Existing law requires a business to take all reasonable steps to destroy, or arrange for the destruction of, a customer's records within its custody or control containing personal information that is no longer to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means. Existing law provides for specified civil remedies for a violation of these provisions. This bill would, instead, require a business to take all reasonable steps to dispose, or arrange for the disposal, of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by taking any of the actions described above. The bill would exempt from these provisions information that is made available to the general public from federal, state, or local government records. The bill would provide that a cause of action shall not lie against a business that disposes of abandoned records containing personal information in accordance with these provisions. The bill would set forth findings regarding records that end up in the possession of a storage company or commercial landlord, and would provide that it is the intent of the Legislature to create a safe harbor for such a record custodian who properly disposes of the records. Existing law requires a landlord, if personal property remains on the premises after a tenancy or commercial tenancy has terminated and the premises have been vacated by the tenant, to give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property, as specified. This bill would provide that, if the property consists of records, the tenant shall be presumed to be the owner of the records. This bill would define "records" as it relates to these provisions.
Sponsored bills
Existing law permits the Department of Personnel Administration to charge an administrative fee to employees participating in a group legal services plan established through regulation for excluded employees and memoranda of understanding reached pursuant to the Ralph C. Dills Act. This bill would in addition permit the department to charge an administrative fee to annuitants participating in a group legal services plan established through regulation for annuitants. The Vision Care Program for State Annuitants, administered by the Department of Personnel Administration, provides vision care coverage to specified state annuitants and their dependents, as contracted for by the department. The program is funded by annuitant premiums. Existing law also establishes in the State Treasury the Vision Care Program for State Annuitants Fund that is, upon appropriation by the Legislature, for expenditure for the provision of vision care benefits to state annuitants and their dependents, as specified. This bill would direct the plan provider to directly bill the annuitant if there are insufficient funds in an annuitant's allowance to pay the premium. This bill would also provide that moneys in the Vision Care Program for State Annuitants Fund would be continuously appropriated, as specified.
Existing law, the Veterinary Medicine Practice Act, provides for the licensure and registration of veterinarians and registered veterinary technicians, and the regulation of the practice of veterinary medicine by the Veterinary Medical Board, which consists of 7 members, 3 of whom are public members and 4 of whom are licensed veterinarians. Existing law requires the Governor to appoint the 4 licensed veterinarians and the Senate Committee on Rules and the Speaker of the Assembly to each appoint a public member. Existing law requires the board to ascertain, by means of examination, the professional qualifications of applicants for licensure to practice veterinary medicine and to issue a license to every person whom it finds to be qualified. Existing law requires that the examination consist of a licensing examination administered on a national basis, a state board examination, and an examination concerning the statutes and regulations of the act administered by the board. Existing law requires that the complete examination be given at least once each year. Existing law requires the board to waive the examination requirement and issue a temporary license valid for one year to an applicant under the supervision of another California-licensed veterinarian under specified conditions. Existing law requires an applicant for registration as a veterinary technician to meet specified age and education requirements, to pass a written and practical examination, and to register with the board. Existing law authorizes the board to issue citations to, place on probation, and revoke or suspend the license of, a licensed veterinarian who violates the act. Existing law authorizes the board to revoke or suspend the registration of a registered veterinary technician who violates the act. Under existing law, veterinary licenses and veterinary technician registrations expire after a 2-year term, but may be renewed at any time within 5 years after expiration, as specified. Under existing law, revoked licenses are subject to expiration, and, if a revoked license is reinstated, specified fees are required to be paid. This bill would specify that the Governor shall appoint 5 members to the board, including one public member. The bill would require that the state board examination for licensure as a veterinarian be given at least twice each year, would require the board to waive the examination requirement and issue a license to an applicant if he or she meets certain requirements, including holding a license in good standing in another state and having practiced clinical veterinary medicine for a specified amount of time, and would also revise the requirements for issuance of a temporary license to practice veterinary medicine. The bill would modify the examination requirements for registration as a veterinary technician on and after January 1, 2011, to instead require that an applicant for registration pass both a national licensing examination and an examination specific to the animal health care tasks limited to California registered veterinary technicians, as approved by the board. The bill would also authorize the board to assess fines on and issue citations to, and place on probation, a registered veterinary technician who violates the Veterinary Medicine Practice Act. The bill would make the provisions of the act relative to revocation and reinstatement of licenses applicable to veterinary technician registrations. Because fees for the reinstatement of a revoked veterinary technician registration collected by the board pursuant to these provisions would be deposited in the Veterinary Medical Board Contingent Fund, which is a continuously appropriated fund, the bill would make an appropriation.
Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. This bill would clarify that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called code of ethics. The bill would also provide that such a fellow is not an employee of either house of the Legislature for purposes of the code of ethics. In addition, the bill would require that a fellow be selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. The bill would further require the council to execute an agreement for a fellow to be bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. This bill would declare that it is to take effect immediately as an urgency statute.
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue among local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. The California Constitution prohibits the Legislature from enacting a statute that modifies the manner of apportioning ad valorem property tax revenues so as to reduce the percentage of the total amount of ad valorem property tax revenues that are collected countywide and allocated among all local agencies, as defined, in a county below the percentage that these agencies would receive under the law in effect on the operative date of that prohibition. The California Constitution authorizes the suspension of that prohibition for a fiscal year, if certain conditions are met, including the condition that a full repayment is made to local agencies in an amount equal to the total amount of revenue losses, including interest, resulting from modifications of ad valorem property tax allocation to local agencies. This bill would generally require the auditor of each county to reduce the amount of ad valorem property tax revenue apportionments to each local agency for the 2009–10 fiscal year by 8% of the total amount of ad valorem property tax revenue apportioned to that local agency in the 2008–09 fiscal year, and would require each county auditor to transfer those revenues to a Supplemental Revenue Augmentation Fund, to be transferred therefrom by the county office of education to the Controller in amounts as directed by the Department of Finance to reimburse the state for costs of providing various services in that county. This bill would require full repayment to local agencies of the reduction amounts, including interest, as determined by the Controller, and would make an appropriation therefor. This bill would authorize the issuer of bonds issued pursuant to provisions of this bill, or any local agency that did not participate in the sale of its right of repayment as provided in this bill, to seek a writ of mandamus exclusively in the California Supreme Court, if full repayment to local agencies has not occurred as of a specified date. The Marks-Roos Local Bond Pooling Act of 1985 authorizes joint powers authorities to, among other things, issue bonds and loan the proceeds to local agencies to finance specified types of projects and programs. In addition, a joint powers authority may purchase, with the proceeds of its bonds or its revenue, a local agency's right to payment of moneys due or to become due to a local agency out of funds payable in connection with vehicle license fees to a local agency pursuant to specified provisions of law, also known as a "VLF receivable," and may pledge, assign, resell, or otherwise transfer any of these receivables for the purpose of securing bonds issued to finance the purchase price of the receivables, subject to specified criteria. This bill would additionally authorize a joint powers authority to purchase, with the proceeds of bonds or its revenue and subject to the same criteria, a local agency's right to receive moneys in repayment of its revenue losses, with interest as provided by law, resulting from the modification of ad valorem property tax revenue allocations described above. This bill would also require the authority to purchase all of these receivables offered for sale by local agencies to the extent that it can sell bonds therefor, and would authorize the authority to impose an administrative fee for the costs of administering the purchase. By modifying the manner in which county auditors apportion ad valorem property tax revenues, 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, 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. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would proclaim May 2009 as California Water Awareness Month, and encourage all Californians to participate in a statewide campaign that focuses on educating Californians about the value of water in everyday life.
This measure would designate a specified portion of State Highway Route 63 in Visalia as the Greatest Generation Memorial Highway. This measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, to erect those signs.
This measure would declare the week of June 29 through July 5, 2009, Yellow Ribbon Week to show support for military families and for troops fighting in Iraq and Afghanistan.
This measure would acknowledge the history of the Chinese in California, recognize the contributions made to the State of California by Chinese Americans and Chinese immigrants, and express regret for past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese living in California.
This measure would proclaim the month of May 2009 as Motorcycle Awareness Month.