AB 442 - VETOED, Notaries public

[Maggie]

BILL NUMBER: AB 442 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Arambula

FEBRUARY 24, 2009

An act to amend Section 1185 of the Civil Code, relating to
notaries public.

LEGISLATIVE COUNSEL'S DIGEST

AB 442, as introduced, Arambula. Notaries public.

Existing law prohibits an officer from taking acknowledgment of an
instrument regarding the transfer of title to property unless the
officer has satisfactory evidence that the person making the
acknowledgment is the individual who is described in and who executed
the instrument.

Existing law provides that satisfactory evidence for purposes of
that provision may include reasonable reliance on the presentation of
any one of certain documents, including a driver's license,
passport, or identification card, as specified.

This bill would add a Matricula Consular, a form of identification
card issued by the Mexican government, to that list of documents.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 03/09/2009
LAST HIST. ACTION : Referred to Com. on JUD.
COMM. LOCATION : ASM JUDICIARY

[Maggie]

LAST HIST. ACT. DATE: 03/09/2009
LAST HIST. ACTION : Referred to Com. on JUD.
COMM. LOCATION : ASM JUDICIARY
HEARING DATE : 03/31/2009

[Maggie]

BILL NUMBER: AB 442 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 25, 2009

INTRODUCED BY Assembly Member Arambula

FEBRUARY 24, 2009

An act to amend Section 1185 of the Civil Code, relating to
notaries public.

LEGISLATIVE COUNSEL'S DIGEST

AB 442, as amended, Arambula. Notaries public.

Existing law prohibits an officer from taking acknowledgment of an
instrument regarding the transfer of title to property unless the
officer has satisfactory evidence that the person making the
acknowledgment is the individual who is described in and who executed
the instrument.

Existing law provides that satisfactory evidence for purposes of
that provision may include reasonable reliance on the presentation of
any one of certain documents, including a driver's license,
passport, or identification card, as specified.

This bill would add a Matricula Consular, a form of identification
card issued by the Mexican government through its consular
offices , to that list of documents.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 03/25/2009
LAST HIST. ACTION : From committee chair, with author's amendments: Amend,
and re-refer to Com. on JUD. Read second time and
amended.
COMM. LOCATION : ASM JUDICIARY
COMM. ACTION DATE : 03/25/2009
COMM. ACTION : Author's amendments.
HEARING DATE : 03/31/2009

[Maggie]

SUMMARY : Requires health plans and health insurers (health
plans) to provide notice to qualified beneficiaries eligible for
premium assistance for Cal-COBRA coverage pursuant to the
federal American Recovery and Reinvestment Act of 2009 (ARRA) of
the availability of that assistance. Authorizes individuals who
were involuntarily terminated dating back to September 1, 2008
and are therefore eligible for premium assistance under ARRA, an
additional opportunity to enroll in Cal-COBRA coverage.
Specifically, this bill :

1)Requires health plans, or employers or administrators that
contract to perform the notice and administrative functions,
to provide notice to every qualified beneficiary (QB) eligible
for premium assistance of the QB's ability to elect Cal-COBRA
continuation coverage and receive premium assistance no later
than 60 days after receipt of that notice. (A QB is a person
enrolled in a health plan who has had a qualifying event [such
as the loss of a job] that would cause them to lose coverage
under their small employer group health plan and would be
eligible for continuation coverage under Cal-COBRA.)

2)Requires the notice in #1 above to be provided within 14 days
of the effective date of this bill, and to inform the QB
regarding: a) the availability of premium assistance in the
amount of 65% of the Cal-COBRA premium; and, B) the duration
of the premium assistance under ARRA.

3)Requires the notice to use language that adequately informs a
reasonable person that changes in federal law permit employees
involuntarily terminated between September 1, 2008, and
December 31, 2009 to qualify for a 65% subsidy of Cal-COBRA
premiums for up to nine months, and that any eligible employee
who had previously rejected Cal-COBRA has the right under
California law to withdraw that rejection and accept the
coverage with the new subsidy. Requires the notice to also
provide the QB with all necessary premium information,
enrollment forms, and disclosures to allow the QB to formally
elect continuation coverage.

4)Establishes in law an opportunity for a QB notified pursuant
to this bill to notify the health plan, or the employer if the
plan has contracted with the employer for administrative
services, of the QB's election to continue Cal-COBRA coverage
within 60 days after receipt of the notice required under this
bill, if the QB meets all of the following requirements:

a) The QB receives a notice under this bill;
B) The QB became eligible for Cal-COBRA continuation
coverage prior to the effective date of this bill;
c) The QB is eligible for COBRA premium assistance under
ARRA; and,
d) The QB failed to provide notification within the 60-day
period following the later of the following:
i) The date that the enrollee's coverage under the
group benefit plan terminated or will terminate by reason
of a qualifying event; and,
ii) The date the enrollee was sent notice of the ability
to continue coverage under the group benefit plan.

