Existing law requires a professional fiduciary, as defined, to be licensed by the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and prohibits a person from holding himself or herself out as a professional fiduciary unless he or she is licensed as a professional fiduciary. Existing law defines a professional fiduciary to include a person who acts as a trustee, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances, for more than three individuals at the same time. Existing law provides that, for this purpose, (1) individuals related to the fiduciary shall not be counted, (2) all individuals related to each other shall be counted as one individual, and (3) all trustors who are related to each other shall be counted as one individual, and neither the number of trusts nor the number of beneficiaries of those trusts shall be counted. This bill would, in addition, provide that an individual shall not be counted if the individual is a beneficiary of a specified trust or fund, and the fiduciary of that trust or fund is a corporation, unincorporated association, trust, or other entity that (1) has been in existence for at least 10 years, (2) is described in Section 501(c) (3) of the Internal Revenue Code, and (3) is subject to the Supervision of Trustees and Fundraisers for Charitable Purposes Act.
Sponsored bills
This measure would request a delay in enforcement of the State Air Resources Board's Enhanced Vapor Recovery Phase II requirements until October 2010.
(1) The Personal Income Tax Law, in modified conformity to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, allows an exclusion from a taxpayer's income for the discharge of qualified principal residence indebtedness, as defined, if that debt is discharged after January 1, 2007, and before January 1, 2009, as provided. The Emergency Economic Stabilization Act of 2008 extended the operation of those federal provisions to debt that is discharged before January 1, 2013. This bill would provide further conformity to those federal acts, including allowance of the exclusion for debt that is discharged before 2013, as provided. (2) This bill would take effect immediately as a tax levy.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The state board is authorized to adopt market-based compliance mechanisms, as defined, meeting specified requirements to be used for compliance with those regulations. This bill would prohibit the state board from implementing a market-based compliance mechanism that includes caps on greenhouse gas emissions and trading among participants unless it is a part of a legally enforceable regional or federal program.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services, including mental health services. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. This bill would, subject to specified exceptions, commencing March 1, 2010, require the State Department of Mental Health to send a reimbursement claim to the Controller within 90 days after the receipt of a reimbursement claim from any fee-for-service county contractor, and would provide that interest shall accrue on an unpaid claim, as prescribed, commencing on the 91st day after receipt of the claim, except as provided.
Existing law provides for local health care districts which govern certain health care facilities. Each health care district has specific duties and powers respecting the creation, administration, and maintenance of the districts, including to purchase, receive, take, hold, lease, use, and enjoy property of every kind and description of property within the district. Existing law permits the Sonoma Valley Health Care District, upon the approval of its board of directors, to use a design-build procedure when assigning contracts for the construction of a building and improvements directly related to a hospital or health facility building at the Sonoma Valley Hospital. This bill would allow the Tahoe Forest Health Care District and a health care district authorized by the Office of Statewide Health Planning and Development, upon approval of the district's board of directors, to use the design-build procedure to assign contracts for the construction of a hospital or health facility building. This bill would repeal the above-described health care district authorization on January 1, 2016.
This measure would recognize the 45th Anniversary of the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and would recognize the value to the state of agricultural land conservation contracts.
Existing law allows a public utility to obtain a judgment lien on real property for unpaid utility charges. Existing law requires the judgment lien to be filed against the real property owner who incurred the charges. Unless the money judgment is satisfied or the lien is released, a judgment lien continues with the property for 10 years. Existing law also provides that a lien for charges for water, sanitation, storm drainage, or sewerage systems services and facilities, of certain municipal utility entities, shall have the force, effect, and priority of a judgment lien when a certificate specifying the amount of unpaid charges is recorded with the county recorder. This bill would require the trustee or mortgagee of a defaulted deed of trust mortgage on real property to satisfy any existing judgment liens, as provided, filed by a public utility of any city, county, or city and county against the judgment debtor prior to sale of the real property.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 defines various terms for purposes of the act, including, among others, "affected city." This bill would make a technical, nonsubstantive change to this definition.
Existing law creates the Healthy Families Program, administered by the Managed Risk Medical Insurance Board, to arrange for the provision of health care services to children less than 19 years of age who meet certain criteria, including having a limited gross household income. Existing law requires the board to establish the required copayment levels for specific benefits, as specified, and prohibits copayments from exceeding the copayment level established for state employees through the Public Employees' Retirement System. This bill would require the board to structure copayments for prescription drugs and emergency health care services in a specified manner, to the extent consistent with federal law, and would specify that these copayments do not apply to subscribers in families with household incomes equal to or less than 150% of the federal poverty level.