Insurance

Automobile Insurance
Health Insurance
Miscellaneous

Automobile Insurance

SB 20 (Escutia-D) Low-cost policies

Extends the January 1, 2007 sunset date on two low cost auto insurance programs and the proof of financial responsibility law in two counties, Los Angeles and San Francisco, until January 1, 2011. Expands the low cost auto insurance programs to the Counties of Alameda, Fresno, Orange, Riverside, San Bernardino, and San Diego and makes expansion of all other counties subject to the discretion of the Insurance Commissioner.

Chapter 435, Statutes of 2005

SB 98 (Murray-D) Auto insurance: repairs

Allows a policyholder to receive a reduced auto insurance premium if the policyholder agreed to have his or her insured vehicle repaired at one of at least three auto body shops that are within 25 miles of the insured's home or the accident scene and that are recommended by the insurer.

(In Assembly Insurance Committee)

SB 597 (Torlakson-D) Good driver discounts

Denies a Good Driver Discount to those convicted of drunk driving or vehicular manslaughter during either the prior 10 years (current law is seven) or from 1999 to the present, whichever is the latter, and ending on the date of the application for the issuance or renewal of the Good Driver Discount policy.

Chapter 109, Statutes of 2005

SB 603 (Ortiz-D) Insurance: credit ratings

Prohibits the use of credit scores to underwrite homeowners', earthquake, and auto insurance policies.

(In Assembly Insurance Committee)

AB 526 (Harman-R) Uninsured motorists coverage exclusion

Allows an auto liability insurance policy to exclude uninsured motorist coverage for any injury or wrongful death sustained while operating a described class of motor vehicle.

(In Assembly Insurance Committee)

AB 778 (Mullin-D) Auto insurance: in-home supportive services

Prohibits an auto liability policy from containing any provision that expressly or impliedly excludes from coverage under the policy, the operation or use of an insured motor vehicle by the named insured in the performance of any in-home supportive services, as described. Prohibits a vehicle covered under an auto liability policy from being classified as a common carrier, livery, or for-hire vehicle solely for the reason that the named insured or applicant is operating or using the insured vehicle to provide transportation incidental to the provision of in-home supportive services.

Vetoed by the Governor

AB 1122 (Wyland-R) Auto insurance policies

Exempts an insurer that is licensed to sell automobile and ceases the sale of automobile insurance from providing consumers of personal automobile insurance with a cost estimate for its lowest priced personal automobile insurance policy, provided that another insurer in the same insurer group provides a cost estimate for its lowest priced personal automobile insurance policy.

(In Senate Banking, Finance and Insurance Committee)

AB 1183 (Vargas-D) Auto insurance policy fees

Extends, until January 1, 2010, a sunset on two existing fees levied on auto insurance policies from the support of anti-fraud and consumer services programs, and makes other technical code changes to update reference to the Bureau of Fraudulent Claims by replacing it with Fraud Division.

Chapter 717, Statutes of 2005

AB 1429 (Blakeslee-R) Auto insurance: assigned risk plans

Makes changes to assigned risk plan requirements regarding the membership of insurer representatives on the advisory committee related to the size of the insurer represented by the representative.

(In Assembly Insurance Committee)

AB 1554 (Frommer-D) Auto insurance: refusals

Increases the amount of fines from $1,000 to $1,500 for each violation when an insurer refuses to give a written statement of the reasons why a person was refused insurance.

(In Assembly Insurance Committee)

Health Insurance

SB 23 (Migden-D) Healthy Families Program and Medi-Cal

Requires the Managed Risk Medical Insurance Board (MRMIB) and the Department of Health Services to collaborate with the Employment Development Department to promote participation in the Healthy Families and Medi-Cal programs. Requires MRMIB to develop a process by which family contributions to the Healthy Families Program may be deducted from an applicant's pay and transmitted by the employer to MRMIB.

Vetoed by the Governor

SB 38 (Alquist-D) Healthy Families Program

States the intent of the Legislature to expand the income household eligibility limit for the Healthy Families Program from 250 percent to 300 percent of the federal poverty level.

(Held at Assembly Desk)

SB 108 (Lowenthal-D) Health Care Service Plans

Deletes a provision in the Knox-Keene Health Care Service Plan Act of 1975 that deems health plan compliance with federal Health Maintenance Organization Act requirements related to subscriber and enrollee involvement in the plan's public policy as compliance with state requirements relating to plan public policy making.

Chapter 45, Statutes of 2005

SB 139* (Margett-R) Long Term Care Insurance: tax

Allows a credit as specified for amounts paid or incurred for long-term care insurance or long-term care expenses.

