishment to enforce these requirements by issuing a citation, provided that the local agency be required to issue a written warning upon a first violation of the above requirement, and to impose a penalty in the amount of $500 for a 2nd or subsequent violation, not to exceed $2,000 annually. The bill would provide that a lodging establishment that is in violation of the above requirement is liable for a civil penalty in the amount of $500 for a first violation and $2,000 for a 2nd or subsequent violation and would authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to impose the civil penalty. The bill would prohibit, on and after January 1, 2020, a city, county, or city and county from passing or enforcing an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments, except as provided.
Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed specified crimes when they were under 25 years of age. Existing law makes a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a determinate sentence eligible for release on parole at a youth offender hearing by the board during the person's 15th year of incarceration. Existing law makes a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a life term of less than 25 years to life eligible for release on parole at a youth offender hearing by the board during the person's 20th year of incarceration. Existing law makes a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a life term of 25 years to life eligible for release on parole at a youth offender hearing by the board during the person's 25th year of incarceration. This bill would require a person's youth offender parole hearing to occur within 6 months of the first year they become eligible for a youth offender parole hearing under those provisions. The bill would also authorize the Secretary of the Department of Corrections and Rehabilitation to authorize those persons to obtain an earlier youth offender parole hearing by adopting regulations pursuant to specified provisions of the California Constitution.
(1) Existing law provides discovery procedures for peace or custodial officer personnel records, and other records pertaining to peace or custodial officers, as specified. Existing law requires the party seeking the discovery or disclosure to file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records according to times prescribed under other provisions of law. This bill would limit the written notice requirement with respect to motions pertaining to the discovery of peace or custodial officer personnel records to civil actions. The bill would prescribe an accelerated timeframe for requesting peace or custodial officer personnel records in criminal actions. The bill would require written notice to be served and filed at least 10 court days before the appointed hearing, all papers opposing a motion to be filed with the court at least 5 court days before the hearing, and all reply papers to be filed at least 2 court days before the hearing. The bill would also require proof of service of the notice to be filed no later than 5 court days before the hearing. (2) Existing law prohibits the disclosure of records of peace officers or custodial officers, including supervisorial officers, who either were not present during an arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility. This bill would create an exception to the above prohibition by permitting the disclosure of records of a supervisorial officer if the supervisorial officer issued command directives or had command influence over the circumstances at issue and had direct oversight of a peace officer or a custodial officer who was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility.
Existing law authorizes a person who was arrested and has successfully completed a prefiling diversion program, a person who has successfully completed a specified drug diversion program, a person who has successfully completed a specified deferred entry of judgment program, and a person who has suffered an arrest that did not result in a conviction, under certain conditions, to petition the court to seal the person's arrest record. Under existing law, if a defendant successfully completes certain diversion programs, the arrest for the crime for which the defendant was diverted is deemed to have never occurred. Existing law authorizes a defendant to petition to withdraw the defendant's plea of guilty or nolo contendere and enter a plea of not guilty, if the defendant has fulfilled the conditions of probation, or if other specified circumstances are met, and the defendant is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. If relief is granted, existing law requires the court to dismiss the accusation or information against the defendant and release the defendant from all penalties and disabilities resulting from the offense, with exceptions. Existing law also authorizes a defendant to file a similar petition if the defendant was convicted of a misdemeanor and not granted probation, was convicted of an infraction, or completed a sentence for certain felonies, and the defendant met specified conditions. This bill would, commencing January 1, 2021, and subject to an appropriation in the annual Budget Act, require the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and to identify persons who are eligible for relief by having their arrest records, or their criminal conviction records, withheld from disclosure, as specified. The bill would require the department to grant relief to an eligible person, without requiring a petition or motion. The bill would not limit petitions, motions, or orders for relief, as required or authorized by any other law. The bill would require an update to the state summary criminal history information to document the relief granted. The bill would require the department, on a monthly basis, to electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which relief was granted. The bill would prohibit the court from disclosing information concerning an arrest or conviction granted relief, with exceptions. The bill would authorize the prosecuting attorney or probation department, no later than 90 calendar days before the date of a person's eligibility for relief, to file a petition to prohibit the department from granting automatic relief for criminal conviction records as described above. If the court grants that petition, the bill would prohibit the department from granting relief, but the person would continue to be eligible for relief through other existing procedures, including petitions to the court. The bill would require the Department of Justice to annually publish statistics regarding relief granted pursuant to the provisions of this bill, as specified. The bill would require a court, at the time of sentencing, to advise each defendant of their right to conviction relief pursuant to the provisions of this bill, as specified. The bill would make conforming changes. This bill would incorporate additional changes to Section 480 of the Business and Professions Code, as added by Section 4 of Chapter 995 of the Statutes of 2018, proposed by AB 1521 to be operative only if this bill and AB 1521 are enacted and this bill is enacted last.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to charge a $5 fee for each inmate-initiated medical visit of an inmate confined in the state prison, except under specified circumstances, and requires that the moneys received be expended to reimburse the department for direct provision of inmate health care services. Existing law also authorizes a sheriff, chief or director of corrections, or chief of police to charge a $3 fee for each inmate-initiated medical visit of an inmate confined in a county or city jail, except as specified, and requires that the moneys received be transferred to the county or city general fund. Existing law also authorizes a county or city to recover from an inmate or a person legally responsible for the inmate's care the costs of necessary medical care rendered to the inmate, under certain conditions. This bill would instead prohibit the secretary or a sheriff, chief or director of corrections, or chief of police from charging a fee for an inmate-initiated medical visit of an inmate of the state prison or a county or city jail, and would make a conforming change. The bill would also prohibit those officials from charging an inmate of the state prison or a city or county jail a fee for durable medical equipment or medical supplies, as defined.
