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New California Purposed Laws
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CAMB Bill Summary
January 2008
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AB 69
(
Lieu) Mortgage lending: reporting. ( Amended
01/18/2008) |
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Position: W |
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Existing law provides for the regulation of state
commercial and industrial banks and credit unions by the
Commissioner of Financial Institutions. Existing law
requires those banks and credit unions to submit
specified reports to the commissioner. Existing law
provides for specified penalties for a violation
thereof. This bill would , until July 1, 2010, require
the entities described above, if servicing loans secured
by real property, to report to the commissioner monthly
with specified information related to different types of
loans servicedby those entities, including whether the
loans are past due, in foreclosure, or have been
modified. The bill would require the Department of
Financial Institutions to make information on these
reports available on its Internet Web site , as
specified. This bill contains other related provisions
and other existing laws. |
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Status: 02/07/2008-Referred
to Com. on B., F. & I. |
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Current Location: 02/07/2008-S
B., F. & I.
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AB 180
(
Bass) Mortgages: foreclosure consultants. (
Amended 01/24/2008) |
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Position: AW |
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Existing law defines a foreclosure consultant as a
person who offers, for compensation, to perform
specified services for a homeowner relating to a
foreclosure sale, except as specified. Existing law
authorizes a foreclosure consultant to assist the owner
of a residence in obtaining the remaining proceeds from
a foreclosure sale of that residence. This bill would
delete the provisions of law authorizing a foreclosure
consultant to provide the service described above. This
bill contains other related provisions and other
existing laws. |
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Status: 02/07/2008-Referred
to Com. on JUD. |
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Current Location: 02/07/2008-S
JUD. |
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AB 239
(
DeSaulnier) Recording fees: Contra Costa and San
Mateo Counties. ( Amended 04/30/2007) |
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Position: W |
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Existing law establishes the fees to be charged by the
county recorder for recording and indexing every
instrument, paper, or notice required or permitted by
law to be recorded. Existing law, including provisions
of the California Constitution, subject local
governmental agencies to various requirements when
imposing, increasing, or extending general or special
taxes, fees, and other local exactions. This bill would
authorize the Contra Costa County Board of Supervisors
or the San Mateo Board of Supervisors to additionally
charge a flat fee of not more than $25, as specified for
each document that is recorded, if the document is in
excess of one page, for every real estate instrument, as
defined, paper, or notice required or permitted by law
to be recorded in Contra Costa County or San Mateo
County. The bill would require the Contra Costa County
Board of Supervisors or the San Mateo County Board of
Supervisors, if it charges this fee, to establish a fund
for deposit of the moneys raised by the increase, which
shall be used to assist in the development of affordable
housing for extremely low income households, very low
income households, lower income households, and
moderate-income households. This bill contains other
related provisions. |
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Status: 06/27/2007-In
committee: Set, first hearing. Hearing canceled at the
request of author. |
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Current Location: 06/07/2007-S
L. GOV. |
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AB 250
(
DeVore) Nonprobate transfers: revocable transfer
upon death deeds. ( Amended 06/28/2007)
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Position: ? |
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Existing law provides that a person may pass real
property to a beneficiary at death by various methods
including by will, intestate succession, trust, and
titling the property in joint tenancy, among others.
