Bill Text: CA AB2413 | 2011-2012 | Regular Session | Amended
Bill Title: Locksmithing: making keys: required information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2413 Detail]
Download: California-2011-AB2413-Amended.html
BILL NUMBER: AB 2413 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Feuer
FEBRUARY 24, 2012
An act to amend Section 1033 of the Insurance
466.8 of the Penal Code, relating to insurers
locksmithin g .
LEGISLATIVE COUNSEL'S DIGEST
AB 2413, as amended, Feuer. Insurers: insolvency: claims.
Locksmithing: making keys: required information.
Existing law requires any person, who knowingly and willfully
makes a key capable of opening any door or other means of entrance to
a residence or commercial establishment for another, to obtain
specified information, including the name and address of the person
requesting or purchasing the key, and to retain a copy of the work
order for 2 years. A violation of this provision is a misdemeanor.
This bill would require the person making the key to obtain the
e-mail address, if any, of the person requesting or purchasing the
key, and to retain the work order for 4 years, rather than 2 years.
Because the bill would revise the definition of a crime, the bill
wold 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 no reimbursement is required by this
act for a specified reason.
Existing law sets forth the priorities for the payment of certain
claims from the assets of insolvent insurers, including claims made
by California Insurance Guarantee Association and the California Life
and Health Insurance Guarantee Association, but excluding certain
categories of claims, including those that are not covered claims for
the purposes of payment by those associations.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 466.8 of the Penal
Code is amended to read:
466.8. (a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial establishment for another by any method
involving an onsite inspection of such door or entrance, whether or
not for compensation, shall obtain, together with the date the key
was made, the street address of the residence or commercial
establishment, and the signature of the person for whom the key was
made, on a work order form, the following information regarding the
person requesting or purchasing the key:
(1) Name.
(2) Address.
(3) (A) Telephone number, if any.
(B) E-mail address, if any.
(4) Date of birth.
(5) Driver's license number or identification number, if any.
A copy of each such work order shall be retained for two
four years and shall be open to inspection by
any peace officer or by the Bureau of Collection and Investigative
Services during business hours or submitted to the bureau upon
request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a residence or commercial
establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and
Investigative Services are subject to the provisions set forth in
Chapter 8.5 (commencing with Section 6980) of Division 3 of the
Business and Professions Code.
(d) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 1033 of the Insurance Code
is amended to read:
1033. (a) Claims allowed in a proceeding pursuant to this article
shall be given preference in the following order:
(1) Expense of administration.
(2) All claims of the California Insurance Guarantee Association
or the California Life and Health Insurance Guarantee Association,
and associations or entities performing a similar function in other
states, together with claims for refund of unearned premiums and all
claims under insurance and annuity policies or contracts, including
funding agreements, of an insolvent insurer that are not covered
claims.
The following claims are excluded from this priority:
(A) Any obligations of the insolvent insurer arising out of any
reinsurance contracts, as well as obligations incurred after the
expiration date of the policy or after the insurance policy has been
replaced by the insured or canceled at the insured's request, or
after the policy has been canceled by the California Insurance
Guarantee Association, the California Life and Health Insurance
Guarantee Association, or another association or entity performing a
similar function in another state.
(B) Any obligations to insurers, insurance pools, or underwriting
associations, and their claims for contribution, indemnity, or
subrogation, equitable or otherwise, except as otherwise provided in
this chapter.
(C) Any amount awarded as punitive or exemplary damages, and any
damages in excess of the liability limits of the policies or
contracts that represent damages for contractual bad faith.
(D) Any amount that is a surplus deposit of a subscriber as
defined in Section 1374.1.
(E) Any judgments against, obligations, or liabilities of the
insolvent insurer otherwise arising from alleged or proven torts, and
any default, collusive, or stipulated judgment against either the
insured or the person subject to proceedings under this article, as
well as any judgment taken in violation of Section 1020. Nothing in
this subparagraph shall prohibit the commissioner from considering
the underlying claims as a claim entitled to priority under this
section, provided that the claimant shall provide to the commissioner
a written election that the judgment shall in all things be
disregarded in determining the liability for and valuation of the
underlying claim.
(F) Any loss adjustment expenses, including adjustment fees and
expenses, attorneys' fees and expenses, court costs, interest, bond
premiums, expert witness fees, and other claims of a similar nature
incurred prior to the appointment of a liquidator.
(G) Claims arising from any self-insured program of the insurer,
including employee life, health, annuity plans, and self-funded
employee benefit plans, however denominated, as well as claims
arising from a multiple employer welfare arrangement as defined in
Section 514 of the federal Employee Retirement Income Security Act of
1974, as amended, a minimum premium group insurance plan, a
stop-loss group insurance plan, or an administrative services-only
plan.
(H) Any portion of a policy or contract to the extent that it
provides experience rating credits or refunds, dividends, or for the
payment of fees or allowances to any person, including the
policyholder or contractholder, in connection with the service to or
administration of the policy or contract.
(I) Any annuity issued by a charitable organization for which the
person subject to these proceedings did not have or utilize a
certificate of authority to issue the policy or contract.
(3) Claims having preference by the laws of the United States.
(4) Unpaid charges due under the provisions of Section 736.
(5) Taxes due to the State of California.