(In Senate Revenue and Taxation Committee)

SB 173* (Maldonado-R) Health savings accounts

Conforms state and federal law in the area of health savings accounts.

(In Senate Revenue and Taxation Committee)

SB 189 (Chesbro-D) Health care coverage: substance related disorders

Requires a health care service plan and health insurer to provide coverage for the medically necessary treatment of substance related disorders, excluding caffeine related disorders, on the same basis as coverage is provided for any other medical condition. Authorizes a plan and insurer to limit nonhospital residential care, as defined, to 60 days per calendar year.

(In Senate Banking, Finance and Insurance Committee)

SB 195* (Maldonado-R) Tax credit: health savings accounts

Creates a tax credit for taxpayers that provide health insurance for their employees.

(In Senate Revenue and Taxation Committee)

SB 364 (Perata-D) Health care service plans

Authorizes a physician who has a contract with a health plan but not with a contracting entity [e.g., a medical group or independent practice association of the plan, to submit a claim to the plan,] and requires the plan to pay the claim pursuant to the terms of the contract between the plan and the physician.

(On Assembly Inactive File)

SB 367 (Speier-D) Health care complaint system

Enacts the Patient and Provider Protection Act and revises the way complaints from providers are handled by the Department of Insurance.

Chapter 723, Statutes of 2005

SB 375 (Speier-D) Medicare supplement coverage

Generally conforms California's Medicare Supplement coverage provisions to the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Effective January 1, 2007, expands eligibility requirements for Medicare Supplement coverage including the expansion of open enrollment to certain individuals who lose Medi-Cal eligibility, and to individuals in Medicare Advantage plans whose benefits are reduced. Prohibits policy issuers from requesting health information from an applicant who is guaranteed issuance of coverage.

Chapter 206, Statues of 2005

SB 417 (Ortiz-D) Payment of health provider claims

Effective July 1, 2006, prohibits a hospital-based physician, as defined, from engaging in a pattern of billing a patient for covered services in excess of applicable co-payments, deductibles or co-insurance, unless specified conditions are met. Establishes specific notice requirements when the physician sends a patient a bill or statement and establishes penalties in law for violations bill by physicians or for violations of statutorily mandated payment practices by health care service plans.

(In Assembly Health Committee)

SB 425 (Ortiz-D) Health care rate approvals

Requires a health care service plan and a health insurer to obtain approval from the Department of Managed Health Care and the Department of Insurance, of a rate increase, which is defined as including premiums, co-payments, deductibles, charges, and the cost of coverage. Includes within this requirement a rate increase imposed by a plan or health insurer between April 1, 2000, and January 1, 2006. Makes a violation of its provisions subject to assessment of a civil penalty in an action by the Insurance Commissioner and makes a willful violation a misdemeanor. Authorizes the departments to assess plans and health insurers a fee for implementing the rate approval process.

(In Senate Banking, Finance and Insurance Committee)

SB 456 (Runner-R) Children's Health Insurance Program

Provides that federal funds allocated to the state under the State Children's Health Insurance Program will also be allowed to support the Access for Infants and Mothers Program and prenatal services provided through Medi-Cal.

(In Senate Health Committee)

SB 572 (Perata-D) Benefits: mental health

Requires that a health care service plan and a health insurer provide coverage for the diagnosis and medically necessary treatment of mental illness. Defines that term to include mental disorders defined in a specified Diagnostic and Statistical Manual, excluding substance abuse disorders.

(In Senate Banking, Finance and Insurance Committee)

SB 573 (Romero-D) Disability insurance: intoxication

Repeals an existing provision that allows health insurance companies to exclude coverage of injuries sustained as a consequence of the insured's being intoxicated or under the influence of any controlled substance unless administered on the advice of a physician.

Vetoed by the Governor

SB 576 (Ortiz-D) Health care coverage: tobacco cessation services

Requires health plans and health insurers to provide coverage for two courses of tobacco cessation treatments per year, including counseling and prescription and over-the-counter medications, and prohibits plans and insurers from applying deductibles but allows specified co-payments for those benefits.

Vetoed by the Governor

SB 593 (Alarcon-D) Health care costs: recovery

Requires a for-profit corporation with at least 20,000 employees to reimburse the state for costs of providing Medi-Cal and Healthy Families to the corporation employees and dependents.

(In Senate Health Committee)

SB 634 (Speier-D) Health insurance: claims practices

Extends, beginning July 1, 2006, certain claims payment protections afforded to health care providers who deliver care to enrollees of health care service plans to providers who provide services to patients with health insurance policies. Requires greater disclosure to individual policyholders about their potential costs when obtaining services from a provider who does not have a contract with the insured's health insurer.

