(1) Under existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act governs charitable corporations, unincorporated associations trustees, commercial fundraisers, fundraising counsel, commercial coventurers, and other legal entities who hold or solicit property for charitable purposes over which the Attorney General has enforcement and supervisory powers. The act requires that any person who violates any provision of the act with the intent to deceive or defraud be liable for a specified civil penalty. The act also requires that any person who violates any provision of the act, regardless of intent, is liable for a specified civil penalty. This bill would revise those enforcement provisions to instead provide that the Attorney General may issue a cease and desist order whenever the Attorney General finds that any person or entity that the act applies to has committed an act that would constitute a violation of, or is operating in violation of, any provision of the act. The bill would authorize the Attorney General to impose a specified penalty on any person or entity for each act or omission that constitutes a violation of the act, subject to certain procedures. The bill would also authorize the Attorney General, if the Attorney General had assessed a penalty against a person or entity pursuant to these provisions, to suspend the registration of that person or entity in accordance with certain procedures. The bill would authorize a person or entity that the Attorney General has filed an action against pursuant to the act to request a hearing to review that action in accordance with certain procedures. The bill would authorize the Attorney General to seek injunctive relief to enforce the provisions of this act. (2) Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, prohibits charitable organizations, as defined, and commercial fundraisers for charitable purposes from misrepresenting the purpose of the charitable organization or the nature, purpose, or beneficiary of a solicitation. The act further prohibits specified practices in the planning, conduct, or execution of any solicitation or charitable sales promotion, including, among others, operating in violation of, or failing to comply with, any of the requirements of the act or orders of the Attorney General. This bill would prohibit any person from knowingly submitting for filing on behalf of any charitable organization any statement, report, financial statement, attachment, or other information to be filed with the Attorney General that contains information, a statement, or an omission that is false or misleading. (3) Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, requires charitable organizations to file with the Attorney General periodic written reports, under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the corporation, unincorporated association, or trustee, in accordance with rules and regulations of the Attorney General. This bill would require a charitable organization, in any year that the balance sheet of that charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets, to provide an explanation of its compliance with its charitable trust responsibilities and proof of directors' and officers' liability insurance coverage to the Attorney General's Registry of Charitable Trusts.
Sponsored bills
Existing law prohibits domestic insurers from acquiring foreign investments from or located in foreign jurisdictions designated as state sponsors of terrorism by the United States Secretary of State. Existing law, the Iran Contracting Act of 2010, provides that a person whose name appears on a list developed or contracted for development by the Department of General Services as a person determined by the department to be engaged in investment activities in Iran is ineligible to bid on, submit a proposal for, enter into, or renew a contract with a public entity. This bill would require that above-referenced investments by a domestic insurer in companies that are included on the list maintained by the Department of General Services be treated as nonadmitted assets on the financial statements of the domestic insurer. The bill would deem use of the list developed for purposes of the Iran Contracting Act of 2010 as automatic compliance with these requirements. The bill would require the insurer to provide the Department of Insurance, on an annual basis, with a list of the investments the insurer has in companies included on the Department of General Services list.
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.
This measure would memorialize the President and Congress of the United States to enact legislation that would add comprehensive, preventative dental care coverage to Medicare benefits.
This measure would recognize September 2012 as Recovery Month in California, in order to raise awareness of the importance of substance use disorders treatment and to help people living with substance use disorders and their families to receive treatment.
This measure would recognize the 45th anniversary of Kwanzaa and proclaim December 26 through January 1 each year as Kwanzaa Week.
This measure would urge the President and Congress of the United States to reauthorize the Federal Assault Weapons Ban.
This measure would recognize the 25th anniversary of the California Vietnam Veterans Memorial on November 23, 2013, and encourage all Californians to take part in ceremonies, organized by the California State Council of Vietnam Veterans of America along with assistance from the Department of Veterans Affairs and other veterans service organizations. This measure would call upon the state archives to display memorabilia in a special display on the Vietnam War, as provided, the California State Military Museum to prepare and display exhibits on the Vietnam War, as provided, and the Department of Veterans Affairs to add names to the memorial, as provided.
This measure encourages the California Community Colleges, the California State University, and the University of California to consider and adopt the American Council on Education credit recommendations to give veterans due credit for their military experience.
Existing law requires that life insurance policies contain certain provisions, including, but not limited to, an individual life insurance policy notice of the right to cancel a policy. Existing law requires life insurers to provide certain notices to individual life insurance policyholders, including, but not limited to, a notice of premium increases. This bill would require that every life insurance policy issued or delivered in this state contain a provision for a grace period of not less than 60 days from the premium due date and that the policy remains in force during the 60-day grace period. The bill would also require an insurer to give the applicant for an individual life insurance policy the right to designate at least one person, in addition to the applicant, to receive notice of lapse or termination of a policy for nonpayment of premium. The bill would require an insurer to provide each applicant with a form, as specified, to make the designation and to notify the policy owner annually of the right to change the designation. The bill would prohibit a notice of pending lapse and termination from being effective unless mailed by the insurer to the named policy owner, a named designee for an individual life insurance policy, and a known assignee or other person having an interest in the individual life insurance policy at least 30 days prior to the effective date of termination if termination is for nonpayment of premium. The bill would also make conforming changes.