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Government Affairs
 

Legislative Update

as of 7/31/2010

  AB 176 (Silva R)  Maintenance of the codes.
  Current Text: Chaptered: 8/6/2009   pdf   html
  Introduced: 2/2/2009
  Last Amend: 5/6/2009
  Status: 8/6/2009-Chaptered by Secretary of State - Chapter 88, Statutes of 2009.
  Summary: Existing law establishes the California Law Revision Commission. Existing law authorizes the commission to recommend changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law and bring the law into harmony with modern conditions. Existing law requires the commission to file a report at each regular session of the Legislature containing a calendar of topics selected by the commission for study, which is subject to approval by concurrent resolution of the Legislature. Existing law authorizes the commission to recommend revisions to correct technical or minor defects in the statutes without the prior concurrent resolution of the Legislature referring the matter to it for study. This bill would make changes to the terms used to describe recording technology to effectuate the recommendations of the commission. The bill would make additional technical, nonsubstantive changes.
  AB 470 (Niello R)  Insurance information: confidentiality.
  Current Text: Chaptered: 8/6/2009   pdf   html
  Introduced: 2/24/2009
  Status: 8/6/2009-Chaptered by Secretary of State - Chapter 112, Statutes of 2009.
  Summary: Existing law prohibits insurance institutions, agents, or insurance-support organizations from disclosing personal or privileged information collected in connection with an insurance transaction unless a specified exception applies. This bill would authorize the disclosure of information from an accident report, supplemental report, or investigative report to an insured's lawyer if the insured is otherwise entitled to obtain the report, as specified.
  AB 679 (Garrick R)  Insurance: adverse underwriting decisions.
  Current Text: Introduced: 2/26/2009   pdf   html
  Introduced: 2/26/2009
  Status: 1/22/2010-Failed Deadline pursuant to Rule 61(b)(2). (Last location was 2 YEAR on 6/8/2009)
  Summary: Existing law requires an insurance company or agent to provide an applicant or policyholder the reasons for an adverse underwriting decision in writing or to advise him or her orally that he or she may receive the reasons in writing if he or she so requests. This bill would, instead, state that if the insurance company or agent chooses to give the oral advisement, the advisement must be that the applicant or policyholder will receive the reasons in writing if he or she requests.
  AB 725 (Jones D)  Auto insurance: low-cost automobile insurance.
  Current Text: Vetoed: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 6/22/2009
  Status: 10/11/2009-Vetoed by the Governor
  Summary: Existing law establishes, within the California Automobile Assigned Risk Plan, a low-cost automobile insurance program. Existing law establishes the low-cost automobile insurance program in several specified counties and makes the expansion to all other counties in California subject to a determination of need made by the Insurance Commissioner following a public meeting, as specified. Existing law provides for the issuance of automobile liability policies pursuant to this program under specified terms and conditions, and provides that a policy so issued satisfies specified requirements regarding financial responsibility. Existing law provides that the low-cost automobile insurance program shall remain in effect only until January 1, 2011. This bill would name the program the "Martha Escutia and Jackie Speier low-cost automobile insurance program." This bill contains other related provisions.
  AB 746 (Coto D)  Conflicts of interest.
  Current Text: Amended: 6/9/2010   pdf   html
  Introduced: 2/26/2009
  Last Amend: 6/9/2010
  Status: 7/2/2010-Failed Deadline pursuant to Rule 61(b)(13). (Last location was L. GOV. on 6/9/2010)
  Summary: Existing law prohibits specified state and local officers and employees from being financially interested in any contract made by them in their official capacity, or by any board or body of which they are members; however, an officer or employee is not deemed to be interested in a contract if his or her interest meets specified criteria. This bill would provide that an independent contractor shall not be deemed to be interested in a contract as a result of the independent contractor's preparation, at the request of a governmental entity, of a document that serves a purpose independent of the contract or other specified documents.
  AB 784 (Gaines R)  Insurance transactions: nonadmitted insurers.
