Existing law requires that, upon a breach of the obligation of a mortgage or transfer of an interest in property, the trustee, mortgagee, or beneficiary record a notice of default in the office of the county recorder where the mortgaged or trust property is situated and mail the notice of default to the mortgagor or trustor, among other acts required prior to exercising a power of sale in a nonjudicial foreclosure proceeding. This bill would establish, contingent upon receipt of federal funding for all costs, and only until January 1, 2014, the Facilitated Mortgage Workout (FMW) Program. The program would be a process whereby borrowers and lenders would engage in conciliation sessions for purposes of developing a loan modification plan. These provisions would apply, except as specified, if the loan originated prior to January 1, 2009, the loan is the 1st mortgage or deed of trust secured by the property, the property is occupied by the borrower as the borrower's principal residence, and the unpaid principal balance is not more than $729,750. The program would require that specified information regarding the FMW Program be included with the notice of default sent to a borrower, as defined, on a loan secured by residential real property of one- to 4-family dwelling units that is the primary residence of the borrower, as specified. The bill would require that this additional notice be recorded in the office of the county recorder. By expanding the duties of county recorders, the bill would impose a state-mandated local program. The bill would provide for an administrator of the program who would be appointed by the Governor and confirmed by the Senate. The program would require a borrower who elects to participate in the program to complete a specified form and return the form to the administrator of the program not later than 30 calendar days after receiving the notice of default. The program would require the borrower to submit other information to the administrator within 15 days of requesting to participate in the program, including tax returns, income verification, a specified deposit of funds, and a letter describing the borrower's financial hardship, as specified. The program would require a borrower who elects to participate in the program to deposit with the administrator 50% of the current mortgage payment each month during participation in the FMW Program. The bill would also prohibit a mortgagee, trustee, beneficiary, or authorized agent from reporting negative credit information to a credit reporting agency about a borrower who has completed the FMW Program and accepted a mortgage loan modification. The bill would impose various administrative fees, and a specified minimum deposit, payable by the mortgagee, trustee, beneficiary, or authorized agent, or by the borrower, as specified, who participates in the FMW Program. The bill would also provide that the timelines set forth in the provision governing the exercise of the power of sale, as specified, would be suspended until the completion of the program, as specified. The bill would require the administrator of the program, among other duties, to implement rules and standards for selecting qualified neutral conciliation officers and to develop standards for forms and reports required to implement the program. The bill would also require the administrator, upon receipt of a borrower's form whereby he or she elects to participate in the program, to nominate an individual to serve as a neutral conciliation officer from a list of qualified neutral conciliation officers in the county in which the property is located. The bill would establish the compensation for a neutral conciliation officer who provides his or her services to the program and require a neutral conciliation officer to use reasonable efforts to ensure that each FMW Program is completed within 60 calendar days of the neutral conciliation officer's nomination. The bill would require the neutral conciliation officer to prepare a final report, as specified. The bill would also require, only until January 1, 2015, the administrator to report quarterly to the Legislature regarding the FMW Program, as specified. The bill would also require each mortgagee, trustee, beneficiary, or authorized agent participating in the program to post specified data about its loans on its Internet Web site. These provisions would become operative only upon the issuance of a notice from the administrator to the Governor and specified other legislative leaders, and the posting of the notice on an Internet Web site, declaring that the administrator has the capacity to make the program available to any borrower in every county who desires to participate. The bill would also make related and technical changes. 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.
Sponsored bills
Existing law establishes the California Senior Legislature to provide model legislation for older citizens and advocate for the needs of seniors. This law establishes in the State Treasury the California Fund for Senior Citizens to receive contributions from tax return designations to support the sessions of the California Senior Legislature. Existing law authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would establish the California Youth Legislature, composed of students ages 14 to 18 years, inclusive, and, subject to specified considerations, to provide model legislation and advocate for the needs of youth. The California Youth Legislature would be charged with examining and discussing policy and fiscal issues affecting the interests, needs, and conditions of the youth of California and with formally advising and making recommendations to the Legislature and the Governor on specific issues affecting youth. The bill would create the California Youth Legislature Advisory Committee, the members of which would serve without salary, and which would be chaired by the chair of the Joint Committee on Rules and composed of appointed representatives of organizations with expertise on issues facing youths, which, among other duties, would appoint members of the youth legislature. The bill would require the advisory committee to enter into an interagency agreement with the Joint Committee on Rules to carry out necessary administrative functions. The advisory committee also would be charged with determining when there are sufficient funds to support the program and if it determines that there are insufficient funds to cover all costs, the activities of the California Youth Legislature would cease. The bill would provide that funds for the California Youth Legislature would be allocated from the California Youth Leadership Fund to be created by AB 2017 of the 2009–10 Regular Session, upon appropriation by the Legislature. That fund would be supported by taxpayer designations by individuals of specified amounts in excess of their tax liability. The bill also would authorize the California Youth Legislature to accept gifts and grants from any source to help perform its functions. The bill would provide that it would become operative only if it and AB 2017 are both enacted and become effective on or before January 1, 2011.
This measure would memorialize the Congress and the President of the United States to uphold protections of women's equality and to encourage all Americans to participate in the celebration of Women's Equality Day on August 26, 2010, the 90th anniversary of the passage of the Nineteenth Amendment to the United States Constitution, which gave women the right to vote.