Chapter 441, Statutes of 2005

SB 749 (Speier-D) Health care coverage: pervasive developmental disorders

Requires a health care service plan or a disability insurer to cover the diagnosis of pervasive developmental disorders or autism that follows current best practice standards developed by the Department of Developmental Services. Requires the Department of Managed Health Care Services and the Department of Insurance, in conjunction with each other, to enact regulations specifying how a health care service plan or disability insurer and a separate specialized health care service plan or mental health plan may determine responsibility for reimbursement of these diagnostic services.

(In Senate Banking, Finance and Insurance Committee)

SB 840 (Kuehl-D) Single-payer health care coverage

Creates the California Health Insurance System, a single payer health care system, administered by the California Health Insurance Agency, to provide health insurance coverage to all California residents.

(In Assembly Rules Committee)

SB 913 (Simitian-D) Health care coverage: rheumatic diseases

Prohibits any health care service plan or health insurer that contracts to provide coverage for drugs from requiring a step therapy pharmacy management protocol that makes distinction between biologic and nonbiologic therapies. Requires the Department of Health Services to establish a pilot program in which any biologic drug prescribed for the treatment of rheumatic disease would be covered under Medi-Cal if certain conditions are met.

(In Senate Appropriations Committee)

AB 89 (Jerome Horton-D) Health care coverage: disclosure

Requires the Department of Health Services and the Managed Risk Medical Insurance Board to collaborate in preparing a report that identifies all employers who employ 25 or more persons who are beneficiaries, or who support beneficiaries, enrolled in Medi-Cal, Healthy Families, and Access for Infants and Mothers programs.

Vetoed by the Governor

AB 213 (Liu-D) Health care coverage: lymphedema

Requires a health care service plan and a health insurer to provide coverage for the treatment of lymphedema.

(In Assembly Health Committee)

AB 228 (Koretz-D) Health care coverage

Prohibits health care service plans and health insurers from denying coverage for organ or tissue transplantation services on the basis that an enrollee, subscriber, insured, or policyholder is infected with HIV.

Chapter 419, Statutes of 2005

AB 247* (Walters-R) Long term care: tax credit

Allows a credit for 20 percent, not to exceed $1,000 per taxpayer, or in the case of taxpayers filing a joint return, $2,000, of the amount paid or incurred by the taxpayer for long-term care or long-term insurance provided for the taxpayer or a parent of the taxpayer.

(In Assembly Revenue and Taxation Committee)

AB 256 (De La Torre-D) Public employees' health care

Requires the California Public Employees Retirement System to study the feasibility of creating a single statewide health care pool that will cover all public school employees working in school districts, county offices of education, and community colleges, or a pool which includes all school employees in the Public Employees Medical and Hospital Care Act. Allows the counties of Santa Barbara and Solano who have recently signed bargaining agreements with their local public safety units, to provide one of the retirement benefits as created by SB 400 (Ortiz), Chapter 555, Statutes of 1999.

Chapter 708, Statutes of 2005

AB 277 (Mountjoy-R) Long-term care program

Authorizes the Public Employees' Retirement System Board to hold closed sessions when discussing rates and competitive strategies for its long-term care program.

Chapter 288, Statutes of 2005

AB 356 (Chan-D) Health care coverage

Requires health plans to inform applicants for individual coverage of the reasons for their denial and of the availability of the state's high-risk insurance pool, as specified. Requires health plans and insurers to have written policies, procedures and underwriting guidelines for making decisions to provide or deny coverage to individuals and to report those guidelines to the Department of Managed Health Care (DMHC) and the Department of Insurance (DOI). Requires health plans and insurers to report to DMHC and DOI the rates at which they deny applications for individual coverage.

Chapter 526, Statutes of 2005

AB 445 (Walters-R) Health benefits: catastrophic loss

Authorizes a health care service plan and a health insurer to offer and issue a group or individual plan contract or policy for catastrophic losses that contains a high deductible.

(In Assembly Health Committee)

AB 493 (Frommer-D) Multiple employer welfare arrangements

Revises permissible investments for Multiple Employer Welfare Arrangements.

Chapter 218, Statutes of 2005

AB 598 (De La Torre-D) Health care plans

Establishes additional requirements for health plan, health insurer and self-funded plan contracts with health care providers.

(In Assembly Appropriations Committee)

AB 624 (Montanez-D) Healthy Families Program

Requires the Department of Health Services and the Managed Risk Medical Insurance Board to include, by July 1, 2007, an application process to be used at the option of the person applying on the child's behalf, to simultaneously pre-enroll and apply for enrollment into the Healthy Families or Medi-Cal programs.

