Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital benefits, as specified, and is required to provide notice of the maternity services coverage. This bill would require new forms for health insurance policies submitted to the department after January 1, 2010, to provide coverage for maternity services, as defined. With respect to policy forms on file with the department as of January 1, 2010, the bill would require health insurers to submit to the department, on or before March 1, 2010, revised policy forms that provide coverage for maternity services and would require insurers to include that coverage in the corresponding policies that are issued, amended, or renewed following the department's approval of the revised forms, as specified.
Sponsored bills
(1) Existing law allows a state or local public agency to authorize a nonprofit organization to hold title to, and manage an interest in, real property that the state or local public agency requires a property owner to transfer to the agency to mitigate any adverse impact upon natural resources caused by permitting the development of a project or facility, provided the nonprofit organization meets certain requirements. This bill would authorize funds set aside for the long-term management of any lands or easements conveyed to a nonprofit organization pursuant to the above provisions to also be conveyed to the nonprofit organization, on and after July 1, 2010. The bill would also require the nonprofit organization to hold, manage, invest, and disburse the funds in furtherance of managing and stewarding the land or easement for which the funds were set aside. The bill would authorize the state or local agency to impose certain requirements on the nonprofit organization and impose on the state or local agency specified due diligence requirements. (2) Existing law also authorizes a state or local public agency that, in the development of its own project, is required to transfer an interest in real property to mitigate an adverse impact upon natural resources to transfer the interest to a nonprofit organization that meets the specified requirements. This bill would instead authorize a state or local public agency that, in the development of its own project, is required to protect an interest in real property to mitigate an adverse impact upon natural resources to transfer the interest to a nonprofit organization that meets the specified requirements or to provide funds to a nonprofit organization to acquire land or easements that satisfy the agency's mitigation obligations. The bill would prohibit retroactive application of its provisions to endowment funds held by the state in the Pooled Money Investment Account. (3) This bill would provide that these changes to existing law would remain in effect until January 1, 2014, after which the provisions of existing law would become operative.
The Sales and Use Tax Law imposes 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. Existing law requires retailers, as specified, to register with the State Board of Equalization, and requires that board to issue forms for the computation and payment of sales and use taxes collected or owed by those retailers. For taxable years beginning on or after January 1, 2003, and ending on or before December 31, 2009, existing law authorizes a person to make an irrevocable election to report qualified use tax, as defined, on that person's income tax form. Existing law requires the Franchise Tax Board to include space on income tax returns to allow a person to report and remit qualified use taxes to the Franchise Tax Board, and requires the Franchise Tax Board to remit the qualified use taxes collected to the State Board of Equalization. This bill would revise the provisions relating to use tax reporting on an income tax return to instead require every person subject to qualified use tax, as defined, to report and remit that tax on an acceptable tax return, as specified. This bill would require the Franchise Tax Board to revise the income tax form to enable a person to report and remit qualified use tax. This bill would also make conforming changes to related provisions.
Existing law, the Mello-Granlund Older Californians Act, creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging. This bill would require the department to report data from the Elder Economic Security Standard Index (Elder Index) , as defined, for each service area included in the state plan, if specified conditions are met. Existing law requires each area agency on aging to create a plan for its planning and service area that considers available data and population trends, assesses the need for services, identifies sources of funding for services, and develops and implements a plan for the delivery of services based on the need. This bill would also require that the plan utilize the Elder Index, specify the cost of meeting basic needs for elders in each planning and service area, and identify which elders are living at or below the Elder Index, as prescribed.
Existing law requires various state agencies to administer programs relating to water supply, water quality, and flood management in the Sacramento-San Joaquin Delta. This bill would prohibit the construction of a peripheral canal, as defined, that conveys water from a diversion point in the Sacramento River to a location south of the Sacramento-San Joaquin Delta, unless expressly authorized by the Legislature. The bill would require the Legislative Analyst's Office to complete an economic feasibility analysis prior to the enactment of a statute authorizing the construction of a peripheral canal. The bill would also require that the construction and operation of a peripheral canal not diminish or negatively affect the water supplies, water rights, or quality of water for water users within the Sacramento-San Joaquin Delta watershed.
