Existing federal law directs the federal government to provide various forms of assistance to state and local governments that have jurisdiction over a designated area that has been declared a major disaster area, as specified, including the removal of debris from the affected area. Existing federal law generally prohibits providing direct assistance to an individual or private organization for the cost of removing debris from their own property, except as specified. Existing law, the California Emergency Services Act, confers upon the Governor and upon the chief executives and governing bodies of political subdivisions of this state specified emergency powers and provides for state assistance in the organization and maintenance of the emergency programs of those political subdivisions. A "state of emergency," for purposes of the act, includes the duly proclaimed existence of conditions of disaster caused by various conditions, including fire, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. Existing law generally governs the business of insurance in the state, including, among other things, residential real property insurance disclosures. This bill would require an insurer for a residential property insurance policy, if a consolidated debris removal program, in which a residential property owner who has insurance in effect at the time of a wildfire that provides coverage for debris removal voluntarily assigns any rights, benefits, and proceeds for that coverage to a county or designated agency and makes any benefits and proceeds directly payable to that county or designated agency, is implemented following a state of emergency, to provide the assignee with relevant policy and claim information and to issue payment directly to the assignee, as specified. The bill would provide that a residential property owner who makes an assignment by executing a right of entry form is not liable for any additional costs of the debris removal in the designated area in which the debris removal program is implemented.
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Existing law requires the California Department of Aging to designate various private nonprofit or public agencies as area agencies on aging to work for the interests of older Californians within a planning and service area and provide a broad array of social and nutritional services. Existing law also requires the department to adopt policies and guidelines to carry out the purposes of the Alzheimer's Day Care-Resource Center program, which provides access to specialized day care resource centers for individuals with Alzheimer's disease and other dementia-related disorders and support to their families and caregivers. Existing law requires the department to make efforts to increase public awareness about areas of importance to California's older individuals, their families, and other caregivers. Existing law requires the department to establish an Aging Information and Education Fund, from funds made available pursuant to the annual Budget Act, to implement public awareness of various issues, including at least medication management, elder abuse prevention, and a toll-free line for linkage to local service networks. This bill would require the department to implement a public awareness campaign, as specified, to reduce stigma and raise public awareness of the warning signs of Alzheimer's disease and dementia in order to promote early detection and accurate diagnosis. The bill would also make related legislative findings and declarations.
Existing law requires the Department of Technology, on or before July 1, 2018, to update the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency, as specified. Existing law authorizes a local entity that receives state funds for the purposes of storing, sharing, or transmitting data, or in support of an information technology project with a state entity, to submit a Technology Recovery Plan, upon request of the Department of Technology. This bill would create the Office of Local Cloud Migration and Digital Innovation in the Department of Technology. The bill would require the office to promote the use of technologies including, but not limited to, cloud-based computing and data storage that will assist local agencies in their efforts to further transparency, efficiency, disaster preparedness and response, as well as general accessibility to the public. The bill would require the office to operate in partnership with private industry and the nonprofit community to maximize the assistance provided to local agencies. The bill would create the Local Cloud Migration and Digital Innovation Local Assistance Fund for the purpose of receipt of donations from private industry and the nonprofit community, and funds directly allocated by the Legislature, and would make money in the fund available to the office, upon appropriation by the Legislature, for the above-described purposes.
(1) Existing law, the California Financing Law (CFL) , provides for the licensure and regulation of finance lenders and brokers, and, beginning on January 1, 2019, program administrators, by the Commissioner of Business Oversight. A willful violation of the CFL is a crime, except as specified. The CFL provides that it be liberally construed to promote specified purposes and policies. This bill would revise the purposes and policies of the CFL. (2) The CFL requires a finance lender, broker, and, beginning on January 1, 2019, program administrator licensee to file an annual report with the commissioner, on or before March 15, containing relevant information that the commissioner may specify. This bill would require a licensee to include in the report information on all loans made with the participation of a 3rd-party financial institution in connection with a contractual agreement with the licensee. (3) The CFL authorizes the commissioner to examine specified records of every person engaged in the business of a finance lender, broker, or, beginning on January 1, 2019, program administrator, for the purpose of discovering violations of the CFL or securing information otherwise required in the administration and enforcement of this division. This bill would require the commissioner to examine the affairs of each finance lender licensee for compliance at least once every 48 months. The bill would authorize the commissioner to conduct the examination under oath. By expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would require the commissioner to provide a written statement of the findings of the examination, to issue a copy of that statement to the licensee's principals, officers, or directors, and to take appropriate steps to ensure correction of any violations. (4) The CFL authorizes the commissioner to bring an action to enjoin, as specified, against a person who, in the commissioner's estimation, has violated or is about to violate the CFL. Under the CFL, a person who willfully violates its provisions, rules, or