Vetoed by the Governor

AB 661* (Plescia-R) Health savings accounts

Conforms California Law to selected federal income tax law by adopting specified provisions of the Medicare, Prescription Drug, Improvement, and Modernization Act of 2003.

(In Assembly Revenue and Taxation Committee)

AB 711 (Chan-D) Healthy Families Program

Requires the Managed Risk Medical Insurance Board (MRMIB) to expand eligibility under the Healthy Families Program (HFP) to uninsured parents and guardians of children enrolled in HFP and full scope, no-share-of cost Medi-Cal pursuant to a federal waiver no later than May 15, 2006. Deletes current law requiring an appropriation of state matching funds in order to expand HFP, and requires MRMIB to promptly seek any waiver renewals to implement the above provisions.

(In Assembly Appropriations Committee)

AB 757 (Chan-D) Health care coverage

Prohibits an underlying contract from obligating a health care provider to participate in materially different networks, products, or business lines. Requires a contracting agent's (such as a health plan, self-insured employer, third-party administrator or a health insurer) contract with a health care provider to make specified disclosures.

(In Assembly Appropriations Committee)

AB 772 (Chan-D) California Healthy Kids Insurance Program

Creates the California Healthy Kids Insurance Program (CHKIP), a joint partnership of the Managed Risk Medical Insurance Board (MRMIB) and the Department of Health Services (DHS). Requires MRMIB and DHS to continue to administer the Healthy Families Program (HFP) and Medi-Cal programs, in accordance with all existing requirements and to coordinate their respective administration of each program under CHKIP. Requires MRMIB and DHS to operate CHKIP in a coordinated and seamless manner with respect to children who are enrolled in, or potential enrollees of, HFP and Medi-Cal. Expands HFP eligibility for children to families with incomes up to 300 percent of the federal poverty level. Limits documentation required for CHKIP enrollees to that required under federal law.

Vetoed by the Governor

Similar legislation is SB 437 (Escutia-D) which is on the Assembly Inactive File.

AB 837 (Benoit-R) Health insurance: unemployment

Authorizes life and disability insurers to offer policyholders an endorsement that waives the premium of a policyholder who is disabled or involuntarily unemployed.

Chapter 67, Statutes of 2005

AB 909 (Chavez-D) Health care coverage: electronic notices

Allows health plans and insurers to comply with statutory and regulatory notice requirements by providing the notices electronically, if authorized by applicants, enrollees, subscribers, or insureds.

(In Senate Banking, Finance and Insurance Committee)

AB 976 (Emmerson-R) Health care: orthotic and prosthetic devices

Requires a health care service plan and health insurer to provide coverage for orthotic and prosthetic devices for children under 18 years of age so that co-payments, deductibles, prior authorization requirements, and lifetime or annual benefit caps may not exceed conditions applicable to other benefits. Requires that orthotic and prosthetic devices be furnished by a physician and surgeon or a certified orthotist or prosthetist, when furnished to children under 18 years of age.

(In Assembly Health Committee)

AB 977 (Nava-D) Health care review process

Requires a health care service plan and a health insurer, except as specified, to apply, to the Director of the Department of Managed Health Care and the Insurance Commissioner for approval to market or offer for sale a plan or policy that includes any deductible, or co-payment, other out-of-pocket cost, or limitation on benefits or coverage. Requires the Director and the Commissioner to develop and adopt by January 1, 2007, regulations concerning review of those terms. Requires the Director and the Commissioner to obtain public comment before deciding on applications with deductibles, co-payments, or other limitations on benefits or coverage that are not substantially similar to those previously approved by their respective departments. Requires the Director and the Commissioner to develop a schedule and process to also review existing plan contracts and policies, as specified.

(On Assembly Inactive File)

AB 995* (Canciamilla-D) Health care coverage: tax credit

Allows a tax credit to employers for part of the cost of providing health care coverage for employees.

(In Assembly Revenue and Taxation Committee)

AB 1084 (Vargas-D) Health insurance: policy terms

Allows a disability income insurance policy to contain a provision stating that benefits shall not be payable unless the insured is covered under a health insurance policy and receiving care by a licensed physician, that under prevailing medical standards, is appropriate for the condition causing the disability, except as specified, and sets forth provisions for the payment of additional disability income benefits.

(On Assembly Inactive File)

AB 1085 (Ruskin-D) County Health Initiative

Changes the income eligibility criteria for children under the County Health Initiative Program and includes those with a family income level at or below 400 percent of the federal poverty level.

