This measure would proclaim March 2, 2020, to March 6, 2020, inclusive, as School Breakfast Week.
Existing law, the California Revised Uniform Limited Liability Company Act, authorizes a limited liability company to have any lawful purpose, except as specified. A limited liability company is an entity distinct from its members. Existing law authorizes a limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code, the Chiropractic Act, the Osteopathic Act, or the Yacht and Ship Brokers Act, if those provisions authorize a limited liability company to hold that license, certificate, or registration. Existing law prohibits the act from being construed to permit a limited liability company to render professional services, as defined. Under existing law, a limited liability company is a member-managed limited liability company unless the articles of organization contain a statement that the limited liability company is to be manager managed. Under existing law, the operating agreement governs, among other things, relations among the members as members and between the members and the limited liability company and the activities of the limited liability company. Existing law authorizes a written operating agreement to provide for the appointment of officers. Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. Existing law authorizes a real estate broker license to be issued to an individual or a corporation. Existing law authorizes one officer, designated in the license application of a corporation, to engage in the business of real estate broker on behalf of the corporation. Existing law requires a licensed corporation to obtain an additional license to retain each additional officer to act under the corporation's license as a real estate broker. Existing law authorizes a corporation, in the event of death or incapacity of a sole designated broker-officer, to operate as a licensee without interruption under its existing license if notice and an application is provided to the department within a specified period of time of the death or incapacity. Under existing law, an officer through whom the corporation is licensed and who is not a licensed real estate broker, is authorized only to act as real estate broker for and on behalf of the corporation as an officer. Existing law does not preclude a designated corporate officer who has a separate individual license from conducting licensed activity for another entity if the entity for which they act is clearly disclosed and apparent to any member of the public using their services outside the corporation. Existing law requires a corporation to be licensed by the department through qualified broker-officers, as provided, to act as a real estate broker. Under existing law, an officer through whom the corporation is licensed need not maintain an individual broker's license, but is otherwise subject to all duties and responsibilities of a licensed real estate broker. Existing law requires applicants for licensure as a real estate broker and real estate broker licensees to pay application, licensure, and renewal fees, which are deposited in the Real Estate Fund, a continuously appropriated fund. Existing law also authorizes the commissioner to take disciplinary action against a real estate licensee, including the imposition of a monetary penalty, which is also deposited in the Real Estate Fund. A willful violation of the law is a crime. This bill would authorize a limited liability company to be licensed as a real estate broker. The bill would require the limited liability company to obtain an additional license to retain each additional member, manager, or officer to act under the company's license as a real estate broker. The bill would, in the event of death or incapacity of a sole designated broker-member, broker-manager, or broker-officer, authorize a limited liability company to operate as a licensee without interruption under its existing license if notice and an application is filed with the department within a specified time of the event. Under the bill, a member, manager, or officer through whom the limited liability company is licensed and who is not a licensed real estate broker, is authorized only to act as a real estate broker for and on behalf of the company as a member, manager, or officer. The bill would not preclude a designated member, manager, or officer who has a separate individual license from conducting licensed activity for another entity if the entity for which they act is clearly disclosed and apparent to any member of the public using their services outside the limited liability company. The bill would require the limited liability company to be licensed by the department through qualified broker-officers, as provided, to act as a real estate broker. The bill would provide that a member, manager, or officer of a limited liability company through whom the limited liability company is licenced to act need not maintain an individual broker's license, but is otherwise subject to all duties and responsibilities of a licensed broker. The bill would make various other conforming changes in this regard. Because new application, licensure, and renewal fees for limited liability companies would be deposited in the Real Estate Fund, a continuously appropriated fund, the bill would make an appropriation. However, the bill would exclude money in the Real Estate Fund attributable to administrative fines, civil penalties, and criminal penalties imposed by the department against a limited liability company broker, or attributable to cost recovery in actions or settlements, from being continuously appropriated, and would instead make that money subject to appropriation by the Legislature. Existing law, the Real Estate Recovery Program, authorizes an aggrieved person, who obtains a final judgment, including a criminal restitution order, or an arbitration award based on a defendant's acts for which a real estate license was required, to apply to the bureau for payment from the Consumer Recovery Account, as specified. Existing law requires the license of a broker or salesperson to be automatically suspended when the commissioner pays from the Consumer Recovery Account any amount in the settlement of a claim or toward the satisfaction of a judgment against that broker or salesperson. Existing law requires a licensed broker, a licensed salesperson, or a person holding a prepaid rental listing service license to pay fees in addition to certain fees for obtaining or renewing their respective license, as specified, when, on June 30 of any year, the balance remaining in the Consumer Recovery Account, a continuously appropriated account in the Real Estate Fund, is less than $200,000. This bill would require, as a condition of the issuance, reinstatement, reactivation, or continued valid use of a real estate broker license, a limited liability company to maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of conduct subject to licensure under the Real Estate Law, as specified. The bill would provide that this insurance requirement does not in any way supersede or mitigate the requirements of the Real Estate Recovery Program described above. The bill would require, upon the dissolution and winding up of a limited liability company licensed as a real estate broker, the company to maintain or obtain an extended reporting period endorsement or equivalent provision, as specified, for a minimum of 3 years. The bill would require the limited liability company real estate broker applicant or licensee, and the limited liability company's insurer or surplus line broker, as specified, to submit to the commissioner certain information and documentation related to these insurance requirements. The bill would authorize the commissioner to post to the limited liability company licensee's license record on the internet specified information about the licensee's insurance. The bill would authorize the commissioner to temporarily suspend or permanently revoke the license of a licensee for failing to maintain the insurance required by the above-described provisions. Because a willful violation of the law and other related real estate provisions by a limited liability company would be a crime, 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.