regulations adopted pursuant to them, is liable for a civil fine not to exceed $2,500. This bill would authorize, upon a proper showing, the appointment of a receiver, monitor, conservator, or other designated fiduciary or officer of the court for the defendant, in an action as described above, or for the defendant's assets. The bill would specify the potential powers of these parties and prohibit any action in law or equity from being maintained against them for exercising the powers or performing their duties. The bill would eliminate the requirement that the penalty provisions, as described above, be willful. The bill would increase the maximum amount of the penalty provisions to $25,000. This bill would also grant various powers to the commissioner in connection with any violation of the CFL, including imposing an administrative penalty of up to $25,000 for each violation, ordering ancillary relief including restitution, disgorgement, or damages, as specified, and entitling the commissioner in administrative actions to recover attorney's fees and costs, to be deposited in the State Corporation Fund for use by the department. The bill would prescribe certain requirements and procedures in connection with hearings and court actions in this regard. (5) By expanding the scope of an existing crime with respect to willful violations of the CFL, this bill would impose a state-mandated local program. This bill would also make clarifying changes in the CFL. (6) 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, beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income tax credit against personal income tax and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor, as specified. An "eligible individual" is defined to include specified individuals, and provides that, if a person does not have a qualifying child, he or she must be between 25 and 65 years of age at the end of the taxable year. Additionally existing law, in conformity with federal income tax laws, requires the taxpayer and the qualifying child to have a social security number to be eligible for the credit. This bill, for each taxable year beginning on or after January 1, 2019, would revise the age requirement for the definition of an "eligible individual," with regard to persons who do not have a qualifying child, to require solely that the person must have attained 18 years of age. The bill, for each taxable year beginning on or after January 1, 2019, would require the taxpayer and the qualifying child to have a social security number or a federal individual taxpayer identification number in order to be eligible for the earned income tax credit. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount to be paid as an earned income tax credit in excess of any tax liabilities. This bill, for each taxable year beginning on or after January 1, 2019, would authorize new payments from that account, upon appropriation by the Legislature, for additional amounts in excess of personal income tax liabilities. This bill would take effect immediately as a tax levy.
Existing law, the Personal Income Tax law, allows various credits against the taxes imposed by that law. This bill would allow a credit against that tax for each taxable year beginning on or after January 1, 2019, and before January 1, 2020, in an amount equal to 50% of the amount paid or incurred, not to exceed $1,000, for losses sustained by a taxpayer and not compensated for by insurance or otherwise that occurred in a qualified disaster area, as defined. This bill would take effect immediately as a tax levy.
Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists by the Physical Therapy Board of California, which is within the Department of Consumer Affairs, and defines physical therapy as the art and science of physical or corrective rehabilitation or of physical or corrective treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, light, water, electricity, sound, massage, and active, passive, and resistive exercise. Existing law, the Veterinary Medicine Practice Act, provides for the licensure and regulation of veterinarians and the practice of veterinary medicine by the Veterinary Medical Board, which is within the Department of Consumer Affairs. That act makes it unlawful for any person to practice veterinary medicine in this state without a license and provides that the practice of veterinary medicine includes, among other things, the treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of an animal. This bill would authorize a licensed physical therapist with a certificate in animal physical rehabilitation to provide animal physical rehabilitation to an animal if certain requirements are met, including that the animal physical rehabilitation is performed in certain settings and under the supervision of a supervising veterinarian. The bill would authorize an animal physical rehabilitation assistant to assist with delegated animal physical rehabilitation tasks if certain conditions are met. The bill would require the Veterinary Medical Board to create an application form and determine the application process for the certificate. The bill would require the Veterinary Medical Board and the Physical Therapy Board of California, in cooperation, to determine the qualifications necessary for a physical therapist to receive a certificate issued by the Veterinary Medical Board, as provided, and would authorize the Veterinary Medical Board to charge a fee for issuance and renewal of a certificate. The bill would provide that a physical therapist with a certificate in animal physical rehabilitation or an animal physical rehabilitation assistant is solely liable for any delegated animal physical rehabilitation tasks provided under a direct order. The bill would authorize the Veterinary Medical Board to discipline a physical therapist with a certificate in animal physical rehabilitation. The bill would also define various terms for these purposes
This measure would declare the support of the Legislature for the expansion of sensory-friendly movie screenings and similar programs for people with autism, and would encourage families to attend a sensory-friendly movie screening during April 2018, which is National Autism Awareness Month.
This measure would, among other things, designate the year 2018 as "State of California Year of Commemoration of the Anniversary of the Armenian Genocide of 1915–1923," would designate April 24, 2018, as "State of California Day of Commemoration of the 103rd Anniversary of the Armenian Genocide of 1915–1923," and would call upon the President of the United States and the United States Congress to formally and consistently reaffirm the historical truth that the atrocities committed against the Armenian people constituted genocide.
This measure would proclaim April 16, 2018, as California Holocaust Memorial Day and would urge all Californians to observe this day of remembrance for the victims of the Holocaust in an appropriate manner.