Existing law regarding mortgages generally authorizes a beneficiary, trustee, mortgagee, or his or her agent or successor in interest to demand and receive from a trustor, mortgagor, or his or her agent or successor in interest, or any beneficiary under a subordinate deed of trust, or any other person having a subordinate lien or encumbrance of record those reasonable costs and expenses, as allowed, that are actually incurred in enforcing the terms of the obligation from the date of the notice of sale until the property is sold. This authorization includes trustee's or attorney's fees in an amount not exceeding $475 if the unpaid principal sum secured is $150,000 or less, or $410, if the unpaid principal sum secured exceeds $150,000 plus a percentage of the unpaid principal sum secured exceeding $50,000, plus specified increasing additional amounts based on the unpaid principal. This bill would restructure those fee authorization provisions. The bill would authorize fees to be in an amount not exceeding a base amount of $475, if the unpaid principal sum secured is $50,000 or less, would authorize a base amount not exceeding $475 plus 1% of a specified amount if the unpaid principal exceeds $50,000 but not $150,000, and would specify additional amounts for unpaid principal sums exceeding $150,000 as specified. Existing law authorizes, upon the sale of property under a power of sale, the trustee or his or her agent or successor in interest, to demand and receive, in lieu of other specified charges, from a beneficiary, or his or her agent or successor in interest, or to deduct from the proceeds of the sale, those reasonable costs and expenses that are actually incurred in enforcing the terms of the obligation and the trustee's or attorney's fees that are authorized in an amount not to exceed $425 or 1% of the unpaid sum secured, whichever is greater. This bill would increase the above maximum trustee's or attorney's fees from $425 to $475. Existing law limits the amount of trustee's or attorney's fees that may be charged in connection with the enforcement of certain terms of obligation upon default in payment under a mortgage or deed of trust prior to reinstatement of a monetary default, or until the notice of sale is deposited in the mail, or otherwise at any time prior to the decree of foreclosure, to a base amount not to exceed $350 for an unpaid principal balance sum of $150,000 or less, or $300 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. This bill would revise and recast those fee provisions. The bill instead would provide that if the unpaid principal sum secured is $50,000 or less, then the base amount may not exceed $350. The bill would specify that if the unpaid principal sum secured exceeds $50,000, but does not exceed $150,000, then the base amount may not exceed $350, plus certain additional percentages of unpaid principal sums, which would increase by additional amounts on any portion of the unpaid principal sum that exceeds $150,000.
Sponsored bills
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative statute enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person 21 years of age or older to possess and use specified amounts of cannabis. AUMA specifies that possessing, smoking, or ingesting cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present is prohibited. AUMA makes a violation of this location restriction punishable as an infraction or a misdemeanor, as specified. AUMA authorizes the Legislature to amend its provisions with a 23 vote of each house of the Legislature, if the amendments are consistent with and further the purposes and intent of the act. This bill would prohibit the possession, smoking, or ingesting of cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center, regardless of whether children are present. By expanding the scope of a crime, 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 no reimbursement is required by this act for a specified reason.
Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or other consumption of, meals and food products that are furnished or served by any nonprofit veteran's organization for purposes of fundraising, as specified. This bill, on and after April 1, 2017, and before January 1, 2023, would exempt from these taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, building materials and supplies purchased by a qualified person for use by that qualified person in the construction of specified military and veteran medical facilities. The bill would make a legislative finding and declaration that the retroactive application of the bill serves a public purpose and does not constitute a gift of public funds. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse cities and counties for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill.
The Milton Marks Postgovernment Employment Restrictions Act of 1990 prohibits a Member of the Legislature, for a period of one year after leaving office, from acting as a compensated agent or attorney for, or otherwise representing, any other person by making appearances before or communications with the Legislature or its committees, present Members, or officers or employees, if the appearance or communication is made for the purpose of influencing legislative action. This bill would extend the time period of these prohibitions to 2 years if a Member of the Legislature resigns from office, commencing with the effective date of the resignation. This bill would make other technical, nonsubstantive changes. Because a violation of the act is punishable as a misdemeanor, 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 no reimbursement is required by this act for a specified reason. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law regulates the licensure and operation of residential care facilities for the elderly, including the adoption of building standards to provide for locked and secured perimeters in residential care facilities for the elderly that care for persons with dementia. Existing law, the California Conservatorship Jurisdiction Act, generally establishes the standards and procedures for establishing the proper jurisdiction for a proceeding to appoint a conservator of a person, an estate, or both. Existing law provides that application of these provisions to a conservatee with dementia is subject to the specified limitations. Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court's finding that among other things, the conservatee has dementia and a functional impairment. This bill would replace references to the term dementia in these provisions with major neurocognitive disorders. The bill would also make technical, nonsubstantive changes to these provisions.
(1) Existing law provides that a party to an action in which it is alleged that 2 or more parties are joint tortfeasors or co-obligors on a contract debt is entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving a specified notice. In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for a determination of good faith settlement and a proposed order. Existing law requires that the notice, application, and proposed order be given by certified mail, return receipt requested. This bill would provide that the notice, application, and proposed order may additionally be given by personal service. (2) Existing law provides for the service of documents in a civil action, and establishes procedures for the service of documents by mail, Express Mail or other means of overnight delivery, facsimile transmission, or electronic service, as specified. Existing law applies these procedures to methods of discovery or service of a motion, as provided. This bill would additionally apply existing procedures governing the personal service of documents to methods of discovery or the service of a motion, as provided. (3) Existing law authorizes a party to demand that all parties simultaneously exchange information concerning each other's expert trial witnesses. Existing law requires all parties who have appeared in the action to exchange information concerning expert witnesses in writing on or before the date of the exchange specified in the demand. Existing law permits the exchange of information to occur at a meeting of the attorneys for the parties involved or by a mailing on or before the date of exchange. This bill would revise the methods by which parties may exchange information concerning expert witnesses by authorizing the parties to follow the procedures described above that are applicable to personal, mail, and electronic service, as specified.
This measure would call upon the United States Congress to immediately pass legislation, "Kate's Law," which would create a mandatory minimum federal sentence of 5 years in a federal penitentiary for an individual who has returned to the United States illegally after having been deported and previously convicted of a felony in the United States.
This measure would recognize March 3, 2017, as National Speech and Debate Education Day.