State Net | Legislative Private File Status Report



2007 List of Chaptered Insurance-Related Legislation | |

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|CA AB 12 |AUTHOR: |

| |Beall (D) |

| | |

| |TITLE: |

| |Adult Health Coverage Program: Santa Clara County |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/14/2007 |

| | |

| |CHAPTER: |

| |677 |

| | |

| |SUMMARY: |

| | |

| | |

| |Creates the Adult Health Coverage Program as a pilot program in Santa Clara County that would be administered by a local initiative, at |

| |the initiative's option, to provide health care coverage to eligible employees of a small business that participates in the program, not|

| |to exceed a specified amount of employees in the county. Provides program funds through employer contributions and employee premiums , |

| |and any county, state, private sector or federal funds. Provides for a program evaluation. |

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|CA AB 522 |AUTHOR: |

| |Duvall (R) |

| | |

| |TITLE: |

| |Nonadmitted Insurers |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |07/27/2007 |

| | |

| |CHAPTER: |

| |134 |

| | |

| |SUMMARY: |

| | |

| | |

| |Relates to surplus lines brokers soliciting nonadmitted insurers. Extends existing law that specifies duties of nonadmitted insurers and|

| |surplus line brokers transacting business, gives applicants and policyholders the right to notice of the power to cancel the policy |

| |under specified circumstances, and notice that the broker fee must be returned and that the premium be prorated when a policy is |

| |canceled and imposes a similar requirement with respect to person insurance and associated umbrella policies. |

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|CA AB 720 |AUTHOR: |

| |De Leon (D) |

| | |

| |TITLE: |

| |Insurance: Licenses |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/05/2007 |

| | |

| |CHAPTER: |

| |270 |

| | |

| |SUMMARY: |

| | |

| | |

| |Authorizes a life insurance licensee to act as a life agent on behalf of a life insurer or a disability insurer to transact life |

| |insurance, accident and health insurance, or life and accident and health insurance. Provides for a life agent license to transact |

| |insurance on human lives including benefits of endowment and annuities, and a license to transact accident and health coverage. Requires|

| |the applicants for these licenses to meet the requirement for a permanent license. Reduces education requirements. |

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|CA AB 796 |AUTHOR: |

| |Assembly Insurance Committee |

|CDI | |

|SPONSORED |TITLE: |

| |Insurance |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |07/27/2007 |

| | |

| |CHAPTER: |

| |138 |

| | |

| |SUMMARY: |

| | |

| | |

| |Relates to adding another level of Total Adjusted Capital with respect to insurers comprehensive financial plan that is filed with the |

| |Insurance Commissioner, the marketability of securities held by inadmitted insurers in order to qualify for coverage from a surplus |

| |lines broker, the capital and surpluses of Insurance Exchanges, the charging of additional premiums and deductibles for earthquake |

| |insurance, and the definition of credit default swap as it relates to financial guaranty insurance. |

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|CA AB 797 |AUTHOR: |

| |Coto (D) |

| | |

| |TITLE: |

| |Insurance Agents |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/05/2007 |

| | |

| |CHAPTER: |

| |271 |

| | |

| |SUMMARY: |

| | |

| | |

| |Adds a limited lines automobile insurance agent to the existing type of agent licensees. Requires candidates for such license to undergo|

| |a certain number of hours of prelicensing study as a prerequisite. Provides that the insurance curriculum board may approve standards |

| |for courses in business management practices for license renewal requirements. Requires the passing of an examination for such agents to|

| |sell additional types of insurance. Makes certain education requirements for license renewal. |

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|CA AB 812 |AUTHOR: |

| |Hernandez (D) |

| | |

| |TITLE: |

| |Workers' Compensation: Audits |

| | |

| |ENACTED: |

| |10/13/2007 |

| | |

| |CHAPTER: |

| |615 |

| | |

| |SUMMARY: |

| | |

| | |

| |Amends existing law that workers' compensation insurers generally perform a payroll verification audit to compare the actual premium to |

| |the estimated premium. Provides that if an employer fails to provide for access by the insurer or its authorized representative to its |

| |records, to enable the insurer to perform an audit, the employer shall be liable to pay to the carrier a total premium for the policy |

| |equal to 3 times the insurer's then-current estimate of the annual premium and for other costs. |

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|CA AB 895 |AUTHOR: |

| |Aghazarian (R) |

| | |

| |TITLE: |

| |Health Care Coverage: Dental Care |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |07/30/2007 |

| | |

| |CHAPTER: |

| |164 |

| | |

| |SUMMARY: |

| | |

| | |

| |Requires a health care service plan or a specialized health care service plan contract covering dental services or a disability insurer |

| |that issues a dental policy, to declare coordination of benefits policy, prominently in its evidence of coverage documents or in its |

| |contracts or policies. Requires an enrollee's or insured's primary dental benefit plan to pay the maximum amount required under the |

| |contract or policy. Requires a secondary plan or insurer to pay the lesser amount. |

| | |

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|CA AB 910 |AUTHOR: |

| |Karnette (D) |

| | |

| |TITLE: |

| |Disabled Persons: Support and Health Care Coverage |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/13/2007 |

| | |

| |CHAPTER: |

| |617 |

| | |

| |SUMMARY: |

| | |

| | |

| |Provides a health care service plan and a health insurer coverage of a dependent child shall not terminate upon attaining the limiting |

| |age, if the child is and continues to be incapable of self-sustaining employment by reason of a physically or mentally disabling injury,|

| |illness, or condition. Requires the plan and insurer to notify the subscriber or insured before the dependent child attains the limiting|

| |age. Requires, after a change in carriers, the new plan or insurer continue dependent child coverage. |

