Under existing law, the segments of the public postsecondary education system in the state include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges. Existing law authorizes these educational institutions to award various types of degrees. This bill would require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and would request the Regents of the University of California, to work with their respective colleges and universities to confer an honorary degree upon each person, living or deceased, who was forced to leave his or her postsecondary studies as a result of federal Executive Order 9066 which caused the incarceration of individuals of Japanese ancestry during World War II.
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(1) Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley, after the adoption of specified amendments to the applicable general plan or zoning ordinance, from entering into a development agreement for property that is located within a flood hazard zone, unless the legislative body makes one of several possible determinations, one of which is a determination that the local flood management agency has made adequate progress on the construction of a flood protection system. Existing law, after the adoption of those amendments, also conditions the approval of a discretionary entitlement or ministerial permit that would result in the construction of a new residence for a project that is located within a flood hazard zone, and the approval of a tentative map, or a parcel map as specified, for a subdivision that is located within a flood hazard zone, upon the legislative body making one of several possible determinations, one of which is a determination that the local flood management agency has made adequate progress on the construction of a flood protection system. Existing law defines "adequate progress" to mean, among other things, that the revenues sufficient to fund each year of the project schedule for the flood protection system have been identified, and that at least 90% of the revenues scheduled to have been received in any given year have been appropriated and are being expended. This bill, for the purpose of those provisions, would authorize the Central Valley Flood Protection Board (board) to find that the local flood management agency is making adequate progress in working toward the completion of the flood protection system for any year in which state funding is not appropriated consistent with an agreement between a state agency and the local flood management agency. (2) Under existing law, the Department of Water Resources performs various flood management activities throughout the state, and the board engages in flood management activities along the Sacramento River and San Joaquin River, their tributaries, and related areas. Existing law establishes the Sacramento and San Joaquin Drainage District under the administration of the board for the purposes of carrying out specified flood management activities within the boundaries of the district. Existing law requires the board, in any evidentiary hearing, to consider various matters, including the effects of a proposed action on the State Plan of Flood Control, as defined. This bill would revise the definition of the State Plan of Flood Control for these and other purposes. (3) Existing law provides that a majority of the board constitutes a quorum and declares that no board action is effective unless the action is concurred in by a majority of the board members. This bill, instead, would provide that a majority of the voting members of the board constitutes a quorum and would declare that no board action is effective unless a quorum is present and the action is concurred in by a majority of all of the voting members of the board. (4) Under existing law, any meeting of the board, at its office, when all of the members are present, is a legal meeting at which any business may be transacted. This bill would repeal that provision. (5) Existing law prohibits a board member or any person or organization with an interest in board decisions, or any person representing a person or organization with an interest in board decisions who intends to influence the decision of a board member on a matter before the board, from conducting an ex parte communication, as defined. This bill would revise the definition of the term "ex parte communication" to mean any oral or written communication outside of a noticed board meeting concerning specified matters. The bill would prohibit a board member appointed by the Governor from participating in an ex parte communication with any person or organization with an interest in board decisions, or any person representing a person or organization with an interest in board decisions who intends to influence the decision of a board member on a matter before the board. (6) Existing law requires the board to hold an evidentiary hearing for any matter that requires the issuance of a permit. This bill would require the board to hold an evidentiary hearing for any matter that requires the issuance of a permit if the proposed work may significantly affect any element of the State Plan of Flood Control or if a formal protest against that permit has been lodged. The bill would authorize the board to, by regulation, define types of encroachments that will not significantly affect any element of the State Plan of Flood Control. The bill would authorize the board to delegate the approval of permits for those encroachments to the executive officer. (7) Existing law requires the board to make a specified finding regarding the impact of an encroachment on public safety before taking action to modify an encroachment on levees, channels, or other flood control works. This bill would authorize the board to delegate to the executive officer the authority to take action to remove or modify the encroachment. The bill would authorize the board, and the executive officer if delegated that authority, to issue an order directing a person or public agency to cease and desist from undertaking, or threatening to undertake, an activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board. The board, and the executive officer if delegated that authority, would be granted authority to issue an order directing a person or public agency to cease and desist from undertaking, or threatening to undertake, an activity that requires a permit from the board without securing a permit or an activity that is inconsistent with a permit issued by the board. The bill would authorize the imposition of civil liability on a person or public agency that undertakes an encroachment or commits other action in violation of specified requirements relating to encroachments to provisions relating to the board. (8) Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. This bill, with a certain exception, would provide that specified provisions of law that authorize financial assistance to flood control projects in the Sacramento-San Joaquin Watersheds shall not be construed to expand the liability of the state for the operation and maintenance of any flood management facility that is outside the scope of a designated state plan of flood control. (9) The bill would make various technical corrections.
Existing law provides that the crime of being a spectator at a dog fight is a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or by both that imprisonment and fine. This bill would increase the penalty for the crime of being a spectator at a dog fight to imprisonment in a county jail not to exceed one year, or a fine not to exceed $5,000, or both that imprisonment and fine. Because it would impose local incarceration costs 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 no reimbursement is required by this act for a specified reason.
The Personal Income Tax Law allows taxpayers, until January 1, 2010, to contribute amounts in excess of their tax liability for the support of the California Alzheimer's Disease and Related Disorders Research Fund. This bill would extend the operation of those contribution provisions to January 1, 2015.
(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 or upon the violation or failure to comply with specified provisions of state law relating to mortgages. (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, and would nullify prepayment penalties or yield spread premiums that violate these provisions. 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 workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. This bill would provide that for purposes of determining whether to grant or deny a workers' compensation claim, if an employee is injured or killed by a 3rd party in the course of the employee's employment, no personal relationship or personal connection shall be deemed to exist between the employee and the 3rd party based only on a determination that the 3rd party injured or killed the employee solely because of the 3rd party's personal beliefs relating to his or her perception of the employee's race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation.
Existing law, the Lanterman Developmental Disabilities Services Act, grants persons with developmental disabilities the right to receive services and supports to meet their needs. Existing law requires that the State Department of Developmental Services contract with private nonprofit corporations for the operation of regional centers to obtain services and supports for an individual with a developmental disability in accordance with his or her individual program plan (IPP) . Existing law establishes an independent State Council on Developmental Disabilities to, among other things, develop and implement the state plan required by the federal government. This bill would encourage the individual program planning team to discuss school-to-work opportunities for consumers commencing at 14 years of age. This bill would require the State Council on Developmental Disabilities to form a standing Employment First Committee, as specified, to implement an Employment First Policy by July 1, 2011, and annually thereafter, report to the Legislature and the Governor describing the committee's work and recommendations.
This measure would recognize the pioneering work of promotores and community health workers in delivering vital and cost-effective health care services in communities throughout California and declare October 2009 as California Promotores Month.
This measure would make various statements regarding the importance of New United Motor Manufacturing, Inc. (NUMMI) to the California economy and would declare the necessity for the Legislature to utilize its vested powers to keep NUMMI in California.
This measure would proclaim October 23 to October 31, 2009, inclusive, as Red Ribbon Week, and would encourage all Californians to help build drug-free communities and participate in drug prevention activities.