(In Assembly Health Committee)

AB 1111 (Frommer-D) Individual health coverage

Requires health plans and insurers to allow individuals with existing individual coverage to transfer that coverage from one product to another.

(In Assembly Health Committee)

AB 1185 (Koretz-D) Health care coverage: chiropractic services

Requires a health care service plan contract and a health insurance policy to provide coverage for chiropractic services. Makes these services available to an enrollee or subscriber without a referral from the primary care physician and requires that a sufficient number of chiropractors be available to provide meaningful access to chiropractic services under the plan contract or policy.

(In Assembly Health Committee)

AB 1199 (Frommer-D) California Healthy Kids

Creates the California Healthy Kids Fund in the state treasury for the purpose of receiving contributions to expand children's health insurance. Contingent upon the passage of AB 772 (Chan-D), which was vetoed by the Governor.

Vetoed by the Governor

AB 1321 (Yee-D) Health care

Requires the Department of Managed Health Care and the Department of Insurance to implement independent provider dispute resolution, and prohibits certain hospital-based physicians from billing patients for services if the hospital is under contract with the health plan.

(In Assembly Appropriations Committee)

AB 1359* (Chan-D) Prescription drug plans

Requires a sponsor of a Medicare prescription drug plan authorized by the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to be licensed as a health care service plan by the Department of Managed Health Care or as a life and disability insurer by the Department of Insurance.

Chapter 230, Statutes of 2005

AB 1396* (Garcia-R) Healthy Families Program

Appropriates $1.3 million from the General Fund to reestablish application assistance payments for individuals assisting applicants to the Healthy Families and Medi-Cal Programs, effective April 1, 2005. Appropriates $1.8 million from the Federal Trust Fund as the federal match.

(In Assembly Appropriations Committee)

AB 1533 (Bass-D) Health care coverage: late enrollee

Permits an individual who has lost or will lose Healthy Families coverage as a result of exceeding the program's income or age limits to enroll in health insurance coverage without being considered a late enrollee.

Chapter 542, Statutes of 2005

AB 1586 (Koretz-D) Health care service plans: discrimination

Defines the term "sex," in existing law that prohibits health care service plans and insurers from specified discriminatory acts, to have the same meaning as "gender," as defined under the Penal Code, as specified.

Chapter 421, Statutes of 2005

Similar legislation is AB 379 (Koretz-D) which is in Senate Rules Committee.

AB 1670 (Nation-D) Health care coverage

Imposes an individual mandate on all California resident to have minimum health care coverage for themselves and their dependents. Requires regional purchasing pools to negotiate with insurance companies and health plans for guaranteed issue, modified community rated products. Establishes a subsidy program using state and federal funds for qualified employers who offer health care coverage for specified employees.

(Failed passage in Assembly Health Committee; reconsideration granted)

AB 1698 (Nunez-D) Health care policies

Prohibits health plan contracts or insurance policies that cover dependent children from establishing, under any circumstances, a limiting age where termination occurs prior to a dependant's 26th birthday, as specified.

Vetoed by the Governor

AB 1744 (Assembly Health Committee) Knox- Keene Health Care Service Plan

Defines "preferred provider organization" for purposes of the Knox-Keene Health Care Service Plan Act of 1975.

(In Assembly Health Committee)

Miscellaneous

SB 2 (Speier-D) Homeowners' insurance

Requires the curriculum committee of the Department of Insurance, to make recommendations to instruct broker-agents in proper methods of estimating the replacement value of structures. Requires insurers to extend the additional living expense timeframe to 24 months after a declared state of emergency, and makes permanent the mediation program.

Double-joints with SB 518 (Kehoe-D).

Chapter 447, Statutes of 2005

SB 150 (Escutia-D) Insurance: adverse underwriting decisions

Requires insurers to provide consumers with the specific reason for a declination, cancellation, or non-renewal of specified insurance policies.

Chapter 436, Statutes of 2005

SB 192 (Scott-D) Annuities: seniors

Creates suitability standards for the sale of annuities, imposes new duties on insurers and agent-brokers relative to the sale of these products to seniors (65 or older, unless otherwise indicated), and makes other related changes.

(In Assembly Insurance Committee)

SB 251 (Morrow-R) Homeowners' insurance: personal property

Requires an insurer under a homeowners' insurance policy, in the event of a total loss of the primary insured structure, to offer the insured the option of receiving an unspecified portion of the policy limit for loss or damage to personal property, in exchange for the insured's waiver of any right to recover an amount in excess of that sum for that loss. Prohibits an insurer, if the insured chooses to accept that portion of the policy limit, from requiring the insured to prepare a list of personal property that has been damaged or destroyed.

