BILL NUMBER: AB 1160	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 18, 2011

    An act relating to energy.   An act to amend
Section 1798.90.1 of the Civil Code, relating to personal
information. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1160, as amended, Hill.  Energy: renewable energy.
  Personal information.  
   (1) Existing law permits a business to swipe a driver's license or
identification card issued by the Department of Motor Vehicles in
any electronic device for specified purposes, including to verify
age. Existing law prohibits a business from retaining or using any of
the information obtained by that electronic means for any purpose
other than those that are permitted. Existing law makes a violation
of these provisions a misdemeanor.  
   This bill would prohibit a purchaser of alcoholic beverages from
being required to produce his or her driver's license or
identification card for the purpose of verifying age if the purchaser
reasonably appears to be 40 years of age or older. By expanding the
definition of a crime, this bill would impose a state-mandated local
program.  
   (2) 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.  
   Under existing law, the Public Utilities Commission adopted the
California Solar Initiative program that provides ratepayer funded
incentives for eligible solar energy systems.  
   This bill would state the intent of the Legislature to enact
legislation that would create a performance-based incentive program
that rewards California-based solar companies producing specific
levels of renewable energy. 
   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 1798.90.1 of the  
Civil Code   is amended to read: 
   1798.90.1.  (a) (1) Any business may swipe a driver's license or
identification card issued by the Department of Motor Vehicles in any
electronic device for the following purposes:
   (A) To verify age or the authenticity of the driver's license or
identification card.  A purchaser of alcoholic beverages shall
not be required to produce his or her driver's license or
identification card for the purpose of verifying age if the purchaser
reasonably appears to be 40 years of age or older. 
   (B) To comply with a legal requirement to record, retain, or
transmit that information.
   (C) To transmit information to a check service company for the
purpose of approving negotiable instruments, electronic funds
transfers, or similar methods of payments, provided that only the
name and identification number from the license or the card may be
used or retained by the check service company.
   (D) To collect or disclose personal information that is required
for reporting, investigating, or preventing fraud, abuse, or material
misrepresentation.
   (2) A business may not retain or use any of the information
obtained by that electronic means for any purpose other than as
provided herein.
   (b) As used in this section, "business" means a proprietorship,
partnership, corporation, or any other form of commercial enterprise.

   (c) A violation of this section constitutes a misdemeanor
punishable by imprisonment in a county jail for no more than one
year, or by a fine of no more than ten thousand dollars ($10,000), or
by both.
   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.    The Legislature finds and declares
all of the following:
   (a) The State of California is a world leader in efforts to reduce
global warming and greenhouse gas emissions; increase renewable
energy production; promote energy efficiency, energy conservation,
clean air, and emission controls; expend the use of low-carbon,
alternative fuels; and promote and commercialize new technologies and
industries.
   (b) The California Renewables Portfolio Standard Program (Article
16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of
Division 1 of the Public Utilities Code) requires California's retail
sellers of electricity to serve 20 percent of their load with
renewable energy by 2010.
   (c) California leads the nation with 76,442 solar projects
creating 776 megawatts of electricity.
   (d) California's high standards and ambitious goals have resulted
in California leading the nation in renewable energy innovation,
receiving more investment funding in clean technology than anywhere
else in the United States, and accounting for 44 percent of all
patents issued by the United States Patent and Trademark Office in
solar technologies.
   (e) Producing electricity from renewable resources provides
multiple and significant benefits to California's environment and
economy, including improving local air quality and reducing global
warming pollution, diversifying energy supply, improving energy
security, enhancing economic development, and creating jobs.
   (f) California has the best renewable energy resource areas in the
world, providing immense potential for clean, valuable electricity
generation in the state, and the development of these resources
should be rewarded.  
  SEC. 2.    It is the intent of the Legislature to
enact legislation that would create a performance-based incentive
program that rewards California-based solar companies that produce
specific levels of renewable energy on an annual basis.