The California Constitution and existing property tax law authorize a person who is either severely disabled or over 55 years of age to transfer the base year value, as defined, of property that is eligible for the homeowners' property tax exemption to a replacement dwelling that is of equal or lesser value located within the same county as the property from which the base year value is transferred, and if a county ordinance so providing has been adopted, to a replacement dwelling that is located in a different county. This bill would authorize any person over 55 years of age or any severely and permanently disabled person to transfer the base year value of an original property to a replacement dwelling located in a different county without the adoption of a county ordinance so providing. The bill would limit this provision to transfers of base year value that occur on or after January 1, 2019.  By changing the manner in which local assessors assess property for property taxation purposes, 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, 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy, but would become operative only if Assembly Constitutional Amendment ____ of the 2017–18 Regular Session is approved by the voters.
Sponsored bills
Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, buy or receive a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. This bill would also make it a misdemeanor for any person to sell a fraudulent, forged, fictitious, or counterfeited license. 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, the Money Transmission Act, prohibits a person from engaging in the business of money transmission in this state, or advertising, soliciting, or holding itself out as providing money transmission in this state, unless the person is licensed by the Commissioner of Business Oversight or exempt from licensure under the act. Existing law requires applicants for licensure to pay the commissioner a specified nonrefundable fee and to complete an application form requiring certain information. As security, existing law requires each licensee to deposit and maintain on deposit with the Treasurer cash in an amount not less than, or securities having a market value not less than, such amount as the commissioner may find and order from time to time as necessary to secure the faithful performance of the obligations of the licensee with respect to money transmission in this state. Existing law requires a licensee at all times to own eligible securities, as defined, in a specified aggregate amount not less than the amount of all of its outstanding money received for transmission, as specified. This bill would enact the Virtual Currency Act. The bill would prohibit a person from engaging in any virtual currency business, as defined, in this state unless the person is licensed by the Commissioner of Business Oversight or is exempt from the licensure requirement, as provided. The bill would require applicants for licensure, including an applicant for licensure and approval to acquire control of a licensee, to pay the commissioner a specified nonrefundable application fee and complete an application form required to include, among other things, information about the applicant, prior virtual currency services provided by the applicant, a sample form of receipt for transactions involving the business of virtual currency, and specified financial statements. The bill would make these licenses subject to annual renewal and would require a renewal fee paid to the commissioner in a specified amount. The bill would require licensees to annually pay the commissioner a specified amount for each licensee branch office. The bill would require applicants and licensees to pay the commissioner a specified hourly amount for the commissioner's examination costs, as provided. The bill would also require the commissioner to levy an assessment each fiscal year, on a pro rata basis, on licensees in an amount sufficient to meet the commissioner's expenses in administering these provisions and to provide a reasonable reserve for contingencies. This bill would require each licensee to maintain at all times such capital as the commissioner determines, subject to specified factors, is sufficient to ensure the safety and soundness of the licensee, its ongoing operations, and maintain consumer protection. The bill would require each licensee to maintain a bond or trust account in United States dollars for the benefit of its consumers in the form and amount as specified by the commissioner. This bill would authorize the commissioner to examine the business and any branch office of any licensee to ascertain whether the business is being conducted in a lawful manner and all virtual currency is properly accounted for. The bill would require a licensee to file a report with the commissioner within a specified period of time after the licensee knows about the occurrence of certain events relating to the virtual currency business and those persons connected to that business, and to also maintain records as required by the commissioner for a specified period of time. With regard to enforcement, among other things, this bill would, if it appears that a licensee is violating or failing to comply with these provisions or conducting business in an unsafe or injurious manner, authorize the commissioner to order the licensee to comply or discontinue those practices. The bill would also authorize the commissioner to issue an order suspending or revoking a license, or placing a licensee in receivership, if after notice and an opportunity for a hearing, the commissioner makes a specified finding. The bill would provide that every order, decision, or other official act of the commissioner is subject to review. This bill would authorize the commissioner to impose a civil penalty for a violation of these provisions. Within a specified period after the fiscal year, the bill would require a licensee to file with the commissioner a specified audit report. Within a specified period after the end of each calendar quarter, the bill would require a licensee to file with the commissioner a report containing financial statements verified by 2 of the licensee's principal officers. This bill would require a licensee to provide a specified consumer protection disclosure and receipt to its consumers. This bill would authorize a virtual currency licensee in good standing that plans to engage in activities permitted under the Money Transmission Act to request that the commissioner convert his or her license into a license under the Money Transmission Act, as specified. The bill would authorize a person or entity conducting virtual currency business with less than $1,000,000 in outstanding obligations and whose business model, as determined by the commissioner, represents low or no risk to consumers to register with a $500 license fee and, if approved, receive a provisional license to conduct virtual currency business. This bill would require a licensee, under the Money Transmission Act, to report to the commissioner its plan to engage in any virtual currency business and request permission to engage in that business subject to specified requirements and conditions, as determined by the commissioner. This bill would make these provisions including the Virtual Currency Act operative on July 1, 2018. (2) Existing law, the General Corporation Law, prohibits a corporation, social purpose corporation, association, or individual from issuing or putting in circulation, as money, anything but the lawful money of the United States. This bill would delete that prohibition.