Existing law requires that a conveyance, as specified, be erected, constructed, installed, altered, tested, maintained, serviced, and repaired by a person certified by the Division of Occupational Safety and Health as a certified competent conveyance mechanic. This bill would require that an elevator company disclose its status as a certified qualified conveyance company prior to bidding on a project or contracting for services. The bill would authorize the owner or operator of agricultural production, processing, and handling facilities, as defined, to designate a competent employee who is not required to be a certified competent conveyance mechanic to maintain and test, as specified, the manlifts used at the facilities.
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, the Uniform Federal Lien Registration Act, governs the filing of notices of liens, certificates, and other notices affecting federal tax liens or other federal liens. The act requires a filing officer to issue, upon request, a certificate showing whether there is on file any notice of a federal lien or certificate or notice affecting any federal lien filed pursuant to the act or as specified. If the filing officer is a county recorder, the fee set by the filing officer may not exceed $15 for a certificate for each name searched. This bill would delete the limitation on the fee that may be charged by a county recorder acting as a filing officer for purposes of the act. (2) Existing law authorizes the county recorder of each county to charge a fee of $4 for the first page and $3 for each additional page for recording and indexing every instrument, paper, or notice required or permitted to be recorded, as specified. This bill would increase the maximum fee for the first page to $10, and would make other conforming changes. (3) Under existing law, every defendant, when represented by appointed counsel, is required to be assessed a registration fee not to exceed $25, but the fee is not required of any defendant that is financially unable to pay it. Under existing law, these provisions are operative in a county only upon the adoption of a resolution by the board of supervisors electing to establish the registration fee. This bill would increase the maximum amount for that registration fee to $50. (4) Existing law limits the fees that a court, county, or city, as applicable, may charge for various costs related to the judgment and execution of criminal matters, including certain administrative costs, costs related to collecting restitution or to probation supervision, certain costs of conducting a criminal investigation, and costs related to providing specified court services, such as a petition for changing a plea or for an order sealing a record. Existing law also limits the fee that a local agency may charge for taking fingerprints for licensing, employment, or certification to an amount not to exceed $10. This bill would increase the maximum fee for administrative costs of collection from 10% to 15%, and for other fees would delete those limits on the maximum fees that may be charged for providing those services pursuant to those provisions, as specified. This bill would also establish a fee to process installment payments, which would not exceed the administrative and clerical costs, and shall not exceed $75, as provided. Additionally, the bill would increase the maximum fee for changing a plea or setting aside a verdict from $120 to $150. (5) Existing law authorizes a county to levy charges for the reasonable costs of support of a minor against the father, mother, spouse, or other person, while the minor is placed, or detained in, or committed to, any institution or other place, or pursuant to an order of the juvenile court. Existing law limits the costs of support to actual costs incurred by the county for food and food preparation, clothing, personal supplies, and medical expenses, not to exceed a maximum cost of $15 per day, except that the cost may be adjusted every 3rd year to reflect the percentage change in the calendar year annual average of the California Consumer Price Index, as specified. This bill would increase that amount to $30 per day. (6) Existing law authorizes the county board of supervisors or the court, as the case may be, to require reimbursement for the actual cost of services rendered for a petition to seal or expunge a criminal record of a minor, not to exceed $120. This bill would raise that limit to $150.
(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 requires the Department of Transportation, in cooperation with county and city governments, to establish minimum safety design criteria for the planning and construction of bikeways and roadways where bicycle travel is permitted. This bill would enact the California Bicycle Routes of National, State, or Regional Significance Act, which would authorize the department to establish a process for identifying and promoting bicycle routes of national, state, or regional significance, as specified. The bill would authorize the department to form an advisory committee to help implement the process for identifying and promoting these bicycle routes. The bill would authorize the department to establish a process for organizations, including, but not limited to, local bicycle organizations, private entities, or local or state governmental entities, to nominate a route for inclusion in the system of bicycle routes of national, state, or regional significance. The bill would authorize the department to install bicycle route signs identifying these bicycle routes, as specified. The bill would provide that applicants or nominating entities may pay the cost for bicycle route signs, as determined by the department.