This bill would create the revocable transfer on death
deed (revocable TOD deed), as defined, which would
transfer real property on the death of its owner without
a probate proceeding. The bill would require that a
person have testamentary capacity to make or revoke the
deed and would require that the deed be in a statutory
form provided for this purpose. The revocable TOD deed
must be signed, dated, and acknowledged, as specified,
and recorded to be effective. The bill would provide,
among other things, that the deed, during the owner's
life, does not affect his or her ownership rights and,
specifically, is part of the owner's estate for the
purpose of Medi-Cal eligibility and reimbursement. The
bill would void a revocable TOD deed if, at the time of
the owner's death, the property is titled in joint
tenancy or as community property with right of
survivorship. The bill would establish priorities for
creditor claims against the owner and the beneficiary of
the deed in connection with the property transferred and
limits on the liability of the beneficiary. The bill
would establish a process for contesting the transfer of
real property by a revocable TOD deed. The bill would
also make conforming and technical changes. The bill
would require the California Law Revision Commission to
study and make recommendations regarding the revocable
TOD deed to the Legislature by January 1, 2012. This
bill contains other related provisions and other
existing laws. |
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Status: 07/16/2007-In
committee: Set, first hearing. Hearing canceled at the
request of author.(Corrected July 13.) |
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Current Location: 07/10/2007-S
JUD. |
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AB 326
(
Benoit) State Compensation Insurance Fund. (
Amended 06/05/2007) |
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Position: W |
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Existing law provides for the existence of the State
Compensation Insurance Fund and provides that the board
of the fund is composed of 5 members, appointed by the
Governor, with terms as specified. This bill would state
findings and declarations regarding the governance of
the State Compensation Insurance Fund. This bill
contains other related provisions and other existing
laws. |
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Status: 06/21/2007-Referred
to Com. on B., F. & I. |
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Current Location: 06/21/2007-S
B., F. & I. |
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AB 372
(
Salas) Consumer credit reports: security freezes. (
Amended 01/23/2008) |
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Position: W |
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Existing state and federal law defines and regulates
consumer credit reports. Existing state law permits a
consumer to place a security freeze on his or her credit
report by making a request in writing by certified mail
to a consumer credit reporting agency. Existing law
requires an agency to place a security freeze on the
consumer's credit report within 5 business days after
receiving a request by the consumer. Existing law allows
an agency to charge a fee of no more than $10 to a
consumer for each freeze, removal of a freeze, or
temporary lift of a freeze, and no more than $12 for a
temporary lift of a freeze for a specific party, except
as specified. Existing law requires a consumer credit
reporting agency to provide a written summary of rights
to a consumer in specified circumstances. This bill
would instead require that a request be sent by mail
rather than by certified mail and would require a
consumer credit reporting agency to place a security
freeze within 3 business days after receiving a request
from a consumer. The bill would authorize an agency to
charge a fee of no more than $10 to a consumer under 65
years of age and $5 to a consumer 65 years of age or
older for placing , temporarily lifting, or permanently
removing a security freeze, except as specified. The
bill would make certain changes to the written summary
of rights described above . |
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Status: 02/07/2008-Referred
to Com. on JUD. |
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Current Location: 02/07/2008-S
JUD. |
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AB 512
(
Lieber) Contracts: translation. ( Amended
09/07/2007) |
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Position: O/UA |
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Existing law requires a person in a trade or business
who negotiates specified contracts or agreements
primarily in the languages of Spanish, Chinese, Tagalog,
Vietnamese, and Korean to deliver to the other party
prior to execution of the contract or agreement, a
translation of the contract or agreement in the
applicable foreign language, except as specified. Under
existing law, failure to comply with these provisions
entitles the aggrieved party to rescind the contract or
agreement. Under existing law, these provisions apply to
specified loans or extensions of credit subject to the
Industrial Loan Law and the California Finance Lenders
Law. This bill would provide that these provisions also
apply to specified loans or extensions of credit subject
to the California Residential Mortgage Lending Act. The
bill would also require supervised financial
organizations, as defined, that make loans secured by
real property to provide a summary translation of
specified contract terms, in a form created by the
Secretary of Business, Transportation and Housing , as
specified, to be drafted in each of the languages
described above. The bill would provide that its
provisions are severable. |
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Status: 09/10/2007-Re-referred
to Com. on RLS. pursuant to Senate Rule 29.10.
Re-referred to Com. on B., F. & I. pursuant to Senate
Rule 29.10. (Ayes 4. Noes 0.) |
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Current Location: 09/07/2007-S
B., F. & I. |
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AB 529
(
Torrico) Mortgages: adjustable interest rates:
notification. ( Amended 01/22/2008) |
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Position: W1 |
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Existing state and federal law regulate the provision of
loans that are secured by real property. Existing law
prohibits a lender from accelerating the maturity date
of the principal and interest on loans secured by a
mortgage or deed of trust on residential real property
solely by reason of specified transfers of the title.