  Current Text: Amended: 4/20/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 4/20/2009
  Status: 1/22/2010-Failed Deadline pursuant to Rule 61(b)(2). (Last location was 2 YEAR on 6/8/2009)
  Summary: Existing law regulates the business of insurance and prohibits persons from transacting any class of insurance within this state without first being admitted for that class and makes a violation of that prohibition a crime. This bill would provide that a nonadmitted insurer that is affiliated with a California domestic insurer shall not be deemed to be transacting insurance in California as long as all California business written by the nonadmitted insurer is transacted by and through a surplus lines broker licensed in California. The bill would also authorize a nonadmitted insurer to receive administrative services rendered in California by its California domestic insurer affiliate or any other affiliate as long as the administrative services do not relate to the placement or transaction of any California risk or constitute management of the nonadmitted insurer. The bill would also permit a nonadmitted insurer and its California domestic affiliate to have common directors and officers as long as the nonadmitted insurer maintains a resident operating manager in its home state, as specified.
  AB 800 (Duvall R)  Insurance omnibus.
  Current Text: Chaptered: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 7/15/2009
  Status: 10/11/2009-Chaptered by the Secretary of State, Chapter Number 254, Statutes of 2009
  Summary: Existing law regulates the licensing and the renewal of licensing of insurance agents, adjusters, and brokers by specifying who is eligible for a license and the requirements for applying for or renewing a license. This bill would state that a person under 18 years of age is not eligible to apply for certain specified licenses. This bill would require the use of electronic forms of application for certain licenses and, except as specified would authorize the commissioner to electronically deliver forms to renew certain licenses to licensees, as specified. This bill would require a person applying for certain insurance licenses to supply the commissioner with his or her e-mail address, in addition to a mailing address, as specified. This bill contains other related provisions and other existing laws.
  AB 866 (Niello R)  California Earthquake Authority.
  Current Text: Chaptered: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 5/12/2009
  Status: 10/11/2009-Chaptered by the Secretary of State, Chapter Number 480, Statutes of 2009
  Summary: Existing law requires the California Earthquake Authority to issue policies of basic residential earthquake insurance to any owner of a qualifying residential property, as specified. The California Earthquake Authority is required to annually report, by May 1, to the Legislature and the Insurance Commissioner on the authority's conditions and affairs, as specified. This bill would require the California Earthquake Authority to make the annual report by August 1 and would require that the report be posted on the authority's Internet Web site.
  AB 906 (Hill D)  Conflict of interest: remote interest in a contract.
  Current Text: Chaptered: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 7/9/2009
  Status: 10/11/2009-Chaptered by the Secretary of State, Chapter Number 488, Statutes of 2009
  Summary: Existing law prohibits Members of the Legislature, and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law defines what is a remote interest in a contract that does not present a prohibited conflict of interest under these provisions. This bill would revise the definition of "remote interest" to include the interest of a person who is both a member of a state, county, district, judicial district, or city body or board, and an officer or employee of an investor-owned utility in a contract related to energy efficiency encouragement programs, under specified conditions. This bill contains other related provisions.
  AB 952 (Krekorian D)  Health information: disclosure: Taft-Hartley plans.
  Current Text: Chaptered: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 7/23/2009
  Status: 10/11/2009-Chaptered by the Secretary of State, Chapter Number 493, Statutes of 2009
  Summary: Existing law, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance and, among other things, requires the Secretary of the United States Department of Health and Human Services to publicize the standards for the electronic exchange, privacy, and security of protected health information, as defined. This bill would authorize a health care provider or a health care service plan to disclose medical information to a specified type of employee welfare benefit plan formed under the Taft-Hartley Act, or to an entity contracting with that employee welfare benefit plan, as specified, if, among other requirements, the disclosure is for a specified purpose, is made pursuant to a request accompanied by a written authorization for the release of the information, as specified, and is authorized by and made in a manner consistent with HIPAA. By changing the definition of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
  AB 953 (Eng D)  Department of Motor Vehicles: records: confidentiality.
  Current Text: Amended: 7/15/2010   pdf   html
  Introduced: 2/26/2009
  Last Amend: 7/15/2010
  Status: 7/15/2010-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
  Summary: Existing law requires the residence address in a record of the Department of Motor Vehicles to be kept confidential, with specified exceptions. One exception applies to an insurance company when the company requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with the company's insured. This bill would expand this exception to include an authorized contractor acting on behalf of an insurance company pursuant to a contractual agreement. This bill would require that, among other things, all information obtained from the department by an authorized contractor of an insurance company be subject to the use or disclosure limitations and data security requirements that exist for any principal under applicable state and federal law. The bill would require an insurance company to be responsible for any misuse of the information by the contractor. The bill would also subject the contractor to, among other things, the requirement that the information obtained from the department be destroyed once the contractor has used the information for the authorized purpose.