Existing law establishes the Student Aid Commission as the state agency primarily responsible for the administration and coordination of student financial aid programs at California postsecondary educational institutions. Existing federal law establishes the Chafee Educational and Training Vouchers Program for purposes of providing financial aid to current and former foster youth who are attending qualifying postsecondary educational institutions. Existing law provides that the Student Aid Commission, through an interagency agreement with the State Department of Social Services, currently operates the program in California. Existing law authorizes the commission or the department, for the fiscal years 2018–19 to 2020–21, inclusive, to expend up to $80,000, of any moneys appropriated by the Legislature to expand the Chafee Educational and Training Vouchers Program age eligibility of former foster youth up to 26 years of age, for outreach to newly eligible former foster youth who are at least 23 years of age, but are not yet 26 years of age. Commencing with the 2021–22 award year, this bill would authorize the commission to make initial award offers of up to 200% of total state and federal program funding available for all awards, with the number of initial award offers and the amount of the award to be determined based on the historical rate of award acceptance. The bill would require the commission to make award offers contingent upon available funding. The bill would authorize the commission to adjust or withdraw offers to ensure that awards do not exceed available program funding. The bill would also require the commission to advise award offer recipients that offers may be withdrawn or adjusted before payment and that awards are payable to eligible students only if funding is available. This bill would impose certain requirements on a student who fails to demonstrate satisfactory academic progress, as defined by the institution where the student is enrolled, to maintain Chafee grant eligibility, and would take away Chafee grant eligibility from a student who fails to demonstrate satisfactory academic progress, as specified. The bill would require that institutions provide an appeal process in writing and reinstate the student's Chafee grant when certain conditions are met. The bill would also provide that a student who loses Chafee eligibility and subsequently is not enrolled for one or more terms shall regain eligibility upon reenrollment. The bill would require the California Community Colleges and the California State University, and would request the University of California, to provide all Chafee grant recipients, upon release of the first payment, with information regarding available support services on campus and the process for completing an educational plan and, in that notification, to strongly encourage Chafee grant recipients to avail themselves of those services if they have not already done so. To the extent that the bill would impose new duties on community college districts, it would constitute a state-mandated local program. This bill would limit the duration of receipt of a Chafee award to 5 years, which would not be required to be consecutive. The bill would prohibit an institution from requiring any other eligibility criteria for a Chafee grant than those described in this bill and in specified federal law. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes or requires the court to suspend or delay the driving privilege, or to order the Department of Motor Vehicles to suspend or delay the driving privilege, of a person who is convicted of any of certain offenses, including, among others, offenses relating to vandalism, controlled substance or alcohol use, possession, or related conduct, or firearm use. Existing law authorizes the court to suspend the driving privilege of a person, for not more than 30 days, upon conviction of soliciting or engaging in prostitution or specified lewd or dissolute conduct, if the violation was committed within 1,000 feet of a private residence and with the use of a vehicle. Existing law authorizes the court, as an alternative, to order a person's driving privilege restricted, for not more than 6 months, to necessary travel to and from the person's place of employment or education. This bill would repeal the court's authority to suspend or delay the driving privilege, or to order the department to suspend or delay the driving privilege, of a person based on a conviction of one of the above-specified offenses. The bill would make other conforming changes. The bill would state that its provisions are not intended to affect any order issued by the court before January 1, 2020, to suspend, delay, or otherwise restrict the driving privilege of a person, or any action taken by the department, whether before, on, or after January 1, 2020, pursuant to an order issued by the court before January 1, 2020, to suspend, delay, or otherwise restrict the driving privilege of a person. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by AB 1129, to be operative only if this bill and AB 1129 are enacted and this bill is enacted last.
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law prohibits the court from terminating dependency jurisdiction over a nonminor who has reached 18 years of age until a hearing is conducted and the county welfare department has submitted a report verifying that specified information, documents, and services have been provided to the nonminor. This bill would revise and recast these provisions to, among other things, require the county welfare department to submit reports at the first regularly scheduled review hearing after a dependent child has attained 16 years of age and at the last regularly scheduled review hearing before a dependent child attains 18 years of age, and at every regularly scheduled review hearing thereafter, verifying that the county has provided certain of the above-described information, documents, and services, and additional financial literacy information, to the child. By increasing the reporting duties of county welfare departments, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.