This measure would declare the week of February 17 to February 21, 2020, inclusive, as California Fitness Week, and would encourage Californians to enrich their lives through proper nutrition and exercise.
This measure would proclaim February 20, 2020, as Introduce a Girl to Engineering Day.
This measure would recognize February 2020 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice, and recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.
The California Constitution requires the Legislature to convene in regular session on specified dates and provides that a majority of the membership constitutes a quorum, although a lesser number may recess from day to day and compel the attendance of absent members. The California Constitution requires the proceedings of each house of the Legislature to be open and public and recognizes the right of the public to attend, record, and broadcast those proceedings. The California Constitution authorizes the Legislature to provide for the convening of the Legislature to meet the needs resulting from a war-caused or enemy-caused disaster in the state. This measure would permit Members to remotely attend and vote in a legislative proceeding, or to vote by proxy in a legislative proceeding if permitted by their house, during the pendency of a state of emergency declared by the Governor or the President of the United States, under specified conditions. The measure would provide, among other conditions, that a Member may remotely attend and vote, or vote by proxy as authorized, in a proceeding only if the state of emergency prevents the Member from safely attending the proceeding in person. The measure would also provide that a Member attending remotely would be included in the determination of a quorum. The measure would provide that if 15 or more of the Members of a house cannot attend a proceeding during a state of emergency because they are deceased, disabled, or missing, a quorum may be established by a majority of those Members able to attend. The measure would specify that the Legislature may provide by statute for temporarily filling the vacant offices of Members with pro tempore members in the event that 15 or more of the Members of a house are deceased, disabled, or missing during a state of emergency. The measure would require the Legislature by concurrent resolution, or each house by separate resolutions, 23 of the membership concurring, to adopt rules to implement this provision no later than the end of the biennial legislative session in which this measure takes effect, except as specified.
This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.
Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the Employment Development Department. Unemployment compensation benefits are paid from the Unemployment Fund, which is continuously appropriated for this purpose. Under existing law, unemployment compensation benefits are based on wages paid in a base period that is calculated according to the month within which the benefit year begins. Existing law provides that a weekly unemployment compensation benefit amount may be paid to an individual whose highest wages in the quarter of their base period exceeded $900, but a weekly benefit amount may not exceed $450. Existing law requires the Director of Employment Development to maintain a separate reserve account for each employer, and to charge unemployment compensation benefits paid to an unemployed individual during any benefit year against the reserve account of that individual's employer during the individual's base period. Existing law, the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) , among other things, provides Federal Pandemic Unemployment Compensation in the amount of $600 per week in addition to the weekly benefit amount paid to eligible persons under the state unemployment compensation law if the state enters into a specified agreement with the United States Secretary of Labor. The CARES Act provides for full reimbursement by the federal government for the total amount of Federal Pandemic Unemployment Compensation paid to individuals by the state pursuant to the agreement. This bill would provide, until July 1, 2022, following the termination of the Federal Pandemic Unemployment Compensation amount provided pursuant to the CARES Act or any other federal supplemental unemployment compensation payments for unemployment due to the COVID-19 pandemic, that an individual's weekly benefit amount as otherwise provided for by existing unemployment compensation law be increased by $100 for the remainder of the duration of time the individual is entitled to receive benefits with respect to a valid claim for a benefit year, notwithstanding the weekly benefits cap. The bill would prohibit any unemployment compensation benefits authorized by the bill to be charged against the reserve account of any employer. This bill would also provide, until July 1, 2022, that for any new claims filed with an effective date on or after July 1, 2020, an individual's weekly benefit amount shall not be less than $167. The bill would specify that its provisions do not impact the maximum amount of unemployment compensation benefits payable to an individual or any nonmonetary eligibility criteria, as specified. Because this bill would authorize additional benefits to be paid from the Unemployment Fund, which is continuously appropriated, it would make an appropriation.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law limits the maximum amount an enrollee or insured may be required to pay at the point of sale for a covered prescription drug to the lesser of the applicable cost-sharing amount or the retail price. This bill would require an enrollee's or insured's defined cost sharing for each prescription drug to be calculated at the point of sale based on a price that is reduced by an amount equal to 90% of all rebates received, or to be received, in connection with the dispensing or administration of the drug. The bill would prohibit a health care service plan, health insurer, or a plan's or insurer's agents from publishing or otherwise revealing information regarding the actual amount of rebates the health care service plan or health insurer receives on a product-specific, manufacturer-specific, or pharmacy-specific basis. Because a willful violation of these provisions by a health care service plan would be a crime, 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.
