Asm. Jeff Miller

Existing law provides that the obligation of an insurer to furnish any notice to its insured may be carried out by an insurer's general agent, provided, however, that an insurer's delegation of a notice obligation to a general agent shall not limit or negate the insurer's responsibility or liability if the general agent fails to provide the required notice. A "general agent" is a licensed fire and casualty broker-agent who manages the transaction of one or more classes of insurance written by the insurer. This bill would make technical, nonsubstantive changes to this provision.

Existing law prohibits a local government from enacting or enforcing an ordinance on matters covered by the Vehicle Code unless expressly authorized. Existing law authorizes a local government to regulate mobile billboard advertising displays including the establishment of penalties. Existing law defines the term "mobile billboard advertising display" for the above purpose. This bill would make a technical, nonsubstantive change to that definition.

This resolution would recognize the month of January 2012, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2012, and each following February 1, as California's Free From Slavery Day.

Existing law does not expressly authorize the use of photo radar from an automated enforcement system for speed enforcement purposes by any jurisdiction. This bill would authorize a local authority to participate in a local traffic safety program that studies the feasibility of using an automated speed enforcement system for speed enforcement only in areas designated as school zones.

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law. This bill would, for taxable years beginning on or after January 1, 2011, authorize a credit under the Personal Income Tax Law for qualified costs, as defined, paid by a taxpayer for specified fees charged by the Department of Motor Vehicles for a qualified vehicle, as provided. This bill would take effect immediately as a tax levy.

The Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law also, until July 1, 2011, imposes an additional tax equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to the vehicle license fee, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. Existing law provides that money in the account shall be allocated for various public safety programs, as provided. This bill would, beginning July 1, 2011, and each July 1 thereafter for a transfer $500,000,000 from the General Fund to the account total of 5 years, as provided. By transferring funds to a continuously appropriated fund, this bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.

Article XIX of the California Constitution requires revenues from state excise taxes on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the cost of collection and any refunds authorized by law, to be used for various street and highway purposes and for certain mass transit guideway purposes. Existing law requires state excise fuel tax revenues to be deposited in various accounts and to be allocated, in part, for various purposes, including the cost of collection and authorized refunds. Existing law requires the balance of these funds remaining after authorized deductions to be transferred to and deposited monthly in the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for formula apportionment of specified revenues in the Highway Users Tax Account to cities and counties for the transportation purposes authorized by Article XIX of the California Constitution, and requires other portions of those revenues to be transferred to and deposited in the State Highway Account in the State Transportation Fund. Existing law provides that the money in the Highway Users Tax Account is appropriated for the above-described transportation purposes, but also generally provides that the money in the State Highway Account may not be expended until appropriated by the Legislature. This bill, in any year in which the Budget Act has not been enacted by July 1, would provide that all moneys in the Highway Users Tax Account in the Transportation Tax Fund, except as specified, are continuously appropriated and may be encumbered for certain purposes until the Budget Act is enacted. The bill would thereby make an appropriation. The bill would authorize the Controller to make estimates in order to implement these provisions.

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires retailers of rechargeable batteries to have in place a system for the acceptance and collection of rechargeable batteries. This bill would require a producer of household batteries or consumer products incorporating a household battery, acting individually or through a household battery stewardship organization, to submit a plan to the department on January 1, 2012, for a used household battery stewardship transition project, containing specified elements, and to implement the plan by April 1, 2012, for an operation of not less than 12 months. A producer or battery stewardship organization would be required to submit a report to the department regarding the final results of the project by May 1, 2013. The bill would also require a producer, acting individually or through a household battery stewardship organization, to implement a used household battery stewardship program, containing specified elements, by April 1, 2013. The bill would allow a registered hazardous waste transporter to elect to submit a transition project or stewardship plan to the department on behalf of one or more producers and would require a hazardous waste transporter making either election to comply with the provisions of the bill applicable to a household battery stewardship organization. A producer or a household battery stewardship organization operating a used household battery stewardship program would be required to provide an annual report to the department and post this information on an Internet Web site. The bill would require a governmental entity that operates a location at which residents may drop off materials for recycling to provide for the collection of used household batteries, by April 1, 2013, and would require a governmental entity that operates a curbside collection program that includes used household batteries to sort those batteries from other collected materials by April 1, 2013, thereby imposing a state-mandated local program by imposing new duties upon local agencies. The bill would authorize a retailer to request a producer or battery stewardship organization implementing a transition project or program to pay the retailer for the cost of cooperating with the plan under certain conditions. The bill would also allow a producer or household battery stewardship organization that implements a transition project or stewardship program and incurs costs in excess of $5,000 in collecting, handling, recycling, or properly disposing of used household batteries to bring a civil action to recover costs and damages against a producer who is not implementing a transition project or program or participating in a household battery stewardship organization. The bill would provide that these provisions would become inoperative on the date that the department submits a report to the Secretary of State that contains a determination that federal law establishes a national program for the collection and recycling of used household batteries or that the requirements of a national transportation law make compliance with the bill physically or economically infeasible. (2) Existing law creates the Department of Resources Recycling and Recovery in the Natural Resources Agency, which succeeds to the duties and authority of the former California Integrated Waste Management Board. Existing law, the Dry Cell Battery Management Act, imposes requirements upon the sale of rechargeable consumer products containing rechargeable batteries and imposes certain labeling requirements upon rechargeable batteries and products containing these batteries. This bill would make conforming changes with regard to the authority of the department in administering the Dry Cell Battery Management Act, and make technical, nonsubstantive changes. (3) 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 Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law, operative until June 30, 2011, also imposes an additional tax to the vehicle license fee equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. This bill would appropriate $506,400,000 from the General Fund to be deposited in the Local Safety and Protection Account, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.