5)Adds to the categories of QBs eligible for Cal-COBRA coverage,
a person who meets the following:

a) Is eligible for premium assistance under the federal
ARRA;
B) Is eligible for Cal-COBRA coverage as result of the
involuntary termination of the covered employee's
employment from September 1, 2008 through December 31,
2009;
c) Elects Cal-COBRA coverage; and,
d) Meets the definition of a QB under the federal Employee
Retirement Income Security Act of 1974.

6)Prohibits health plans from using the time period between the
qualifying event and the effective date of Cal-COBRA
continuation coverage as a break in coverage in determining
whether to apply a pre-existing condition exclusion.

7)Permits the director of the Department of Managed Health Care
(DMHC) and the commissioner of the California Department of
Insurance (CDI) to adopt emergency regulations to implement
Cal-COBRA, and requires the adoption of these regulations to
be considered by the Office of Administrative Law to be
necessary to avoid serious harm to the public peace, health,
safety, or general welfare.

8)Defines health plans as a person entitled to reimbursement for
the amount of the premium subsidy when the plan receives an
election notice from a QB who is eligible for premium
assistance under ARRA.

9)States legislative intent that any federal assistance that is
or may become available to QBs under Cal-COBRA be effectively
and promptly implemented by DMHC and CDI.

[Maggie]

LAST HIST. ACT. DATE: 03/25/2009
LAST HIST. ACTION : From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 19. Noes 0.) (March 24).
COMM. LOCATION : ASM APPROPRIATIONS

[Maggie]

BILL NUMBER: AB 442 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 25, 2009

INTRODUCED BY Assembly Member Arambula
( Principal coauthor: Senator
Correa )
( Coauthor: Assembly Member
Jones )

FEBRUARY 24, 2009

An act to amend Section 1185 of the Civil Code, relating to
notaries public.

LEGISLATIVE COUNSEL'S DIGEST

AB 442, as amended, Arambula. Notaries public.

Existing law prohibits an officer from taking acknowledgment of an
instrument regarding the transfer of title to property unless the
officer has satisfactory evidence that the person making the
acknowledgment is the individual who is described in and who executed
the instrument.

Existing law provides that satisfactory evidence for purposes of
that provision may include reasonable reliance on the presentation of
any one of certain documents, including a driver's license,
passport, or identification card, as specified.

This bill would add Matricula consular , a form of identification
card issued by the Mexican government , to that list of documents.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : ASM SECOND READING
FILE DATE : 04/02/2009

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : ASM THIRD READING
FILE DATE : 04/13/2009

[Maggie]

LAST HIST. ACT. DATE: 06/09/2009
LAST HIST. ACTION : From committee: Do pass. (Ayes 3. Noes 2.) (June
9).
FILE : SEN SECOND READING
FILE DATE : 06/10/2009
ITEM : 16

COMM. LOCATION : SEN JUDICIARY
COMM. ACTION DATE : 06/09/2009
COMM. ACTION : Do pass.
COMM. VOTE SUMMARY : Ayes: 03 Noes: 02 PASS

[Maggie]

LAST HIST. ACT. DATE: 06/10/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : SEN THIRD READING
FILE DATE : 06/22/2009
ITEM : 25

COMM. LOCATION : SEN JUDICIARY
COMM. ACTION DATE : 06/09/2009
COMM. ACTION : Do pass.
COMM. VOTE SUMMARY : Ayes: 03 Noes: 02 PASS

[Maggie]

LAST HIST. ACT. DATE: 06/10/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : SEN THIRD READING
FILE DATE : 07/08/2009
ITEM : 45

[Maggie]

LAST HIST. ACT. DATE: 08/25/2009
LAST HIST. ACTION : In Assembly. To enrollment.
COMM. LOCATION : SEN JUDICIARY
COMM. ACTION DATE : 06/09/2009
COMM. ACTION : Do pass.
COMM. VOTE SUMMARY : Ayes: 03 Noes: 02 PASS

[Maggie]

BILL NUMBER: AB 442 ENROLLED
BILL TEXT

PASSED THE SENATE AUGUST 24, 2009
PASSED THE ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 25, 2009

INTRODUCED BY Assembly Member Arambula
(Principal coauthor: Senator Correa)
(Coauthor: Assembly Member Jones)

FEBRUARY 24, 2009

An act to amend Section 1185 of the Civil Code, relating to
notaries public.

LEGISLATIVE COUNSEL'S DIGEST

AB 442, Arambula. Notaries public.

Existing law prohibits an officer from taking acknowledgment of an
instrument regarding the transfer of title to property unless the
officer has satisfactory evidence that the person making the
acknowledgment is the individual who is described in and who executed
the instrument.

Existing law provides that satisfactory evidence for purposes of
that provision may include reasonable reliance on the presentation of
any one of certain documents, including a driver's license,
passport, or identification card, as specified.

This bill would add Matricula consular, a form of identification
card issued by the Mexican government, to that list of documents

[Maggie]

LAST HIST. ACT. DATE: 10/11/2009
LAST HIST. ACTION : Vetoed by Governor.
VETOED
COMM. LOCATION : SEN JUDICIARY
COMM. ACTION DATE : 06/09/2009
COMM. ACTION : Do pass.
COMM. VOTE SUMMARY : Ayes: 03 Noes: 02 PASS