This bill would require a lender who provides a loan
secured by property improved by 4 or fewer residential
units, and the interest rate on the loan is initially
fixed and then becomes adjustable, to notify the
borrower of specified items of information 120 days, 60
days, and 30 days prior to an interest rate adjustment ,
as specified . The bill would provide that the
notification requirements are satisfied if the lender
either personally delivers the notice or mails it, as
specified . |
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Status: 02/07/2008-Referred
to Coms. on B., F. & I. and JUD. |
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Current Location: 02/07/2008-S
B., F. & I. |
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AB 588
(
De Leon) Credit history: public utilities. (
Amended 07/05/2007) |
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Position: ? |
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(1)
Existing state and federal law define and regulate
credit reporting agencies, as defined. Existing law
prohibits certain items of information from appearing in
credit reports, including adverse information that
antedates the report by more than 7 years. This bill
would authorize each interval-billing public utility, as
defined, and interval-billing publicly owned utility, as
defined, upon receipt of the express written consent of
a subscriber, to make the subscriber's utility service
payment history available to a financial institution, as
defined, specified by the subscriber. The bill would
authorize an interval-billing public utility and
interval-billing publicly owned utility to elect to
provide subscriber utility service payment history to a
consumer credit reporting agency, as defined, upon
meeting certain notice and other requirements , and to
recover reasonable related costs, as determined by the
commission . The bill would make the governing board of
the publicly owned utility responsible for implementing
the bill's requirements. By placing additional
requirements upon publicly owned utilities, the bill
would impose a state-mandated local program. This bill
contains other related provisions and other existing
laws. |
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Status: 07/09/2007-In
committee: Set, first hearing. Hearing canceled at the
request of author. |
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Current Location: 07/05/2007-S
JUD. |
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AB 1188
(
Coto) Escrow: disbursements. ( Amended
04/24/2007) |
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Position: ? |
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Existing law provides that a borrower under a note
secured by a mortgage or deed of trust on one to four
residential units shall not be required to pay interest
for more than one day prior to the date that the loan
proceeds are disbursed out of escrow or disbursed to the
borrower or to another party on behalf of the borrower.
This bill would make a technical, nonsubstantive change
to that provision. This bill contains other related
provisions and other existing laws. |
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Status: 06/07/2007-Referred
to Coms. on B., F. & I. and JUD. |
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Current Location: 06/07/2007-S
B., F. & I. |
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AB 1301
(
Gaines) Financial institutions. ( Amended
01/08/2008) |
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Position: ? |
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Existing law, the Banking Law, provides for the
licensure and regulation by the Commissioner of
Financial Institutions of various financial
institutions, including banks, commercial banks, and
trust companies. This bill would revise and recast
various provisions applicable to these financial
institutions, including, among others, provisions
relating to the location of bank offices and to the
powers, prohibited practices, and penalties applicable
to banks. The bill would authorize the commissioner to
adopt and implement methods of accepting electronic
filings of applications, reports, and other matters. The
bill would authorize a bank, with the approval of the
commissioner, to be formed to facilitate a merger or an
acquisition of control, as specified. The bill would
establish loan and investment limitations for a bank to
hold obligations made by a person and securities issued
by that same person. The bill would require the
applicable minimum of specified eligible assets of a
foreign (other nation) bank to be no less than 1% of the
adjusted liabilities of the bank, instead of 5%. The
bill would make it a crime for a subject person of a
bank, as defined, as a former subject person of a bank
to engage in specified acts with a licensee , as
defined, if that person was issued an order of
suspension or removed, and thereby would impose a
state-mandated local program. The bill would require the
commissioner to examine California state banks and
foreign banks no less than once every 12 months, except
that specified California state banks and foreign banks
would be required to be examined pursuant to federal
standards. The bill would make various conforming and
related changes. This bill contains other related
provisions and other existing laws. |
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Status: 02/07/2008-Referred
to Com. on B., F. & I. |
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Current Location: 02/07/2008-S
B., F. & I. |
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AB 1356
(
Houston) Real property: equity purchasers. (
Amended 01/22/2008) |
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Position: ? |
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Under existing law, an equity purchaser is liable for
all damages resulting from any statement made , or act
committed by , the representative of the equity
purchaser, as defined, in any manner connected with the
equity purchaser's acquisition of a residence in
foreclosure, receipt of any consideration or property
from or on behalf of the equity seller, or the
