Existing law generally regulates the conduct of business between insurers and broker-agents. Under existing law, when a broker-agent's contract is terminated, the rights, duties, and obligations set forth in the terminated contract continue solely with respect to policies then in force or renewed, until those policies are canceled, placed by the broker-agent with another insurer, or have expired, as provided. Existing law requires that if the terminated broker-agent is unable to place existing policies with another insurer, the insurer shall, at the broker-agent's request, renew any insurance contract written by the broker-agent for one policy term or a period of one year, whichever is shorter. Existing law requires an insurer issuing an automobile insurance policy by or through an insurance agent, if a commission is paid to that agent, when issuing a policy in the minimum financial responsibility coverage amount, to pay a commission on the same terms and on the same percentage basis to that agent as for any higher amount of policy coverage sold by that agent. This bill would require that any commission payable to a broker-agent be at the rate and in accordance with the terms agreed to in writing between the insurer and the broker-agent. The bill would establish a rebuttable presumption, as specified, that a commission is lawful if it is paid in accordance with the above-described laws relating to the termination of a broker-agent's contract and minimum commission amounts. The bill would require the written contract to be consistent with specified laws governing contracts. The bill would apply to a written agreement entered into or modified on or after January 1, 2019.
Sponsored bills
The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as GO-Biz, to serve as the Governor's lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office, among others, makes recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals. This bill would require the office to lead the preparation of a California Economic Development Strategic Action Plan, as specified, to commission a study to identify and evaluate economic development issues, and to create a comprehensive agenda and framework for inclusive statewide and regional economic growth. The bill would authorize the office to accept nonstate moneys for the purposes of commissioning the study and developing the action plan. The bill would require the deposit of private sector donations into the Economic Action Plan Account, which the bill would establish in the California Economic Development Fund.
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 authorizes each county, city, district, or other local governmental agency to determine, among other things, whether solid waste handling services are provided for by means of a nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, permit, or otherwise. This bill would prohibit a county, city , district, or local governmental agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit.
Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, homeless youth emergency service pilot projects, and Housing First and the Homeless Coordinating and Financing Council, to provide assistance to homeless persons. Existing law establishes the council to oversee the implementation of the Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. This bill would require the council to assume additional responsibilities, including setting specific, measurable goals aimed at preventing and ending homelessness among youth in the state and defining outcome measures and gathering data related to those goals. The bill would also require the council, in order to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness, to coordinate with certain stakeholders and, to the extent that funding is made available, provide technical assistance and program development support.
Existing law, as added by Proposition 83 of the November 7, 2006, statewide general election, makes it a crime for a person to contact or communicate with a minor, or attempt to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit a specified offense involving the minor, including, among other offenses, kidnapping and rape. This bill would additionally make it a crime to contact or communicate with a minor, or attempt to contact or communicate with a minor, as specified, with the intent to commit human trafficking of the minor. By expanding the definition of 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.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, provides for the licensure and regulation of commercial cannabis activity, including cultivation, manufacturing, distribution, and retail sale. Existing law prohibits a commercial cannabis licensee from selling alcoholic beverages or tobacco products on or at any premises with a commercial cannabis license. This bill would prohibit a licensee from selling, offering, or providing a cannabis product that is an alcoholic beverage, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage. Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. This bill would prohibit an alcoholic beverage licensee from, at its licensed premises, selling, offering, or providing cannabis or cannabis products, including an alcoholic beverage that contains cannabis or cannabis products, and would provide that no alcoholic beverage shall be manufactured, sold, or offered for sale if it contains tetrahydrocannabinol or cannabinoids, regardless of source. The bill would require the department to take disciplinary action against a licensee who does so, including, but not limited to, suspension or revocation of the license.
Existing law, commonly known as Continuum of Care Reform (CCR) , states the intent of the Legislature in adopting CCR to improve California's child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. Existing law, as part of the CCR, requires the State Department of Social Services to implement a resource family approval process, which replaces the multiple processes for licensing foster family homes, certifying foster homes by foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. This bill would make legislative findings and declarations, stating the intent of the Legislature in adopting this bill to build upon the current CCR implementation effort. The bill would require the department to establish a statewide hotline, operational no later than January 1, 2020, as the entry point for a Family Urgent Response System, as defined, to respond to calls from caregivers or current or former foster children or youth when a crisis arises, as specified. The bill would require the hotline to include, among other things, referrals to the county, as specified, for further support and in-person response. The bill would require the department to ensure that deidentified, aggregated data are collected regarding individuals served through the hotline and to publish a report on the department's Internet Web site by January 1, 2021, and annually by January 1 thereafter, including specified information. This bill would require, no later than January 1, 2020, county child welfare, probation, and behavioral health agencies, in each county or region of counties, as specified, to establish a joint county-based Family Urgent Response System that includes a mobile response and stabilization team to provide stabilization services for caregivers and current or former foster children or youth who are experiencing a crisis. The bill would require those agencies to submit a single, coordinated plan to the department, no later than November 1, 2019, describing how the system would meet specified requirements. The bill would authorize those agencies to implement these provisions on a per-county basis or by collaborating with other counties to establish regional, cross-county Family Urgent Response Systems, as specified. By creating new duties for county officials relating to foster care services, the bill would impose a state-mandated local program. This bill would require the department, in collaboration with the State Department of Health Care Services, no later than March 1, 2019, to issue all necessary guidance for county-based Family Urgent Response Systems established pursuant to these provisions. This bill would make the implementation of this act contingent upon the appropriation of funds for these purposes in the annual Budget Act or another statute. 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.