(In Senate Banking, Finance, and Insurance Committee)

SB 256 (Speier-D) Life insurance

Reimburses members of the California National Guard, who are called to active duty by the federal government, for the cost of purchasing life insurance, up to an amount of $17 per month, effective January 1, 2005. Continuously appropriates money from the General Fund to the Military Department.

(In Senate Appropriations Committee)

SB 271* (Scott-D) Charitable gift annuities

Allows a grants and annuities society that offers a charitable gift annuity to invest up to 50 percent of the reserve assets of that annuity in exchange-traded funds and mutual funds, as specified.

Chapter 253, Statutes of 2005

SB 381 (Denham-R) Variable annuities

Authorizes a grants and annuities society that is also licensed as a life and disability insurer to offer a variable annuity. In addition, eliminates certain related regulatory and reporting requirements.

Chapter 173, Statutes of 2005

SB 410 (Speier-D) Structured settlements

Provides that the consumer in a structured settlement transaction shall have the right to select an insurance producer and qualified funding asset provider after the defendant or insurer has agreed with the consumer on an amount that the defendant or insurer is willing to pay on a specific funding date, and prohibits the defendant or insurer from withdrawing an offer because the consumer has exercised this right. Imposes various requirements on producers who sell, solicit, and negotiate structured settlements.

(In Senate Judiciary Committee)

SB 487 (Cox-R) Life insurance

Authorizes the Insurance Commissioner (IC) to approve issuance of group life insurance policies to employer groups not specifically identified by statute, if the insurer or applicant proves specified conditions to the satisfaction of the IC.

Chapter 174, Statutes of 2005

SB 518 (Kehoe-D) Homeowners' insurance

Requires insurers to provide policyholders with a copy of their insurance policy within 30 calendar days from the policyholder's request, requires insurers to extend the additional living expense timeframe to 24 months after a declared state of emergency and makes various changes to the statutes governing insurance adjusters.

Double-joints with SB 2 (Speier-D).

Chapter 448, Statutes of 2005

SB 530 (Kehoe-D) Adverse underwriting decisions

Prevents an adverse underwriting decision against a real estate licensee for, generally speaking, "no-cost incidents" giving rise to a duty to notify an insurer under an acts and omissions policy, as specified.

(In Senate Banking, Finance and Insurance Committee)

SB 548 (Morrow-R) Master builders' risk insurance

Authorizes the Department of General Services to establish a Master Builders' Risk Insurance Program for all state construction projects. Requires a master insurance policy issued under the program to require a deductible from the contractor of at least $25,000.

Chapter 106, Statutes of 2005

SB 603 (Ortiz-D) Insurance: credit ratings

Prohibits the use of credit scores to underwrite homeowners', earthquake, and automobile insurance policies.

(In Assembly Insurance Committee)

SB 706 (Ortiz-D) Insurance Commissioner: enforcement

Makes various changes in the regulatory authority of the Department of Insurance by expanding the authority to suspend an employee of an insurer or a producer, to obtain recovery from private cause of action filed in the name of the Insurance Commissioner.

Chapter 380, Statutes of 2005

SB 717 (Maldonado-R) Insurance rates: intervention

Requires the Department of Insurance to publish annually, the total amount of funds paid to compensate persons for intervention participation, and specified information with respect to each person who initiates or intervenes in ratemaking proceedings.

(In Senate Banking, Finance and Insurance Committee)

SB 728 (Escutia-D) Title insurance

Establishes application requirements and procedures for obtaining and renewing a certificate of registration as a title solicitor, prohibits a person from marketing, offering, soliciting, negotiating, or selling title insurance in California unless that person holds a valid certificate of registration as a title solicitor and authorizes the Insurance Commissioner (IC) to adopt rules and regulations as necessary to administer the title solicitor registration program, and requires the IC to adopt regulations regarding certain expenditures made by title solicitors.

(On Senate Inactive File)

SB 745 (Scott-D) Title insurance

Provides that specified mergers involving a title insurer or underwritten title company may not be entered into unless the insurer or company has notified the Insurance Commissioner (IC) in writing of its intention to enter into the transaction at least 60 days prior thereto, or a shorter period as the IC may require, and the IC has not disapproved the proposed license within that period. Requires the IC to impose a fee, in an unspecified amount, for filing this notice. Exempts a licensed underwritten title company seeking a reissued license to add additional counties from various requirements regarding license qualifications and the submission of specified information to the IC if the licensee meets certain conditions.