(6) Claims having preference by the laws of this state.
(7) Claims of creditors not included in paragraphs (1) to (6),
inclusive.
(8) Certificates of contribution, surplus notes, or similar
obligations, and premium refunds on assessable policies.
(9) The interests of shareholders or other owners in any residual
value in the estate.
(b) (1) Every claim allowed under a separate account policy,
contract, or agreement providing, in effect, that the assets
allocated to the separate account are not chargeable with liabilities
arising out of any other business of the insurer, shall be satisfied
out of the assets properly allocated to and maintained in the
separate account, excluding amounts allocated or transferred to the
separate account by the insurer pursuant to subdivision (b) of
Section 10506, equal to the reserves maintained in the separate
account for the policies, contracts, or agreements. No liabilities of
the insurer arising out of any other business of the insurer shall
be satisfied from assets properly allocated to and maintained in a
separate account except (A) from amounts allocated or transferred to
the separate account pursuant to subdivision (b) of Section 10506,
and (B) from any assets allocated to the separate account that exceed
the reserves under the separate account policies, contracts, or
agreements. For the purposes of this subdivision, "separate account
policies, contracts, or agreements" means any policies, contracts, or
agreements that provide for separate accounts as contemplated by
Section 10506, 10506.3, 10506.4, or 10541. Any valid and allowed
claim for contractual benefits that cannot be satisfied out of the
assets properly allocated to and maintained in a separate account for
obligations authorized by subdivision (a) of Section 10506.3 shall
be included as a claim against the general account within paragraph
(2) of subdivision (a). Any valid and allowed claim against the
general account for contractual benefits under an obligation
authorized by Section 10506.4 shall be included as a claim within
paragraph (2) of subdivision (a).
(2) Notwithstanding any other provision of law, to the extent that
any assets of a life insurer, other than those assets properly
allocated to, and maintained in, a separate account, have been used
to fund or pay any expenses, taxes, or policyholder benefits that are
attributable to a separate account policy, contract, or agreement
that should have been paid by a separate account prior to the
commencement of delinquency proceedings, then upon the commencement
of delinquency proceedings, the separate accounts that benefited from
this payment or funding shall first be used to repay or reimburse
the company's general assets or account for any unreimbursed net sums
due at the commencement of delinquency proceedings prior to the
application of the separate account assets to the satisfaction of
liabilities of the corresponding separate account policies,
contracts, and agreements.
(c) Upon the issuance of an order appointing a conservator or
liquidator for any person under either Section 1011 or 1016 or both
these sections, the lien of taxes due to the State of California
imposed by Article 4 (commencing with Section 12491) of Chapter 4 of
Part 7 of Division 2 of the Revenue and Taxation Code shall become
subordinate to the reasonable administrative expenses of the
proceeding under the order.
(d) The following definitions are for purposes of this section
only and shall not be used to determine coverage under the California
Life and Health Insurance Guarantee Association Act (Article 14.7
(commencing with Section 1067)):
(1) "Funding agreements" means those agreements authorized to be
delivered or issued pursuant to Section 10541.
(2) "Annuity" means only those annuity contracts, including
period-certain annuities issued by a life insurer, that require for
their lawful issuance a certificate of authority from the
commissioner, and excludes without limitation all instruments for
which the commissioner's certificate of authority is not required,
such as promissory notes, installment loans, negotiable instruments,
mortgages, and debentures.
(3) Reinsurance contracts shall not be included as insurance or
annuity policies or contracts, or funding agreements. However, any
insurance or annuity policy or contract, including any funding
agreement, that is assumed by an insurer under an assumption
reinsurance agreement pursuant to a plan of liquidation,
rehabilitation, or reorganization shall, unless the plan provided
otherwise, be deemed to retain the issue date of the original
insurance or annuity policy or contract, or funding agreement that is
assumed.
(e) The provisions of this section are severable. If any portion
of this section is held invalid or is preempted by federal law, the
remainder of the section and its application shall not be affected.
Specifically, should any of paragraphs (1) to (6), inclusive, of
subdivision (a) be held to be invalid or preempted by federal law,
the claims included within the invalid paragraph shall be included
within paragraph (7) of subdivision (a), and the remaining paragraphs
shall not be affected thereby.
(f) No payment shall be made to any creditor in paragraphs (8) or
(9) of subdivision (a), unless all claims in paragraphs (3) to (7),
inclusive, of subdivision (a) have been paid in full, together with
interest at the legal rate of the date of the order commencing the
proceeding or the date on which the claim became liquidated,
whichever date is later. In proceedings involving life insurance
companies, no payment shall be made for any claim in paragraph (7),
(8), or (9) of subdivision (a) unless and until all claims in
paragraph (1) of subdivision (a) have been paid in full, together
with interest at the legal rate, all claims in paragraph (2) of
subdivision (a) have been paid the full value of the policy or
contract upon which the claim is based, as of the time of
distribution to claimants, and all claims in paragraphs (3) to (6),
inclusive, of subdivision (a) have been paid in full, together with
interest at the legal rate from the date of the order commencing the
proceeding. Notwithstanding the provisions of this subdivision, no
payment of interest shall be made to any insurance guaranty
association that receives early access disbursements from the estate
pursuant to Section 1035.5.