(1) Existing law, known commonly as the Property Assessed Clean Energy (PACE) program, authorizes a public agency, by making specified findings, to authorize public agency officials and property owners to enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property. Existing law, the California Financing Law (CFL) , requires a program administrator who administers a PACE program on behalf of, and with the written consent of, a public agency to comply with specified requirements relating to the PACE program, including requiring, commencing on January 1, 2019, a program administrator to be licensed by the Commissioner of Business Oversight under the California Financing Law. The CFL, commencing on January 1, 2019, requires a program administrator to establish and maintain a process for the enrollment, and for the cancellation of that enrollment, of a PACE solicitor and a PACE solicitor agent. The CFL defines the term "PACE solicitor" and "PACE solicitor agent" to not include specified persons. This bill would clarify that the term "PACE solicitor" and "PACE solicitor agent" does not include a person who only solicits a property owner to enter into an assessment contract with a person who is not considered a program administrator within the meaning of the CFL. The bill would prohibit a person from engaging in the business of a PACE solicitor unless that person is enrolled with a program administrator. The bill would also require the program administrator to maintain the processes described above in a manner that is acceptable to the commissioner. (2) The CFL requires a program administrator who administers a PACE program on behalf of, and with the written consent of, a public agency to comply with specified requirements relating to the PACE program, including requiring a program administrator to ensure criteria related to the assessment contract are satisfied before the contract is approved for recordation, including ensuring that the property owner has not been a party to any bankruptcy proceedings within the last 7 years and that the property owner is current on all mortgage debt on the subject property and has had no more than one late payment during the 12 months immediately preceding the application date, as provided. This bill would, instead, prohibit a program administrator from executing an assessment contract, and would prohibit any work from commencing under a home improvement contract that is financed by that assessment contract and would prohibit that home improvement contract from being executed, unless the program administrator ensures that certain criteria related to that assessment contract are satisfied. The bill would revise the two criteria described above to require the program administrator to ensure that the property owner has not been a party to any bankruptcy proceeding within the last 4 years and to require the program administrator to ensure that the property owner is current on all mortgage debt on the subject property and has had no more than one late payment during the 6 months immediately preceding the application date. (3) The CFL prohibits a program administrator from approving an assessment contract for funding and recording by a public agency unless the program administrator makes a reasonable good faith determination that the property owner has a reasonable ability to pay the PACE assessment, and requires that determination to include specified factors, including household income. Existing law requires a public agency that administers a voluntary contractual assessment program under the PACE program to, with respect to each real property subject to an assessment, record a document that contains specified information related to the assessment, including, the names of all current owners of the real property subject to the assessment. This bill would, instead, prohibit a program administrator from executing an assessment contract, and would prohibit any work from commencing under a home improvement contract that is financed by that assessment contract and would prohibit that home improvement contract from being executed, unless the program administrator makes a reasonable good faith determination that the property owner has a reasonable ability to pay the PACE assessment. The bill would authorize a program administrator when conducting this determination to utilize the income of a property owner's legal spouse through marriage or domestic partnership who is not on title to the property, provided that person consents, in writing, to that effect. The bill would also provide that if the property owner's legal spouse through marriage or domestic partner is used to determine the property owner's income in that manner, then the public agency that administers the PACE assessment is required to include that person's name in the document recorded related to that assessment described above. (4) The CFL requires the program administrator to be responsible for the difference between the determination of the property owner, who is obligated on the underlying home improvement contract, ability to pay the annual PACE obligations and the actual amount financed for the property owner, provided certain requirements are met. This bill would require the program administrator in that instance to provide to the property owner a written disclosure of the methodology that the program administrator used to determine whether there was a difference between the property owner's ability to pay the annual PACE obligation and the actual amount financed for the property owner. The bill would also provide that this requirement only applies to an assessment contract executed between April 1, 2018, and January 1, 2019. (5) The CFL requires a program administrator to submit to the commissioner information beneficial to evaluating various aspects of the PACE program to be included in a specified annual report, and requires the commissioner to file an annual report with the department as a public record that is a composite of the annual reports and any comments on that report that the commissioner determines to be in the public interest. The CFL requires a program administrator to report annually to the commissioner all PACE assessments that were funded and recorded. This bill would require the commissioner to include information on all PACE assessments that were funded and recorded into the annual composite report described above. (6) This bill would make other clarifying changes to the provisions of the CFL relating to program administrators, PACE solicitors, and PACE solicitor agents. (7) Existing law requires a program administrator to provide an oral confirmation of the key terms of an assessment contract with the property owner on the call, or his or her authorized representative, and to retain a copy of a recording of that confirmation for a period of 5 years after the recording is made. Existing law requires that oral confirmation to contain specified information. This bill would also require the program administrator to include in the oral conformation that it is the responsibility of the property owner to contact the property owner's home insurance provider to determine whether the efficiency improvement to be financed by the PACE assessment is covered by the property owner's insurance plan.
