Existing law defines the measure of indemnity for a loss under a property insurance policy. Existing law requires an insurer, in the event of a loss under a residential insurance policy for which the insured has made a claim for additional living expenses, to provide the insured with a list of items that the insurer believes may be covered under the policy as additional living expenses. Additionally, existing law provides that, in the case of a loss related to a declared state of emergency, an insurer provide coverage for living expenses for a period of 24 months, subject to the limitations of the policy. This bill would specify that additional living expense coverage shall include all reasonable expenses incurred by the insured in order to maintain a comparable standard of living and would provide a list of expenses that shall be covered. This bill would require, for losses related to a declared state of emergency, that the insurer provide an advance payment for living expenses and an advance payment for contents, the insurer to accept an inventory of contents in any reasonable form permit the grouping of certain items in an inventory of contents, and offer a payment of no less than 80% of the policy limit for contents without an itemized claim. This bill would require an insurer to offer a 30-day grace period, as specified, for payments of premiums for policies on property located within a declared state of emergency for a period of 30 days after the declaration of the emergency. This bill would apply specified provisions retroactively to certain claims for losses incurred on or after July 1, 2017.
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Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales.
Existing law establishes the Veterans' Home of California system, comprised of subsidiary home locations including the Veterans' Home of California, Yountville, in Napa County. Existing law requires all moneys received by a home, or by an officer of a home, to be paid to the administrator of the home, as specified. Existing law requires the administrator, on the 10th day of each month, to forward to the Treasurer all moneys in his or her possession for deposit in the General Fund, as specified. Existing law authorizes the Department of General Services to lease any real property held by the department for a veterans' home, and requires all moneys received from a lease to be deposited into the General Fund to the credit of and in augmentation of the appropriation for the support of the veterans' home system. This bill would require the administrator of the Veterans' Home of California, Yountville, to deposit all revenue generated from employee housing on the campus into a continuously appropriated fund maintained by the administrator for expenditure by the administrator for the maintenance, rehabilitation, and restoration of the Yountville campus. By authorizing the expenditure of these funds, this bill would make an appropriation.
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, except as provided, requires, beginning December 31, 2025, at least 15% of newly purchased vehicles with a gross vehicle weight rating of 19,000 pounds or more purchased by the Department of General Services and other state entities for the state fleet to be zero emission, and beginning December 31, 2030, at least 30% of those vehicles to be zero emission. This bill would additionally require, beginning January 1, 2022, at least 15% of newly purchased vehicles with a gross vehicle weight rating of 19,000 pounds or more purchased by the department and other state entities for the state fleet to be fueled by renewable natural gas that furthers the state's air quality improvement goals, as specified. The bill, if the department finds in a public hearing on or after January 1, 2023, that it cannot meet the needs of the state while meeting this requirement, would require the department to disclose this finding at the hearing and to the Legislature. The bill would require the department, upon disclosure of this finding, to take certain steps to address the issues preventing the department and other state agencies from meeting this state fleet requirement. The bill, after a specified time period and if the department finds in a public hearing that it still cannot meet the needs of the state after taking those steps, would require the department to disclose this finding at the hearing and to the Legislature. The bill would provide that the requirement would be inoperative on the latter date on which the department notifies the Legislature.
Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires, in the 2014–15 school year and each school year thereafter, and as a condition of receipt of apportionments for pupils in a transitional kindergarten program, a child who will have his or her fifth birthday between September 2 and December 2 to be admitted to a transitional kindergarten program maintained by a school district or charter school. This bill, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, beginning in the 2020–21 school year, would require progressively younger 4-year-old pupils to be admitted to a transitional kindergarten program maintained by a school district or charter school, as provided, until, in the 2022–23 school year and each school year thereafter, the bill would require all 4-year-old pupils to be admitted to a transitional kindergarten program maintained by a school district or charter school. The bill would authorize, from the 2015–16 school year to the 2021–22 school year, inclusive, a 4-year-old child who is not required to be admitted to a transitional kindergarten program to be admitted to a transitional kindergarten program, as provided.