(In Senate Banking, Finance and Insurance Committee)

SB 766 (Senate Veterans Affairs Committee) Life and disability insurance: veterans

Prohibits reserves from life or disability insurance coverage for purchases of Cal-Vet loans from being no more than 25 percent in excess of actuarial requirements plus the reasonable contingency reserve.

(In Senate Veterans Affairs Committee)

SB 815 (Ortiz-D) Substitute service of process

Authorizes substitute service of a summons on a defendant's insurance company if it is determined that the party to be served cannot be served in other manners, as specified. Provides, except as specified, that a plaintiff who elects to serve the defendant's insurer as a substitute for service by publication thereby waives any claim above the insured's policy limits.

(On Assembly Inactive File)

SB 938 (Dunn-D) Insurance agent-brokers

Creates new statutory obligations for commercial lines licensees with respect to their customers.

(In Senate Banking, Finance and Insurance Committee)

SB 1089 (Maldonado-R) Insurance Commissioner

Provides that, on and after January 9, 2007, no person who serves as the Insurance Commissioner may, within five years of leaving that office, serve as an officer, agent, or employee of an insurer or contract with an insurer, law firm, or other business to provide legal, consulting, or lobbying services on any matter before the Legislature or the Department of Insurance.

(In Senate Banking, Finance and Insurance Committee)

SB 1105 (Speier-D) Life insurance: travel

Prohibits, generally, a life insurance company from considering an applicant or policyholder's travel designation in underwriting the application or policy.

Chapter 446, Statutes of 2005

AB 122 (Spitzer-R) Family day care providers: insurance

Requires family day care providers to submit insurance-related affidavits to the Department of Social Services.

(In Assembly Appropriations Committee)

AB 242 (Vargas-D) Title companies

Permits underwritten title companies to be formed as limited liability corporations.

(In Senate Banking, Finance and Insurance Committee)

AB 243 (Vargas-D) Life insurance

Permits consumers and others with life insurance policies to sell their in-force policies to companies that wish to buy them, rather than merely allowing the policies to lapse or to be surrendered to the insurer.

(In Senate Banking, Finance and Insurance Committee)

AB 255 (Chavez-D) Life insurance: National Guard

Requires the Military Department to pay for life insurance, in a policy amount of $250,000, for every member of the California National Guard called to federal active duty.

(In Assembly Appropriations Committee)

AB 294* (Blakeslee-R) Life insurance: National Guard

Provides a refundable tax credit of up to $200, available for tax years 2005-2008, to members of the California National Guard on active duty for the amount paid by the member for life insurance premiums.

(In Assembly Appropriations Committee)

AB 527 (Levine-D) California Earthquake Authority

Expands the governing board of the California Earthquake Authority from three to five members by requiring the Speaker of the Assembly and the Chairperson of the Senate Rules Committee to each appoint one member to the governing board for a four-year term.

(In Assembly Appropriations Committee)

AB 544 (Vargas-D) Insurance solicitors

Permits an insurance solicitor to be employed by more than one fire and casualty broker-agent, provided that the employing broker-agents have entered into an agreement to determine on whose behalf the solicitor is working when dealing with new customers for purposes of assessing liability for the actions of the solicitor, and makes related changes.

Chapter 84, Statutes of 2005

AB 608 (Calderon-D) Life insurance

Requires any person who meets with seniors in the home to discuss the purchase of certain policies, as specified, to deliver a notice to the senior prior to the start of the meeting, and to submit the signed notice with the application for purchase of that policy. Provides that a life insurance policy or annuity with a face value of $15,000 or less, issued after January 1, 2006, shall contain a notice permitting the return of the policy within 30 days.

(In Senate Banking, Finance and Insurance Committee)

AB 687 (Jerome Horton-D) Insurance investments

Prohibits the Insurance Commissioner from, directly or indirectly, requiring an insurer to make an investment that is not authorized by specified provisions of law and, unless expressly permitted by statute, by (1) the rules and regulations regarding investments by domestic incorporated insurers in effect on the effective date of this bill, and (2) the investment standards adopted by the National Association of Insurance Commissioners.

(In Assembly Insurance Committee)

AB 729 (Koretz-D) Broker-agents

Changes security requirements for a broker-agent licensee specific penalties for helping others to cheat on examination for an insurance broker-agent license, creates new licensee obligations to reply to inquiries from the Insurance Commissioner related to licensing or consumer complaints, and makes related changes.

Chapter 312, Statutes of 2005

AB 817 (Matthews-D) Insurance Guarantee Association

Permits the California Insurance Guarantee Association (CIGA) to pay covered workers' compensation claims of self-insured private and public employers when the reinsurer of the employer becomes insolvent up to a specified amount and authorizes CIGA to request a specified report.