performance of certain prohibited acts. Existing law
requires the representative of the equity purchaser to
provide a statement in writing to all parties to the
contract, under penalty of perjury, and written proof of
licensure and bonding to the equity seller, as
specified. This bill would instead require the
representative of an equity purchaser to provide to the
parties to a contract written proof of licensure, as
specified. The bill would also require the
representative to provide a statement under penalty of
perjury and written proof to the parties to the contract
that he or she has either (1) satisfied a certain
minimum professional liability coverage requirement and
has an unrestricted real estate license in good
standing, as described by the regulations of the Real
Estate Commissioner, that is not restricted pursuant to
the Real Estate Recovery Program, as specified , or (2)
met a certain minimum bonding requirement . This bill
contains other related provisions and other existing
laws. |
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Status: 02/07/2008-Referred
to Coms. on JUD. and PUB. S. |
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Current Location: 02/07/2008-S
JUD. |
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AB 1418
(
Arambula) Credit Union Membership Investment Model. (
Amended 01/07/2008) |
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Position: ? |
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Existing law establishes a Credit Union Advisory
Committee in the Department of Financial Institutions to
advise the Commissioner of Financial Institutions and
the Deputy Commissioner of Financial Institutions for
the Division of Credit Unions on matters relating to
credit unions. This bill would require the Credit Union
Advisory Committee, by November 1, 2009, to develop, in
consultation with the commissioner, a Credit Union
Membership Investment Model that would serve as a
framework for the Department of Financial Institutions
to identify credit union best practices relating to
community development, small business and
microenterprise financing, and investments of credit
union capital. The bill would require the best practices
to meet specified objectives for credit unions. The bill
would require the Credit Union Membership Investment
Model to be posted on the department's Internet Web site
and updated as appropriate . The bill would require the
commissioner to report annually on the progress in
implementing the model and highlight new best practices
identified and shared during the year. |
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Status: 02/07/2008-Referred
to Com. on B., F. & I. |
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Current Location: 02/07/2008-S
B., F. & I. |
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AB 1502
(
Lieu) Banking development districts. ( Amended
06/25/2007) |
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Position: ? |
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Existing law provides for various programs and
activities in the development of economic opportunities
for businesses in the state. The California Small
Business Financial Development Corporation Law
establishes small business financial development
corporations and provides for their regulation by the
Business, Transportation and Housing Agency. Existing
law, the Banking Law, provides for the regulation of
banks by the Department of Financial Institutions. This
bill would create a Banking Development District
Program, within the Treasurer's office, which would
encourage the establishment of banking branches in
specially designated geographic locations where there is
a demonstrated need for banking services. The bill would
require the Treasurer and the Department of Financial
Institutions to adopt rules and regulations for the
establishment and maintenance of banking development
districts and to evaluate and approve applications for
designation of banking development districts. The bill
would require the Treasurer and the department to
develop and provide certain incentives to banks located
in a banking development district. The bill would also
require the Treasurer and the department to collaborate
to create a performance review process for the program,
as specified. |
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Status: 07/05/2007-In
committee: Set, second hearing. Hearing canceled at the
request of author. |
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Current Location: 07/02/2007-S
B., F. & I. |
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AB 1534
(
Nunez) Deferred deposit transactions. ( Amended
07/05/2007) |
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Position: ? |
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Existing law, the California Deferred Deposit
Transaction Law, prohibits a person from offering,
originating, or making a deferred deposit transaction
without first obtaining a license from the Commissioner
of Corporations. Existing law requires the commissioner
to, by December 1, 2007, report to the Governor and the
Legislature on its implementation of the California
Deferred Deposit Transaction Law. This bill would
require the commissioner, on or before March 1, 2008, to
submit a report to the Governor and the Legislature
that, among other things, summarizes the results of a
study on, and includes various information related to,
payday loans. |
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Status: 09/11/2007-To
inactive file on motion of Senator Perata. |
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Current Location: 09/11/2007-S
INACTIVE FILE |
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AB 1561
(
Calderon, Charles) Taxation: federal conformity. (
Amended 06/14/2007) |
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Position: ? |
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Under the Personal Income Tax Law and the Corporation
Tax Law, various provisions of the federal Internal
Revenue Code, as enacted as of a specified date, are
referenced in various sections of the Revenue and
