Sen. Curren D Price

Existing law provides for the licensure and regulation of architects by the California Architects Board. Existing law imposes various fees on licensees and applicants for a license, which are deposited in the California Architects Board Fund, a continuously appropriated fund. Under existing law, the fee for renewing a license may not exceed $200. This bill would increase the renewal fee maximum to $400. By increasing moneys deposited into a continuously appropriated fund, the bill would make an appropriation.

Existing law authorizes a person who will be 18 years of age at the time of the next election to register to vote by executing an affidavit of registration. This bill would authorize a person who is at least 17 years of age and otherwise meets all voter eligibility requirements to submit his or her affidavit of registration. The affidavit of registration would be deemed effective as soon as the affiant would be 18 years of age at the time of the next election. Existing law requires the local registrar of births and deaths to notify the county elections official monthly of all deceased persons 18 years of age and over whose deaths were registered the preceding month. Existing law further requires the county elections official to cancel the affidavit of registration of a deceased voter. This bill would require the local registrar of births and deaths to notify the county elections official monthly of all deceased persons 17 years of age and over whose deaths were registered the preceding month. This bill would also make conforming changes to existing law. The above provisions of the bill would become operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. By requiring local elections officials to process voter registrations submitted by persons 17 years of age or older, 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, 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 these statutory provisions. This bill would incorporate changes to Section 2150 of the Elections Code made by SB 6, to become operative only if both this bill and SB 6 become operative.

The Personal Income Tax Law allows taxpayers, until January 1, 2010, to contribute amounts in excess of their tax liability for the support of the California Alzheimer's Disease and Related Disorders Research Fund. This bill would extend the operation of those contribution provisions to January 1, 2015.

(1) Existing law prohibits the Department of Motor Vehicles from issuing a duplicate or substitute certificate of title or license plate if, after a search of the records of the department, the registered owner's address, as submitted on the application, is different from that which appears in the records of the department, unless the registered owner applies in person and presents additional specified documentation, that includes, among other things, a facsimile of specified documents if the facsimile matches the vehicle record of the department. This bill would authorize the use of a photocopy of those documents in lieu of a facsimile. (2) Under existing law, the prohibition described above does not apply under certain circumstances, including when an application for a duplicate or substitute certificate of title or license plate is submitted by a dealer. This bill would make that prohibition also inapplicable to an application for a duplicate or substitute certificate of title or license plate that is submitted by an agent of the dealer. (3) Under existing law, the prohibition described above does not apply under circumstances when the vehicle is registered under the International Registration Plan or under Permanent Fleet Registration, or the vehicle is an implement of husbandry. This bill would make the inapplicability of the above circumstances subject to the discretion of the department. It would also make the prohibition described above inapplicable, at the discretion of the department, when an application for a duplicate or substitute certificate of title or license plate is submitted by a licensed registration service representing specified persons or entities.

(1) The Real Estate Law provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner. Existing law authorizes the commissioner to suspend or revoke the license of a real estate licensee or corporation, or to deny the issuance of a license to an applicant or corporation, for specified violations. This bill would further authorize the commissioner to suspend or revoke those licenses, or to deny issuance of those licenses, upon a violation of specified federal lending laws or regulations or upon the violation or failure to comply with specified provisions of state law relating to mortgages. (2) Existing law imposes certain limitations and prohibitions on licensed persons, as defined, with respect to the making of a covered loan, defined as a consumer loan in which the original principal balance of the loan does not exceed the most current conforming loan limit for a single-family first mortgage loan established by the Federal National Mortgage Association in the case of a mortgage or deed of trust, and as specified. Existing law does not regulate or define the term "higher-priced mortgage loan." This bill would establish "higher-priced mortgage loans," as defined, as a new category of regulated loans. The bill would, among other things, limit prepayment penalties and prohibit provisions for negative amortization. The bill would prohibit a licensed person, as defined, from making false, deceptive, or misleading statements or representations in connection with higher-priced mortgage loans. The bill would also, among other things, prohibit a mortgage broker, as defined, who arranges higher-priced mortgage loans with prepayment penalties from receiving a compensation that exceeds certain amounts. The bill would provide that a violation of the provisions regulating higher-priced mortgage loans by a licensed person is also a violation of the person's licensing law. The bill would authorize a licensing agency or the Attorney General to enforce the provisions regulating higher-priced mortgage loans. The bill would authorize civil penalties in an amount up to $10,000 against a licensed person who willfully and knowingly violates the provisions regulating higher-priced mortgage loans, and would nullify prepayment penalties or yield spread premiums that violate these provisions. The bill would also establish specified duties for mortgage brokers performing mortgage brokerage services for higher-priced mortgage loans. The bill's provisions would apply to higher-priced mortgage loans originated on or after July 1, 2010. (3) Existing law imposes certain limitations and prohibitions on specified licensees, including commercial banks, credit unions, finance lenders, and residential mortgage lenders, with respect to the making of consumer loans. This bill would provide that a violation of specified federal lending laws or regulations by those licensees is also a violation of the licensing law of the licensee. The bill would also provide that a mortgage broker, as defined, providing mortgage brokerage services, as defined, to a borrower is the fiduciary of the borrower, and any violation of the broker's fiduciary duties is a violation of the mortgage broker's licensing law and specified civil penalty and liability provisions. The bill would further provide that this fiduciary duty includes a requirement that the mortgage broker place the economic interest of the borrower ahead of his or her own economic interest. (4) Because a violation of the bill's provisions by certain licensees may be punished as crimes under the licensing law of the licensees, 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.