Chapter 395, Statutes of 2005

AB 873 (Bogh-R) Homeowners' insurance

Requires an insurer to provide an insured with a copy of his/her homeowners' insurance policy within 30 days of receiving a request from the insured, or when a state of emergency has been declared by the Governor or President.

Chapter 397, Statutes of 2005

AB 925 (Ridley-Thomas-D) Insurance: community investments

Requires each insurer to have community development investments in certain amounts.

(In Assembly Insurance Committee)

AB 975 (Nunez-D) Insurance brokers

Requires an insurance broker to have access to two or more insurance markets not under common control and prohibits an insurance broker from holding himself/herself out as the representative of any insurance company. Increases the amount of the bond to $25,000 for a fire and casualty broker-agent.

(In Assembly Insurance Committee)

AB 994 (Sharon Runner-R) Department of Insurance investigators

Provides that Department of Insurance (DOI) investigators designated by the Insurance Commissioner, rather than the Chief of DOI's Bureau of Fraudulent Claims, are peace officers, provided that the primary duty of those investigators is enforcement of fraudulent claims and other laws specified in this bill regulating persons and businesses licensed by DOI.

(Vetoed by the Governor)

AB 1043 (Harman-R) Unearned premiums

Clarifies insurer, agent, and broker duties when refunding an unearned premium to an insured.

Chapter 321, Statutes of 2005

AB 1055 (Calderon-D) Regulation of insurance rates

Requires that, in considering investment income, the Insurance Commissioner take into account the actual rate of return that a particular insurer has earned on its investment.

(In Assembly Insurance Committee)

AB 1123 (Wyland-R) Insurers: liability

Extends the current protection against liability afforded to insurers for good faith communications involving the cancellation of policies to additionally cover good faith communications involving the nonrenewal of policies made by insurers issuing professional liability insurance to health care providers.

Chapter 327, Statutes of 2005

AB 1183 (Vargas-D) Insurance fraud

Updates provisions in the Insurance Code to accurately reflect the current organizational structure of the Department of Insurance. Extends the sunset date for fees imposed on insurers that are used to fund consumer functions, the Department of Insurance (DOI) Fraud Division, and the Organized Automobile Fraud Activity Interdiction Program. Allows DOI and the Department of Motor Vehicles to propose that up to $0.05 of the $0.10 fee levied against insurers be used for the purpose of informing consumers about the existence of any low-cost automobile insurance program.

Chapter 717, Statutes of 2005

AB 1424 (Saldana-D) Surplus lines insurance brokers

Provides that surplus lines insurance brokers are subject to the same tax collection and lien provision as other insurers. It also prohibits a final discharge in bankruptcy proceedings or a decree of dissolution until all taxes, interest, penalties and costs are paid. Surplus lines brokers are those brokers who are licensed to sell specialized lines of insurance that other brokers do not typically offer.

Chapter 231, Statutes of 2005

AB 1634 (McCarthy-R) Insurance: notice

Specifies the means by which a person may demonstrate compliance with the provisions of law governing notices given to persons by mail.

(In Senate Banking, Finance and Insurance Committee)

AB 1640 (Saldana-D) Insurance claims information

Requires specific insurers who issue insurance policies for residential property to disclose to insureds that they report claims history or loss experience to insurance-support organizations. Provides specific language and details for the disclosure and provides information for the insured to receive the report. Becomes operative July 1, 2006.

Chapter 433, Statutes of 2005

AB 1661 (Jerome Horton-D) Financial guaranty insurance

Revises and recasts the provisions of law regulating financial guaranty insurance.

Chapter 412, Statutes of 2005

AB 1760 (Assembly Insurance Committee) Omnibus insurance bill

The annual Department of Insurance cleanup bill, makes changes to the Insurance Code relating to long-term care insurance, trust agreements and deposits, letters of credit, securities valuation, annual reporting requirements, and report confidentiality.

Chapter 415, Statutes of 2005

AB 1761 (Assembly Insurance Committee) Insolvent insurance

Provides that specified collateral is not considered an asset of the estate of an insolvent insurer.

Chapter 95, Statutes of 2005

HR 14 (Vargas-D) Terrorism risk insurance

Places the Assembly on record in support of extending the Terrorism Risk Insurance Act and for inclusion of group life insurance in any extension legislation.

(In Assembly Insurance Committee)

HR 19 (Vargas-D) Life Insurance Awareness Month

Places the Assembly on record in the observance of September 2005, as Life Insurance Awareness Month.

Adopted by the Assembly

Index (in Bill Order)