Taxation Code. Those laws provide that for taxable years
beginning on or after January 1, 2005, the specified
date of those referenced Internal Revenue Code sections
is January 1, 2005, unless otherwise specifically
provided. Existing law requires, for any introduced bill
that proposes changes in any of those dates, that the
Franchise Tax Board prepare a complete analysis of the
bill that describes all changes to state law that will
automatically occur by reference to federal law as of
the changed date. It further requires the Franchise Tax
Board to immediately update and supplement that analysis
upon any amendment to the bill, and requires that
analysis be made available to the public and be
submitted to the Legislature for publication in the
daily journal of each house of the Legislature. This
bill would change the specified date of those referenced
Internal Revenue Code sections to January 1, 2007, for
taxable years beginning on or after January 1, 2007, and
thereby would make numerous substantive changes to both
the Personal Income Tax Law and the Corporation Tax Law
with respect to those areas of preexisting conformity
that are subject to changes under federal laws enacted
after January 1, 2005, and that have not been, or are
not being, excepted or modified. This bill would make
certain other changes in federal income tax laws
applicable, with specified exceptions and modifications,
and make specified supplemental, technical, or
clarifying changes for purposes of the Personal Income
Tax Law or the Corporation Tax Law, or both, with
respect to, among other things, the tax treatment of
certain disaster mitigation payments, depreciation of
electric transmission property and natural gas gathering
lines, amortization of certain atmospheric pollution
control facilities and geological and geophysical
expenditures, nuclear decommissioning cost provisions, a
small refiner exception to oil depletion deduction,
recapture rules for amortizable Section 197 intangibles,
amortization of expenses incurred in creating or
acquiring music or music copyrights, treatment of
certain self-created musical works and qualified
retirement income, funding for self-employed defined
benefit pension plans and for multiemployer defined
benefit pension plans, withdrawals from retirement plans
for individuals called to active duty, waiver of an
early withdrawal penalty tax on certain distributions of
pension plans for public safety employees, allowance of
additional IRA payments in certain bankruptcy cases,
inflation indexing of gross income limitations on
certain retirement savings incentives, treatment of
death benefits from corporate-owned life insurance,
exemption of income from leveraged real estate held by
church plans, gratuitous transfer for benefits of
employees, deductions for charitable contributions and
tax treatment of certain payments to controlling
tax-exempt organizations, contributions of specified
real property made for conservation purposes, frivolous
tax submissions, exclusion of gain from sale of
principal residence by certain employees of the
intelligence community, sale of property by judicial
officers, excise tax on UBTI of charitable remainder
trusts, certain listed and reportable transactions
provisions, the taxation of certain settlement funds,
the active business requirement, loans to qualified
continuing care facilities, exception from suspension
rules, and specified federal acts. This bill would also
increase the age of minor children whose unearned income
is taxed as if a parent's income and would revise, in
modified conformity with the federal income tax laws,
various provisions applicable to tax-exempt
organizations. This bill contains other related
provisions. |
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Status: 08/30/2007-In
committee: Placed on Appropriations suspense file. |
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Current Location: 08/30/2007-S
APPR. SUSPENSE FILE |
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AB 1565
(
Lieber) Insurance policies: nonprofit
organizations. ( Amended 01/10/2008) |
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Position: AW |
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Under existing law, an insurer that issues policies to
certain nonprofit organizations is prohibited from
canceling or refusing to renew the policy, or from
imposing an excessive or discriminatory premium solely
on the basis that one or more claims has been made
against the policy for a loss that is the result of a
hate crime or antireproductive-rights crime, as defined.
This bill would add a crime against a place of religious
observance or practice, as defined, to those crimes. It
would also redefine the term "hate crime" for these
purposes. |
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Status: 02/07/2008-Referred
to Com. on B., F. & I. |
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Current Location: 02/07/2008-S
B., F. & I. |
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AB 1574
(
Houston) Real property: transfer fees. (
Amended 07/05/2007) |
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Position: S |
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Existing law permits various fees to be included in the
price of a residential real estate transfer. Existing
law requires the disclosure of specified attributes of
residential real property prior to the transfer of
title, including disclosure of a continuing lien levy of
special taxes, as specified. This bill would regulate
the imposition of transfer fees, to be defined as a fee
payment requirement imposed in any covenant,
restriction, or condition contained in any deed,
contract, security instrument, or other document
affecting the transfer or sale of real property that
requires a fee be paid upon transfer of the real
property, with specified exceptions. The bill would
provide that a transfer fee imposed upon residential
real property not otherwise excepted may only be
received and used by a public entity or a nonprofit
organization to fund a project or facility or to provide
a service that provides a public benefit, as specified.