  AB 989 (Block D)  Senior insurance: actions against insurers.
  Current Text: Introduced: 2/27/2009   pdf   html
  Introduced: 2/27/2009
  Status: 1/31/2010-Failed Deadline pursuant to Rule 61(b)(3). (Last location was INS. on 12/11/2009)
  Summary: Existing law generally regulates insurance transactions with persons 65 years of age and older. Under existing law, the Insurance Commissioner has the administrative authority to bring actions against insurers who violate those provisions and the Attorney General, district attorney, and city attorney have the authority to bring actions for injunctive relief, damages, and penalties, as specified, against insurers who violate those provisions. This bill would state that any person who is harmed as a result of a violation of those provisions may bring a civil action for compensatory damages and any other remedies otherwise provided by law.
  AB 1054 (Coto D)  Motor vehicle insurance: rates.
  Current Text: Amended: 1/11/2010   pdf   html
  Introduced: 2/27/2009
  Last Amend: 1/11/2010
  Status: 1/31/2010-Failed Deadline pursuant to Rule 61(b)(3). (Last location was INACTIVE FILE on 1/27/2010)
  Summary: Existing regulations require the Insurance Commissioners to calculate an efficiency standard, or defined in connection with setting insurance rates pursuant to Proposition 103, approved by voters in the November 8, 1988, statewide general election . This bill would exclude expenses paid to credit card issuers by the insurer as a result of premiums paid by credit card from the calculation to determine the insurer's efficiency standard. This bill contains other related provisions.
  AB 1117 (Fuentes D)  State Compensation Insurance Fund: board.
  Current Text: Chaptered: 8/6/2009   pdf   html
  Introduced: 2/27/2009
  Last Amend: 6/28/2009
  Status: 8/6/2009-Chaptered by Secretary of State - Chapter 136, Statutes of 2009.
  Summary: Existing law establishes the State Compensation Insurance Fund to be administered by a board of directors for the purpose of transacting workers' compensation insurance and other public employment related insurances, as specified. Under existing law, the members of the board are prohibited from having a financial conflict of interest, as defined. This bill would provide that, for purposes of board actions affecting generally applicable rates, a member of the board of directors shall not be deemed to have a financial interest, as defined in the Political Reform Act of 1974 and pursuant to specified government contracting conflict of interest provisions, in a contract of insurance between the State Compensation Insurance Fund and an organization of which any member of the board of directors is an owner, officer, or employee. This bill contains other related provisions.
  AB 1164 (Tran R)  Maintenance of the codes.
  Current Text: Chaptered: 8/6/2009   pdf   html
  Introduced: 2/27/2009
  Last Amend: 6/1/2009
  Status: 8/6/2009-Chaptered by Secretary of State - Chapter 140, Statutes of 2009.
  Summary: Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes. This bill would make nonsubstantive changes in various provisions of law to effectuate the recommendations made by the Legislative Counsel to the Legislature.
  AB 1179 (Jones D)  Motor vehicle insurance: damage assessments.
  Current Text: Chaptered: 8/6/2009   pdf   html
  Introduced: 2/27/2009
  Last Amend: 4/27/2009
  Status: 8/6/2009-Chaptered by Secretary of State - Chapter 141, Statutes of 2009.
  Summary: Existing law generally regulates the conduct of motor vehicle insurers relative to insureds or claimants. Under existing law, insurers are required to provide each insured with an Auto Body Repair Consumer Bill of Rights containing specified information relating to the rights of insureds relative to covered auto body repairs. This bill would require that information regarding a consumer's right to seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of that vehicle, be included in the Auto Body Repair Consumer Bill of Rights.
  AB 1200 (Hayashi D)  Motor vehicle insurance: direct repair programs.
  Current Text: Chaptered: 10/11/2009   pdf   html
  Introduced: 2/27/2009
  Last Amend: 8/18/2009
  Status: 10/11/2009-Chaptered by the Secretary of State, Chapter Number 387, Statutes of 2009
  Summary: Existing law prohibits insurers from requiring that an automobile be repaired at a specific automotive repair dealer. Under existing law, an insurer may suggest or recommend a specific automotive repair dealer under certain specified circumstances. This bill would authorize an insurer to provide a claimant with specific truthful and nondeceptive information regarding the services and benefits available to the claimant during the claims process, as specified, and would make related and conforming changes.
  AB 1352 (Blakeslee R)  Insurance: agents and brokers: continuing education.