Existing law requires the Department of Motor Vehicles to issue to a person a driver's license as applied for when the department determines that the applicant is lawfully entitled to a license. Existing law requires the license to state specified information, including the true full name, age, and mailing address of the licensee and a brief description and engraved picture or photograph of the licensee for the purpose of identification. Existing law authorizes the department to issue an identification card to any person attesting to his or her true full name, correct age, and other identifying data as certified by the applicant for the identification card. This bill would require the department to conduct a pilot program to evaluate the use of a digital mobile driver's license application for smartphone use. The bill would require the department to issue a request for proposal for a digital mobile driver's license vendor at the same time it issues a request for proposal for a traditional driver's license vendor and would require the department to select a digital mobile driver's license vendor on or before October 1, 2019. The bill would specify that any data exchanged between the department and the digital mobile driver's license application or the digital mobile driver's license vendor is limited to the types of data accessible on a traditional driver's license and would prohibit the department from receiving or retaining any information generated during the pilot program regarding the movement, location, or use of a person participating in the program. The bill would require the department to submit a report of the results of the program, as specified, to the Legislature on or before July 1, 2023. The bill would also make legislative findings and declarations. The bill would provide that its provisions will remain in effect only until January 1, 2025, and as of that date are repealed.
(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed, as specified, the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, the supervisor's duty to prevent damage to life, health, property, and natural resources, and other requirements is satisfied, and the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. This bill would additionally require the supervisor to continue that prohibition until a specified root cause analysis of the natural gas leak from the facility that started approximately October 23, 2015, has been completed and released in its entirety to the public. The bill would, notwithstanding that prohibition, authorize the Governor to order incremental injections at the facility, but only if the Governor determines it is necessary to avoid, or respond to, an emergency situation. (2) Under existing law, the Public Utilities Commission is authorized to supervise and regulate every public utility in the state. Existing law requires the commission, no later than July 1, 2017, to open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region, and to consult with specified entities in making its determination. This bill would require the commission, in conducting the proceeding, to act in the manner that will maximize transparency. (3) This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Finance Lenders Law provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight and makes a willful violation of its provisions a crime. Existing law regulates the charges a licensee may impose or receive on loans it makes. This bill would expand the application of that law to include lead generators. The bill would prohibit a person from engaging in business as a lead generator, defined to include any person who, for compensation or in expectation of compensation, helps facilitate a loan by introducing a prospective borrower and prospective lender in connection with certain loan activities, without first registering with the commissioner. The bill would require the commissioner to establish timelines and fees for lead generator registration and renewals, and would mandate that specified minimum information be required for applicants seeking registration, including the name, business address, and licensing details of the lead generator and his or her employees who are responsible for that lead generator's activities, and a list of activities the lead generator would perform. The bill would authorize the commissioner, upon providing reasonable notice and an opportunity to be heard, to deny an application for registration as a lead generator for specified reasons, including if a false statement has been made by the applicant. The bill would permit the commissioner to order the suspension or revocation of a lead generator's registration upon failure to pay a required fee or assessment by the specified due date. The bill also would prohibit a lead generator, during any period when its registration is revoked or suspended, from conducting any business unless permitted by the commissioner. The bill would authorize a licensee to compensate a registered lead generator for that lead generator's activities, subject to various requirements, including entering into a written agreement clearly describing the services to be performed, and complying with the applicable statutory provisions governing those transactions. The bill also would require each licensee that uses the services of a lead generator to develop and implement policies and procedures to, among other things, exercise oversight over the business practices of the lead generator. The bill would make a licensee that pays a lead generator for services in connection with a loan offered subject to discipline by the commissioner in connection with any misrepresentation made or deceptive act or practice engaged in by that lead generator. The bill would further require lead generators to develop and implement policies and procedures to respond to questions raised by borrowers and prospective borrowers and to provide specified disclosure information about the nature of the lead generator's business as a registrant with the Department of Business Oversight. (2) Existing law prohibits a person from making a materially false or misleading statement or representation about the terms or conditions of a borrower's loan, when making or brokering that loan. This bill additionally would prohibit a person from making a materially false or misleading statement or representation to a prospective borrower about the terms or conditions of a loan for which the prospective borrower may qualify, when engaging in lead generation activities subject to the act. The bill also would make related and conforming changes, including authorizing the commissioner to take various enforcement actions upon finding that a lead generator has violated the act. By expanding the definition of a crime, the bill would impose a state-mandated local program. Existing law requires finance lenders, brokers, and mortgage loan originator licensees to preserve their books, accounts, and records for at least 3 years after making the final entry on any loan recorded in those documents. This bill also would require finance lenders that utilize the services of a lead generator to maintain their records of dealings with that lead generation for at least 3 years and would require lead generators to maintain records related to lead generation activities on behalf of lenders for at least 3 years following the creation of those documents. The bill would specify that these records requirements do not require the maintenance or storage of personal identification for any borrower, except that each lead generator that does not maintain or store personal information must have a method by which the identity of individual borrowers can be reconstructed, if requested by the commissioner. The bill also would make it a violation of the act to compensate a lead generator in connection with any service provided by that lead generator, where the lead generator has made a materially false or misleading statement or engaged in other unlawful, deceptive, misleading, or unfair acts or practices, as specified. The bill would include related findings of the Legislature regarding its intent regarding the regulation of lead generators. 