The bill would require the facility to be located in, or
the service provided in, the same region where the real
property is located, as defined. The bill would permit a
transfer fee to be imposed only for a period of time no
greater than 99 years from the time it is first recorded
or until an amount of funding specified in the transfer
fee covenant, if any, is collected , and would prohibit
the total of transfer fees imposed from exceeding 2% of
the sale price of the property . The bill would require
a person imposing a transfer fee to make a specified
recording in connection with the property, and requires
an entity receiving funds from the fee to make a
recording when the aggregate amount of funding has been
satisfied. The bill would require a transferor of
residential real property subject to transfer fees to
make a specified disclosure regarding those fees. This
bill contains other related provisions and other
existing laws. |
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Status: 07/10/2007-In
committee: Set, first hearing. Hearing canceled at the
request of author. |
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Current Location: 07/10/2007-S
JUD. |
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AB 1699
(
Duvall) Insurance: surplus line brokers' fees. (
Amended 01/24/2008) |
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Position: W |
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Existing law provides that the filing fee for a license
to act as a surplus line broker is $700 every 2 years,
or for any initial fractional license year. This bill
would provide that the filing fee for a license to act
as a surplus line broker is $1,000 every 2 years, or for
any initial fractional license year. This bill contains
other related provisions. |
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Status: 02/07/2008-Referred
to Com. on B., F. & I. |
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Current Location: 02/07/2008-S
B., F. & I. |
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AB 1830
(
Lieu) High-cost, subprime, and nontraditional
loans. ( Introduced 01/23/2008) |
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Position: AO |
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Existing law imposes certain limitations and
prohibitions on licensed persons, including real estate
brokers, finance lenders, residential mortgage lenders,
and financial institutions, with respect to consumer
loans and covered loans. Existing law defines a
"consumer loan" as a consumer credit transaction secured
by residential real property, subject to certain
exceptions, and defines a "covered loan" as a consumer
loan that meets certain other requirements. Existing law
prohibits a covered loan from including a prepayment
penalty after the first 36 months from the date of
consumation of the loan but authorizes a covered loan to
include a prepayment penalty before that time period if
specified conditions are satisfied. Existing law
prohibits a covered loan from being made unless a
specified disclosure is provided to the consumer no
later than 3 business days prior to signing of the loan
documents. Violations of these limitations and
prohibitions by licensed persons are deemed to be
violations of the person's licensing law and may be
punishable by, among other things, disciplinary action,
civil liability, and the imposition of administrative
penalties and civil penalties up to $25,000, as
specified. This bill would redefine a "covered loan" as
a "high-cost loan," would establish "subprime loans" and
"nontraditional loans," as defined, as new categories of
regulated loans, and would make various conforming
changes to existing law relative to these loans. The
bill would prohibit a high-cost loan from including
prepayment penalties and from including at origination a
payment schedule with regular periodic payments that,
when aggregated, do not fully amortize the principal
balance as of the maturity date of the loan. The bill
would prohibit a person from making a high-cost loan
unless at the time the loan is consumated the person
believes the consumer will be able to make the scheduled
payments, including taxes and insurance and would
prohibit a high-cost loan from being originated as a
stated income loan, except as specified. The bill would
prohibit a person who originates a high-cost loan from
receiving a yield spread premium or other incentive
compensation and would prohibit a person from
originating a high-cost loan unless an escrow or impound
account is established for a specified period of time.