The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit (EITC) for certain low-income individuals who have earned income, as specified and who meet certain other requirements. The Personal Income Tax Law, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the EITC allowed by federal law as determined by the EITC adjustment factor as set forth in the annual Budget Act which, unless otherwise specified in that act, is 0%. This bill would require the Franchise Tax Board to revise the Form 540 to include specified language relating to claiming the California EITC on the Form 3514 and to revise the Form 540 2EZ to attach the Form 3514. Existing law, the Earned Income Tax Credit Information Act, requires state departments and agencies that serve those who may qualify for the federal EITC and the California EITC to notify their program recipients that they may be eligible for the federal EITC and the California EITC, as provided. Existing law defines "state departments and agencies that serve those who may qualify for the federal EITC and the California EITC" to mean certain programs in the State Department of Education, the Employment Development Department, and the State Department of Health Care Services. This bill would expand the definition of "state departments and agencies that serve those who may qualify for the federal EITC and the California EITC" to include the California Work Opportunity and Responsibility to Kids (CalWORKs) program in the State Department of Social Services and would require those state departments and agencies that serve those who may qualify for the federal EITC and the California EITC to additionally provide the Internet Web site address of the Form 540 2EZ and a physical paper copy of the Form 540 2EZ to those program recipients who may be eligible for the federal EITC and the California EITC.
Existing law, the Insurance Adjuster Act, sets forth various requirements with respect to operation as an insurance adjuster in this state, including, but not limited to, that the person be licensed, licensing qualifications and application requirements, continuing education and reporting requirements, codes of conduct, disciplinary actions, and nonresident and emergency licenses. The act defines the term "insurance adjuster" to include a person, other than a private investigator, who, for any consideration whatsoever, engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information in the course of adjusting or otherwise participating in the disposal of, any claim under or in connection with a policy of insurance on behalf of an insurer or engages in soliciting insurance adjustment business. Any person who knowingly falsifies the fingerprints or photographs submitted as part of the application process is guilty of a felony, and any person who violates any other provision governing insurance adjusters is guilty of a misdemeanor punishable by a fine not to exceed $500, or by imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment. Existing law prescribes a schedule for various insurance adjuster application, license, and license renewal fees. This bill would revise and recast the above provisions by, among other things, changing the name of the act to the Independent Insurance Adjuster Act and redefining an "independent insurance adjuster" to mean an individual, a business entity, an independent contractor, or an employee of a contractor who contracts for compensation with insurers, a person whose tax treatment by the insurers is consistent with that of an independent contractor rather than as an employee, and a person who investigates, negotiates, or settles property and casualty claims for insurers. The bill would expand the categories of persons exempt from the act to include, among others, an individual who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine claims payments, and a person who solely performs administrative or clerical duties, or any combination thereof, and who does not investigate, negotiate, or settle claims with policyholders, claimants, or their legal representatives. The bill would impose additional information and educational requirements on applicants and would impose additional administrative and code of conduct requirements on licensees. The bill would require a person who fails to meet continuing education and reporting requirements, and who has not been granted an extension of time by the commissioner to comply, to have his or her license placed on inactive status, as specified, and would prohibit a licensee on inactive status from performing specified activities. The bill would revise the provisions relating to nonresident and emergency licenses with regards to qualifying for those licenses, including a self-certification, under penalty of perjury, regarding the most significant state laws pertaining to property insurance policies. The bill would also create an apprentice independent insurance adjuster license to facilitate the experience, education, and training necessary to ensure reasonable competency in the responsibilities and duties of an independent insurance adjuster and would set forth the various terms and conditions of the license, including an application fee to be fixed at up to $80. The bill would make an apprentice independent insurance adjuster subject to a felony conviction if he or she knowingly falsifies the fingerprints or photograph submitted as part of his or her application for a license. The bill would require the Department of Insurance to prepare and disseminate to every licensee, on an annual basis, a notice describing the most significant California laws pertaining to property insurance policies. The bill would impose a 3-year reporting requirement on the Department of Insurance. The bill would also change various independent insurance adjuster application, license, and renewal fees, as prescribed. The bill would make conforming changes. Because the bill would create new crimes, 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.
This measure would urge the Congress of the United States to implement revised dam safety and inspection requirements, with specified components, for all federally operated and regulated dams and reservoirs for the purpose of ensuring public safety.
This measure would designate April 14, 2018, as Mendez v. Westminster School District Day.