  Current Text: Introduced: 2/27/2009   pdf   html
  Introduced: 2/27/2009
  Status: 1/22/2010-Failed Deadline pursuant to Rule 61(b)(2). (Last location was 2 YEAR on 6/8/2009)
  Summary: Existing law establishes the requirements and standards for continuing education programs for specified insurance agents and brokers. This bill would make technical, nonsubstantive changes to that provision.
  AB 1413 (Coto D)  Medi-Cal: waiver or demonstration project: chronic disease self-management programs.
  Current Text: Amended: 6/16/2010   pdf   html
  Introduced: 2/27/2009
  Last Amend: 6/16/2010
  Status: 6/21/2010-Withdrawn from committee. Re-referred to Com. on RLS.
  Summary: Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. This bill would require the stakeholder committee to assess the current rate of use of chronicdisease self-management programs among Medi-Cal beneficiaries and identify opportunities to promote more widespread use of those programs. This bill contains other existing laws.
  AB 1543 (Jones D)  Medicare supplement coverage.
  Current Text: Chaptered: 7/2/2009   pdf   html
  Introduced: 3/4/2009
  Last Amend: 6/23/2009
  Status: 7/7/2009-Chaptered by Secretary of State - Chapter No. 10, Statutes of 2009
  Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act), provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires plans and insurers that issue Medicare supplement contracts or policies, as defined, to comply with specified requirements. This bill would make those conforming changes and would adopt the modernization changes made in the model law developed by the National Association of Insurance Commissioners. This bill contains other related provisions and other existing laws.
  ABX1 8 (Committee on Budget)  Department of Corrections and Rehabilitation.
  Current Text: Vetoed: 1/6/2009   pdf   html
  Introduced: 12/8/2008
  Last Amend: 12/18/2008
  Status: 1/6/2009-Vetoed by Governor. VETOED
  Summary:  Existing law establishes certain values for determining if theft or certain other property crimes are punishable as felonies or not. Existing law provides that for many of these crimes, the threshold is $400, while the thresholds for certain other crimes are $100, $200, and $1,000, as specified. This bill would increase those thresholds uniformly; for example by increasing the $400 threshold to $950. This bill contains other related provisions and other existing laws.
  SB 98 (Calderon D)  Life insurance: contracts and viatical settlements.
  Current Text: Chaptered: 10/11/2009   pdf   html
  Introduced: 1/26/2009
  Last Amend: 6/30/2009
  Status: 10/11/2009-Chaptered by the Secretary of State, Chapter Number 343, Statutes of 2009
  Summary: Existing law establishes when an interest, with respect to life and disability insurance, is insurable. This bill would provide that trusts and special purpose entities, as specified, where one or more beneficiaries of these trusts or special purpose entities do not have an insurable interest in the life of the insured, violate the insurable interest laws and the prohibition against wagering on life. The bill would also provide that any device, scheme, or artifice designed to give the appearance of an insurable interest, where there is no insurable interest, violates the insurable interest laws. This bill contains other related provisions and other existing laws.
  SB 119 (Wyland R)  Professional liability insurance: insurers: bad faith.
  Current Text: Chaptered: 8/6/2009   pdf   html
  Introduced: 2/2/2009
  Last Amend: 5/12/2009
  Status: 8/6/2009-Chaptered by Secretary of State - Chapter No. 30, Statutes of 2009
  Summary: Existing law prohibits the bringing of an action against an insurer issuing professional liability insurance policies to health care providers for statements made in bad faith unless the statement was made under a specified circumstance. Under existing law, that provision is repealed as of January 1, 2011, unless another statute deletes or extends that date. This bill would extend that date to January 1, 2013.
  SB 238 (Calderon D)  Prescription drugs.
  Current Text: Amended: 4/23/2009   pdf   html
  Introduced: 2/24/2009
  Last Amend: 4/23/2009
  Status: 1/15/2010-Failed Deadline pursuant to Rule 61(b)(1). (Last location was 2 YEAR on 5/1/2009)
  Summary:  (1) The of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as expressly authorized by the patient, enrollee, or subscriber, as specified, or as otherwise required or authorized by law. Violations of these provisions are subject to a civil action for compensatory and punitive damages, and, if a violation results in economic loss or personal injury to a patient, it is punishable as a misdemeanor. This bill would, under those provisions, allow a pharmacy to mail specified written communications to a patient, without the patient's authorization under specified conditions. Those conditions include, among other things, that the communication be written in the same language as the prescription label, that it instruct the patient when to contact the health care professional, that it shall pertain only to the prescribed course of medical treatment, that it may not mention any other pharmaceutical products, that it shall be limited to specified diseases, that further written communication may not be provided under certain circumstances, that a copy of each version shall be submitted to the federal Food and Drug Administration, that it shall include specified disclosures regarding whether the pharmacy receives direct or indirect remuneration for making that written communication, and that the patient shall receive an opportunity to opt out of the written communication. This bill contains other related provisions and other existing laws.