The bill would delete the provisions requiring a
disclosure to be provided to a consumer prior to making
a covered loan and would instead prohibit a high-cost
loan from being made unless a consumer receives a
certificate of certain counseling. The bill would
establish similar limitations and prohibitions for
subprime and nontraditional loans but would require a
specified disclosure to be provided to a consumer before
those loans could be made. The bill would authorize a
licensing agency to levy administrative penalties in an
amount up to $10,000 against a person who violates the
provisions regulating high-cost, subprime, and
nontraditional loans and would make a person who makes a
willful and knowing violation of those provisions of law
liable to the consumer in the amount of $25,000 or the
consumers actual damages, whichever is greater. The bill
would authorize private causes of action by a consumer
against a licensed person to recover damages for a
violation of the provisions regulating high-cost,
subprime, or nontraditional loans. The bill would
provide that it is a defense against foreclosure on a
property secured by a high-cost, subprime, or
nontraditional loan if the loan is in violation of the
laws regulating those loans. The bill's provisions would
apply to high-cost, subprime, and nontraditional loans
originated on or after January 1, 2009. |
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Status: 02/07/2008-Referred
to Coms. on B. & F. and JUD. |
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Current Location: 02/07/2008-A
B. & F. |
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AB 1837
(
Garcia) Consumer loans: subprime and nontraditional
loans. ( Introduced 01/24/2008) |
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Position: ? |
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Existing law imposes certain limitations and
prohibitions on licensed persons, including real estate
brokers, finance lenders, residential mortgage lenders,
and financial institutions, with respect to consumer
loans and covered loans. Existing law defines a
"consumer loan" as a consumer credit transaction secured
by residential real property, subject to certain
exceptions, and defines a "covered loan" as a consumer
loan that meets certain other requirements. Existing law
prohibits a covered loan from including a prepayment
penalty after the first 36 months from the date of
consumation of the loan but authorizes a covered loan to
include a prepayment penalty before that time period if
specified conditions are satisfied. Violations of these
limitations and prohibitions by licensed persons are
deemed to be violations of the person's licensing law
and may be punishable by, among other things,
disciplinary action, civil liability, and the imposition
of administrative penalties and civil penalties up to
$25,000, as specified. This bill would prohibit a
covered loan from including a prepayment penalty after
the first 24 months from the date of consumation of the
loan and would authorize a covered loan to include a
prepayment penalty before that time period if specified
conditions are satisfied. The bill would define the
terms "subprime loan" and "nontraditional loan" and
would prohibit these loans from including prepayment
fees or penalties. The bill would also prohibit a
licensed person from receiving any compensation for
originating a subprime loan or nontraditional loan with
an interest rate above the wholesale par rate for which
the consumer qualifies. The bill's provisions would
apply to consumer loans originated on or after January
1, 2009. |
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Status: 02/07/2008-Referred
to Com. on B. & F. |
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Current Location: 02/07/2008-A
B. & F. |
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AB 1867
(
Keene) Real estate appraisers. ( Introduced
01/31/2008) |
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Position: ? |
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Existing law, the federal Financial Institutions Reform,
Recovery and Enforcement Act of 1989, prohibits the
criteria established by the federal financial
institutions regulatory agencies, among other
organizations, from excluding a certified or licensed
appraiser for consideration for an assignment solely by
virtue of membership or lack of membership in any
appraisal organization. This bill would provide that
when a public agency, including, but not limited to, a
city or county, decides that a contract with a
designated member of an appraisal organization is
necessary to provide an appraisal, as defined, of real
property, any designated member of any appraisal
organization that is a member of the Appraisal
Foundation shall be allowed to submit a proposal if
specified criteria are met. The bill would authorize
that member to bring a civil action for equitable relief
against a public agency that violates this provision, as
specified, and would prohibit the office from
participating in that action. The bill would prohibit a
public agency from requiring the member to waive certain
rights, including the right to bring that action, as a
condition of submitting a proposal or doing business
with the agency. The bill would require that a waiver by
a member of the right to file and pursue a civil action
be knowing, voluntary, and not made a condition of
submitting a proposal or doing business with a public
agency, and would, among other things, provide that the
public agency has the burden of proving that the waiver
meets those conditions. The bill would also prohibit
construing the Real Estate Appraisers' Licensing and
Certification Law to require or authorize the office or
the director to enforce these provisions. This bill
contains other related provisions and other existing
laws. |
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Status: 02/01/2008-From
printer. May be heard in committee March 2. |
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Current Location: 01/31/2008-A
PRINT |
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AJR 45
(
Coto) Mortgage loans: conforming loan limit. (
Introduced 01/31/2008) |
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Position: ? |
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This
measure would respectfully urge the President and
Congress of the United States to raise the federal
conforming loan limit to $625,000, as specified.
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Status: 02/01/2008-From
printer. |
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Current Location: 01/31/2008-A
PRINT |
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SB 328
(
Corbett) Personal information: prohibited
practices. ( Amended 04/09/2007) |
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Position: W |
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Existing law requires a business to ensure the privacy
of a customer's personal information, as defined,
contained i | |