Existing law, the Horse Racing Law, generally regulates horse racing and parimutuel wagering on horse races. Existing law requires various deductions and distributions to be made from parimutuel pools, as specified. This bill would require a person licensed to conduct a horse racing meeting to hold in trust the distributions required to be made pursuant to the Horse Racing Law until the funds are paid to the various distributees. The bill would provide that these required deductions, except for those that enure to the benefit of the racing association, are trust funds and shall not be used by the racing association for any purpose other than for payment to those distributees as directed by the Horse Racing Law. The bill would provide that these funds are not the property of the racing association and are to be held in a separate depository account until they are actually distributed as provided for in the Horse Racing Law. By codifying requirements on licensees under the Horse Racing Law, the violation of which would be a crime, the bill would impose a state-mandated local program. This bill would authorize a quarter horse and harness racing association, subject to approval by the California Horse Racing Board, to deduct from the total amount handled in the parimutuel pool for any type of wager up to 2% more of the total amount handled than was authorized on May 1, 2009, and would require any amount deducted under this authority to be distributed as specified. 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 bill would declare that it is to take effect immediately as an urgency statute.

Existing law contains provisions relating to supervision of continuing care contracts, including requirements governing continuing care communities and contracts. Existing law requires the State Department of Social Services to regulate activity relating to continuing care contracts, and requires that continuing care retirement communities maintain an environment that enhances residents' independence and self-determination and in that regard imposes various requirements on a care provider. Existing law defines various terms for purposes of those contracts and requirements, and imposes specified civil and criminal penalties for violations of those provisions. This bill would define the term "permanent closure" for purposes of those provisions, to mean prescribed events that will cause the relocation of residents. This bill would impose various requirements on a provider with respect to the permanent closure of a continuing care retirement community facility, or a portion thereof, as specified, including providing 120 days' written notice to the department, and affected residents or designated representatives of these residents of the intended date of closure of a facility. The bill would require a provider, no less than 90 days prior to the permanent closure of a continuing care retirement community facility, or a portion thereof, to provide the department, affected residents and their representatives, and the local long-term care ombudsman program, with a written closure and relocation plan for the facility, containing specified information. The bill would require the department to monitor the implementation of the closure and relocation plan, as necessary, to ensure full compliance by the provider, and would prohibit a provider from taking any action to relocate a resident or to close the facility, until the plan has been prepared and submitted to the department by the provider and provided to the affected residents of the facility, the affected residents' designated representatives, and the local long-term care ombudsman program. The bill would also require the provider, in the case of a permanent closure, to offer the resident the choice of replacement housing, monetary compensation equal to the remaining value of the contract, or an alternative arrangement mutually agreed upon by the provider and the resident. Because this bill would change the definition of a crime, it 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.

(1) Existing law requires the Department of General Services to make available a report on contracting activity containing specified information, as provided. This bill would expand the reporting requirements of the Department of General Services in the years 2011 and 2012, to include any errors reported to the Department of General Services, as specified. (2) Existing law governs contracting between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies. Under existing law, it is unlawful for any person engaged in business with this state to sell or use any article or product as a "loss leader," as defined. This bill would require a statement of this latter provision to be specified in a solicitation for a state contract for goods, a request for proposal for a contract for services that involves the furnishing of equipment, materials, or supplies and a request for proposal for a state contract for the acquisition of information technology goods and services. This bill would require an awarding agency, on and after March 31, 2010, and until December 31, 2011, if this statement is not contained in a solicitation or request for proposal, to report this error to the Department of General Services. This bill would require the Department of General Services to post in the State Contracting Manual instructions for including this statement in all affected contracts. This bill would provide that this statement shall be deemed to part of a solicitation or request for proposal even if the statement is inadvertently omitted from the solicitation or request for proposal. (3) Existing law encourages state agencies that enter into contracts to establish goals to facilitate the participation of small businesses and disabled veteran business enterprises. This bill would make technical, nonsubstantive changes to those provisions.

This measure would designate April 24, 2009, as "California Day of Remembrance for the Armenian Genocide of 1915–1923." It would memorialize the Congress and the President of the United States to act likewise to commemorate the Armenian Genocide.

This measure would state the intent of the Legislature that the State of California generate sufficient funds for, and allocate sufficient funds to, education, so as to bring per-pupil spending up to or beyond the national average, and to a level that accounts for the actual cost of educating California's diverse pupil population.