  SB 350 (Yee D)  Aftermarket crash parts.
  Current Text: Amended: 6/15/2010   pdf   html
  Introduced: 2/25/2009
  Last Amend: 6/15/2010
  Status: 7/2/2010-Failed Deadline pursuant to Rule 61(b)(13). (Last location was B. & P. on 3/8/2010)
  Summary: Existing law prohibits an insurer from requiring the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured's motor vehicle unless the consumer is advised in a written estimate before repairs are made that nonoriginal equipment manufacturer aftermarket crash parts will be used. This bill would in addition prohibit the use of nonoriginal equipment manufacturer aftermarket crash parts unless specified requirements are met, including that those parts are at least equal to the original equipment manufacturer parts in terms of kind, quality, safety, fit, and performance; the insurer so warrants; the insurer pays the cost of any modifications to those parts necessary to effect the repair; and all original and nonoriginal equipment manufacturer aftermarket crash parts, manufactured on or after January 1, 2011, when supplied by auto body repair shops contain specified identification.
  SB 396 (Calderon D)  Insurance Commissioner: reports.
  Current Text: Vetoed: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 7/9/2009
  Status: 10/11/2009-Vetoed by the Governor
  Summary: Existing law requires the commissioner, on or before the first day of August to make a report to the Governor, the Legislature, and the committees of the Senate and Assembly having jurisdiction over insurance containing a tabular statement and synopsis showing the general condition of insurance, and related matters, in this state. This bill would require the commissioner to include in this report information, by license type, relating to the number of first-time insurance license examinees who passed the exam, their overall pass rate, the total number of examinations, the mean examination score for examinees, and, for license types with an overall pass rate of less than 65%, ethnicity/race, gender, and level of education data for applicants, as specified.
  SB 397 (Calderon D)  Life insurance.
  Current Text: Vetoed: 10/11/2009   pdf   html
  Introduced: 2/26/2009
  Last Amend: 9/1/2009
  Status: 10/11/2009-Vetoed by the Governor
  Summary:  Existing law regulates the sale of life insurance to seniors, including annuities, as specified. Existing law requires a person who meets with a senior in the senior's home regarding the sale of life insurance to deliver a notice in writing to the senior no less than 24 hours prior to that individual's meeting, and to abide by other restrictions regarding contacting the senior in the senior's home. This bill would specify that the above notice could be provided at the time of the meeting in the senior's home and that the other provisions do not apply if the meeting concerns the sale of life insurance designated by the purchaser as payment for funeral and burial expenses, the life insurance policy has an initial face amount of $15,000 or less, the policy provides a "free look" period in which the purchaser has 60 days to cancel the policy and be refunded payments made, and the seller is licensed, as specified. The bill would require the issuer of one of these policies exempted from the provisions requiring 24-hour advance notice and related requirements to provide a written notice of the purchase and the 60-day right of cancellation with specified content to the senior and certain other persons, except as specified. This bill contains other related provisions and other existing laws.
  SB 796 (Alquist D)  Health care coverage: continuation coverage.
  Current Text: Introduced: 2/27/2009   pdf   html
  Introduced: 2/27/2009
  Status: 1/15/2010-Failed Deadline pursuant to Rule 61(b)(1). (Last location was 2 YEAR on 5/1/2009)
  Summary: Existing law provides for licensing and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for licensing and regulation of health insurers by the Insurance Commissioner. A willful violation of provisions governing health care service plans is a crime. This bill would delete the requirement that a person must elect and exhaust COBRA or Cal-COBRA coverage in order to qualify for access to individual health care coverage as a federally eligible defined individual under HIPAA. By modifying the requirements applicable to health care service plans, the bill would change the definition of a crime and would thereby impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Total Measures: 28

Total Tracking Forms: 28

7/31/2010 2:45:07 PM
 
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