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 provides for the regulation of various professions and vocations, including those of an athlete agent. This bill would enact the Athletic Training Practice Act, which would, after a determination is made that sufficient funds have been received to pay initial costs of this bill, provide for the licensure and regulation of athletic trainers, as defined. The bill would, after that determination, establish the Athletic Trainer Licensing Committee within the California Board of Occupational Therapy to implement these provisions, including issuing and renewing athletic training licenses and imposing disciplinary action. Under the bill, the committee would be comprised of 7 members, to be appointed to 4-year terms, except as specified. Commencing 6 months after the committee is established by this bill, the bill would prohibit a person from practicing as an athletic trainer or using certain titles without a license issued by the committee, except as specified. The bill would prohibit, except in specified cases for a specified period, a person from using the title "athletic trainer," unless the person is licensed by the committee. The bill would specify the requirements for licensure, including education, examination, and the payment of a license application fee established by the committee. The bill would define the practice of athletic training and prescribe supervision requirements on athletic trainers. The bill would also establish the Athletic Trainers' Fund for the deposit of license application and renewal fees, and would make those fees available to the committee for the purpose of implementing these provisions upon appropriation by the Legislature. The bill would authorize the Director of Consumer Affairs to seek and receive donations from the California Athletic Trainers Association for purposes of obtaining funds for the startup costs of implementing the act. The bill would require the director to determine that sufficient funds for that purpose have been obtained and to provide notice to the Legislature, the Governor, and on the department's Internet Web site of the determination, as specified. This bill would repeal these provisions on January 1, 2025.
The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority to, among other things, make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions, as defined, for financing or refinancing the acquisition, construction, or remodeling of health facilities. This bill would expand the program to include for-profit skilled nursing facilities when at least 60% of their patients are Medi-Cal beneficiaries by adding those entities to the definition of "participating health institutions." Because this bill would expand the purposes for which a continuously appropriated fund may be used, it would make an appropriation. Existing law establishes the California Health Facility Construction Loan Insurance Law to provide, without cost to the state, an insurance program for health facility construction, improvement, and expansion loans in order to stimulate the flow of private capital into health facilities construction, improvement, and expansion and in order to rationally meet the need for new, expanded, and modernized public and nonprofit health facilities necessary to protect the health of all the people of this state. Existing law establishes the Health Facility Construction Loan Insurance Fund in the State Treasury, to be continuously appropriated to carry out the provisions and administrative costs of the insurance program. Under existing law, political subdivisions, as defined, and nonprofit corporations are authorized to apply for state insurance of needed construction, improvement, or expansion loans for construction, remodeling, or acquisition of health facilities, as provided, and applicants are required to pay an application fee not to exceed $500, which is deposited into the fund. This bill would expand the program to include for-profit corporations that operate skilled nursing facilities when at least 60% of their patients are Medi-Cal beneficiaries by, among other things, adding those entities to the definition of "health facilities" and making those entities eligible to apply for the insurance program. The bill would also make conforming changes. Because this bill would add a new source of revenue and expand the purposes for which a continuously appropriated fund may be used, it would make an appropriation.
Existing law regulates persons who perform home inspections for a fee in connection with a property transfer, as defined. Existing law establishes a standard of care for home inspectors who are not licensed as a general contractor, structural pest control operator, or architect, or registered as a professional engineer, and declares that certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices. This bill would require a home inspector to be a licensee of the Contractors' State License Board pursuant to the Contractors' State License Law. By increasing application and examination fees received into the Contractors' License Fund, a continuously appropriated fund as it pertains to fees collected by the board, this bill would make an appropriation.
Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. This bill would establish the California Financial Literacy Initiative as a program for improving financial literacy by offering instructional materials for teachers and parents to provide high-quality financial literacy education for pupils in kindergarten and grades 1 to 12, inclusive. The bill would provide that the initiative would be under the administration of the Superintendent of Public Instruction. The bill would authorize the Superintendent to convene a Financial Literacy Advisory Committee to review materials that could be provided on the Internet in a centralized location for access by local educational agencies, as specified. The bill would require online curricula included in an online library, or otherwise promoted or made available, through this initiative to conform to specified provisions protecting pupil privacy and protecting pupils against marketing directed at them through instructional materials. The bill would specify that its provisions would be operative in any fiscal year only if an appropriation of sufficient funds for its purposes is enacted in the annual Budget Act or another statute.