Existing law authorizes the Director of the Employment Development Department to adopt regulations for the administration of unemployment insurance benefit claims. Existing law requires an administrative agency to meet procedural requirements, as specified, before an agency adopts, amends, or repeals an administrative regulation. This bill would authorize the Employment Development Department to temporarily suspend unemployment insurance regulations that slow the disbursement of unemployment insurance benefits. This bill would also require the department and the Bureau of State Audits to publish a study of unemployment insurance regulations that includes a list of regulations to be suspended and to present the findings of the study and the list of regulations to the relevant legislative committees. This bill would also authorize the Legislature to extend, by statute, the suspension of any or all of the suspended regulations.
Existing law, the California High-Speed Train Act, creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law, the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. This bill, subject to appropriation by the Legislature, would require the authority to expend federal funds made available by the federal American Recovery and Reinvestment Act of 2009 (ARRA) for specified high-speed rail purposes. The bill would require the authority to take various actions in that regard. The bill would also require the authority to submit to the Legislature and the Legislative Analyst an expenditure plan for the federal funds within 60 days of finalization of a cooperative agreement with the federal government. The bill would make legislative findings and declarations relative to federal funds to be made available to the state by ARRA for high-speed rail purposes. The bill would exempt the Transbay Transit Center project in San Francisco from these provisions. This bill would provide that it shall become operative only if A.B. 289 is also enacted.
Under existing law, several agencies have prescribed responsibilities relating to homeless persons. This bill would create the California Interagency Council on Homelessness, composed of specified members and performing duties, including preparation of a homelessness state plan, updated every 2 years. It would permit the council to apply for federal funding for its activities.
(1) Existing law generally regulates pesticide use and requires the Department of Pesticide Regulation to promote and facilitate the voluntary adoption of integrated pest management by school districts. Existing law requires every person who sells a pesticide product for use in this state that has been registered by the Director of Pesticide Regulation to pay an assessment at a specified rate. This bill, commencing January 1, 2014, would require all schoolsites, as defined, to adopt an integrated pest management program as established, administered, and enforced by the department. This bill would also require, beginning January 1, 2012, that the rate of the assessment on registered pesticide products be augmented to reimburse the department, local agencies, and school districts for the cost of adopting integrated pest management programs at schoolsites. Because the bill would impose new duties on school districts, it would impose a state-mandated local program. (2) 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.
Existing law requires every contract entered into by a state agency for the procurement of equipment, materials, supplies, apparel, garments, and accessories and the laundering thereof, excluding public works contracts, to require a contractor to certify that no equipment, materials, supplies, apparel, garments, or accessories provided under the contract are produced by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor, or exploitation of children in sweatshop labor. If a contractor knew or should have known the specified products furnished to the state were laundered or produced by the specified types of prohibited labor, the contractor may be removed from the bidder's list for 360 days. Existing law provides for misdemeanor liability in the case of a knowing false certification. Existing law requires the Department of Industrial Relations to establish a contractor responsibility program, on or before February 1, 2004, including a Sweat Free Code of Conduct. Existing law also requires the appropriate procurement agency, in consultation with the Director of Industrial Relations, to employ an approach to implement the Sweat Free Code of Conduct, as specified. Existing law requires the Department of Industrial Relations to explore mechanisms to ensure that businesses that contract with state agencies are in compliance with those provisions. This bill would rename the code of conduct as the Slave and Sweat Free Code of Conduct and would require every contract entered into by a state agency for the procurement of equipment, materials, supplies, apparel, garments, and accessories and the laundering thereof, excluding public works contracts, to require a contractor to certify that no equipment, materials, supplies, apparel, garments, or accessories provided under the contract are produced by abusive forms of labor performed by all persons, not only abusive forms of child labor, as prescribed. The bill would additionally extend the period that the contractor is removed from the bidder's list to 2 years, if the contractor knew or should have known the specified products were laundered or produced by the specified prohibited labor. This bill would require the Department of Industrial Relations to establish a contractor responsibility program on or before January 1, 2012, and would require specified actions by the Department of Industrial Relations and the Department of General Services with regard to the code of conduct. This bill would additionally require contractors whose manufacturing and assembly locations are outside the United States to comply with international laws or treaties binding on their countries and would require a subcontractor to sign a certification regarding the code of conduct under the penalty of perjury. By changing the definition of existing crimes, 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 law provides for the registration, certification, and licensure of various healing arts professionals, including, but not limited to, setting forth the scope of practice, establishing the regulatory boards, department, or bureaus, and setting forth the powers and duties of these entities. This bill would establish similar registration, certification, and licensure provisions relating to alcohol and other drug counselors to be administered by the State Department of Alcohol and Drug Programs, and would authorize the department to commence issuing these licenses, registrations, and certificates on January 1, 2013, and would make conforming changes related to child, elder, and dependent adult abuse reporting provisions. The bill would make a violation of these provisions a misdemeanor, and would specify various unlawful acts related to its provisions. The bill would authorize the department to assess related fees, and would require deposit of the fees into the Alcohol and Other Drug Counselor License Fund, which the bill would establish for expenditure for the purposes of this bill, upon appropriation by the Legislature. By establishing a new 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.
(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. This bill would establish the California Higher Education Endowment Corporation (CHEEC) in state government. The bill would establish an oversight board to govern the CHEEC and would require that board to appoint the chief executive officer of the CHEEC. The bill would require the CHEEC to annually allocate the moneys in the continuously appropriated California Higher Education Fund, which would be created by the bill, to the California Community Colleges, the California State University, and the University of California, as specified. The bill also would authorize the board to invest the moneys in the fund in accordance with prescribed procedures. (2) Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil and gas severance tax upon any producer, except as provided, for the privilege of severing oil or gas from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at a rate of 12.5% of the gross value of the product. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all taxes, penalties, and interest collected pursuant to these provisions in the California Higher Education Fund, as provided. Because this bill would expand application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.