Sen. Jean Fuller

This measure would designate the month of September of every year as Ovarian Cancer Awareness Month throughout the State of California, and would encourage and promote efforts to educate the people and the health care practitioners of the state regarding ovarian cancer and its early detection and prevention, the risk factors involved in its development, and the early warning symptoms and signs.

(1) Existing law provides that the contents of a safe deposit box, or the proceeds of their sale, held in this state by a business association escheat to the state if unclaimed by the owner for more than 3 years, as specified. This bill would make a clarifying, technical change to this provision. (2) Existing law specifies the circumstances under which property held or owing by a business association escheats to the state, including funds the business association holds in a retirement account or plan. Existing law also specifies the circumstances under which tangible and intangible personal property, and income and increments to that property, held in a fiduciary capacity escheat to the state if the owner fails to take certain actions within a period of 3 years after the property becomes payable or distributable to him or her. This bill would specify additional circumstances under which certain funds in retirement accounts and plans become due and payable for purposes of escheat and would exempt tangible or intangible property from escheating to the state if the fiduciary and owner of the property have taken certain actions regarding the property. (3) Existing law requires a person holding funds or other property escheated to the state to file a report with the Controller and to pay or deliver the escheated property to the Controller within a specified time, unless another person has established his or her right to any of the property specified in the report. Under existing law, the person holding the property is required to report that property to the Controller as well as any other property that does not appear to be subject to escheat. This bill would instead require the person holding the property to report to the Controller only the property subject to escheat. The bill would make additional technical changes. (4) Existing law requires that property delivered to the Controller that has no apparent commercial value be retained for a period of not less than 18 months from the date the property is delivered. This bill would require that this property be retained for a period of not less than 7 years.

Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary schools in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions from its provisions. This bill would exempt from the act flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet specified criteria. The act prohibits the bureau, for the period of July 1, 2010, to July 1, 2011, inclusive, from enforcing the act against institutions engaged in flight instruction and aircraft maintenance education, as specified, if those institutions notify the bureau that they are in operation during that time period. This bill would repeal that provision. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collections of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available, to the board and the Department of Forestry and Fire Protection for certain specified fire protection activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would repeal the above provisions relating to the fire prevention fees. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.

This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.

Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. This bill would require any agency, person, or business that is required to issue a security breach notification pursuant to existing law to fulfill certain additional requirements pertaining to the security breach notification, as specified. The bill would also require any agency, person, or business that is required to issue a security breach notification to more than 500 California residents pursuant to existing law to electronically submit a single sample copy of that security breach notification to the Attorney General, as specified. This bill would provide that a covered entity under the federal Health Insurance Portability and Accountability Act of 1996 is deemed to have complied with these provisions, if it has complied with existing federal law, as specified. The bill would also incorporate additional changes made by the Governor's Reorganization Plan No. 1 of 2009.

Existing law, the Williamson Act, authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Existing law sets forth procedures for reimbursing cities and counties for property tax revenues not received as a result of these contracts. This bill would, beginning January 1, 2011, and until January 1, 2016, authorize a county, in any fiscal year in which payments authorized for reimbursement to a county for lost revenue are less than12 of the participating county's actual foregone general fund property tax revenue, to revise the term for newly renewed and new contracts and require the assessor to value the property, as specified, based on the revised contract term. The bill would provide that a landowner may choose to nonrenew and begin the cancellation process. The bill would also provide that any increased revenues generated by properties under a new contract shall be paid to the county. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would recognize July 23, 2011, as the National Day of the Cowboy, and would encourage the people of the State of California to observe the day with appropriate ceremonies and activities.

Under existing law, any person who is convicted of pimping or procuring a minor under the age of 16 for prostitution may be ordered by a court to pay an additional fine not to exceed $5,000 to be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs, as provided. This bill would enact the Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011, and would require that a person who is convicted of seeking to procure or procuring the sexual services of a prostitute, if the prostitute is under 18 years of age, be ordered to pay an additional fine not to exceed $25,000 to be available upon appropriation by the Legislature to fund programs and services for commercially sexually exploited minors in the counties where the underlying offenses are committed.

This measure would declare June 2011 as Scleroderma Awareness Month.