Existing law, commonly known as Continuum of Care Reform (CCR) , states the intent of the Legislature in adopting CCR to improve California's child welfare system and its outcomes by using specified measures, including an increase in the use of home-based family care. Existing law, as part of CCR, provides for the implementation of the resource family approval process, which replaces the multiple processes for licensing foster family homes, certifying foster homes by foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. As part of the resource family approval process, a county is responsible for, among other things, ensuring that a resource family applicant completes specified training that includes certain courses, including one regarding the effects of trauma and child abuse and neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect. Existing law also establishes an intensive services foster care program, developed by the State Department of Social Services, that provides specialized programs to serve children with specific needs, and requires training for that program to include, among other things, information relating to working with children who have experienced trauma. This bill would state the intent of the Legislature in adopting the bill to build upon the current CCR implementation effort by, among other things, developing a coordinated, timely, and trauma-informed system-of-care approach for children and youth in foster care who have experienced severe trauma. The bill would require each county to develop and implement a memorandum of understanding, as specified, setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma. This bill would require the memorandum of understanding (MOU) to include, at a minimum, provisions addressing, among other things, the establishment and operation of an interagency leadership team and an interagency placement committee. The bill would authorize members of the team, to the extent permitted by federal law, to disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if certain conditions are met, and would make any discussion concerning the disclosed or exchanged information or writing during a team meeting confidential and not open to public inspection. The bill would require members of an interagency placement committee, child abuse multidisciplinary personnel team, or child and family team, as defined, that is convened for the purpose of implementing the MOU, to comply with applicable statutory confidentiality provisions for that committee or team. By creating new duties for county officials relating to foster care services, the bill would impose a state-mandated local program. This bill would require the Secretary of California Health and Human Services and the Superintendent of Public Instruction, no later than June 1, 2019, to establish a joint interagency resolution team, consisting of representatives from specified state departments, whose primary roles would be to develop guidance and provide support and technical assistance to counties with regard to those children and youth and the memoranda of understanding, as specified. The bill would also require the team, no later than January 1, 2020, in consultation with specified entities and persons, to review the placement and service options available to county child welfare agencies and county probation departments for those children and youth, to develop and submit recommendations to the Legislature, regarding identified gaps in placement, needed services, and a centralized process for services, as specified, and, no later than June 1, 2020, to develop a multiyear plan for increasing the capacity and delivery of trauma-informed care to foster children and youth served by short-term residential therapeutic programs and other foster care and behavioral health providers. The bill would authorize the joint interagency resolution team, to the extent permitted by federal law, to disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law, if certain conditions are met, and would make any discussion concerning the disclosed or exchanged information or writing during a team or committee meeting shall be confidential and shall not be open to public inspection. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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 establishes the California Commission on Disability Access within the Department of General Services. The commission is charged with preventing or minimizing problems of compliance by California businesses by providing educational services and recommending programs to enable persons with disabilities to obtain full and equal access to public facilities. Existing law requires the State Architect to establish a program for the voluntary certification by the state of any person who meets criteria as a Certified Access Specialist (CASp) . This position requires certain knowledge and training on standards governing access to buildings for persons with disabilities. Existing law also requires each city, county, or city and county to provide applicants for a business license or equivalent instrument or permit with certain information regarding compliance with disability access provisions under federal and state law, including information on legal obligations from specified state agencies. This bill would additionally require the above local jurisdictions issuing building permits for commercial construction or business licenses to make available a notice containing specified information regarding disability access. The bill would also require a local agency to provide the informational notice to an applicant for a commercial building permit or a business license. The bill, among other things, would require this informational notice to be translated into specified languages and to include specified information on compliance requirements under both state and federal law and an advisory strongly encouraging the applicant to obtain a CASp consultation and inspection. The bill would define "commercial property" for these purposes. The bill would require the State Architect to develop a model notice for local agencies to use to comply with these provisions, as specified. The bill would include related legislative findings. By imposing new requirements on local government agencies, the bill would create 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.