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|CA AB 1008 |AUTHOR: |

| |Calderon C (D) |

| | |

| |TITLE: |

| |Insurance: Vehicle Service Contracts |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/08/2007 |

| | |

| |CHAPTER: |

| |326 |

| | |

| |SUMMARY: |

| | |

| | |

| |Changes the definition of vehicle service contract to include only those agreements that have a term of at least one year that promise |

| |routine maintenance, and agreements to promise repair or replacement of a tire, wheel, or glass. Provides that a vehicle service |

| |contract may include any or all specified benefits. Provides that an obligor of parent company may establish that it possesses a |

| |specified net worth in lieu of filing an insurance policy and must meet the obligor's contract obligations.. |

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|CA AB 1298 |AUTHOR: |

| |Jones (D) |

| | |

| |TITLE: |

| |Personal Information: Disclosure |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/14/2007 |

| | |

| |CHAPTER: |

| |699 |

| | |

| |SUMMARY: |

| | |

| | |

| |Applies the prohibitions of the Confidentiality of Medical Information Act to any business organized for the purpose of maintaining |

| |medical information to allow an individual to manage his or her information or for treatment or diagnosis. Permits a consumer reporting |

| |agency to disclose public record information lawfully obtained from an open public record to the extent permitted by law. Adds medical |

| |and health insurance information to data that constitutes information that would require breach disclosure. |

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|CA AB 1324 |AUTHOR: |

| |De La Torre (D) |

| | |

| |TITLE: |

| |Health Care Coverage: Treatment Authorization |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/14/2007 |

| | |

| |CHAPTER: |

| |702 |

| | |

| |SUMMARY: |

| | |

| | |

| |Amends existing law that provides a health care service plan or insurer that authorizes a specific treatment by a health care provider |

| |can not rescind authorization after the provider renders the service in good faith pursuant to the authorization. Specifies that a |

| |health insurer is precluded from rescinding its authorization for any reason, including subsequent rescission, cancellation, or |

| |modification of the contract or subsequent determination that it did not make an accurate eligibility determination. |

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|CA AB 1364 |AUTHOR: |

| |Benoit (R) |

| | |

| |TITLE: |

| |Workers' Compensation |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |07/20/2007 |

| | |

| |CHAPTER: |

| |117 |

| | |

| |SUMMARY: |

| | |

| | |

| |Provides if the workers' compensation insurer provides a required deposit in order to business in the state is domiciled in a state |

| |where the state law provides that with respect to claims, the deductible amount paid by a guarantee association after the entry of an |

| |order of liquidation under large deductible policies, any part of the reimbursement proceeds are general assets of the estate, then the |

| |amount of the insurer's deposit shall be calculated based on the a specified formula. |

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|CA AB 1401 |AUTHOR: |

| |Aghazarian (R) |

|CDI | |

|SPONSORED |TITLE: |

| |Insurance Fraud: Assessments |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/08/2007 |

| | |

| |CHAPTER: |

| |335 |

| | |

| |SUMMARY: |

| | |

| | |

| |Relates to existing law that provides that the costs of administration and operation of the Fraud Division are to be borne by all of the|

| |insurers admitted to transact business in the state. Requires an insurer to pay an annual special purpose assessment to be used |

| |exclusively for the support of the Fraud Division. Provides all moneys from the assessment will be deposited to the credit of the |

| |Insurance Fund. Requires a report on the Insurance Department's Web site on specified information. |

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|CA AB 1639 |AUTHOR: |

| |Duvall (R) |

|CDI | |

|SPONSORED |TITLE: |

| |Insurance: Licensing |

| | |

| |ENACTED: |

| |07/20/2007 |

| | |

| |CHAPTER: |

| |122 |

| | |

| |SUMMARY: |

| | |

| | |

| |Provides that a insurance provider may not use its own self-study course toward its continuing education requirement for licensure. |

| |Provides that the fee for application for a surplus line broker's license shall be paid every 2 years. Requires every applicant for a |

| |surplus lines business entity license, to provide the names of all persons who may exercise the power and perform the duties under the |

| |license. Requires such licensed organization to notify the Insurance Commissioner of any changes. |

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|CA AB 1699 |AUTHOR: |

| |Duvall (R) |

| | |

| |TITLE: |

| |Insurance: Surplus Line Brokers' Fees |

| | |

| |URGENCY CLAUSE: |

| |yes |

| | |

| |ENACTED: |

| |06/13/2008 |

| | |

| |CHAPTER: |

| |29 |

| | |

| |SUMMARY: |

| | |

| | |

| |Increases the filing fee for a licensee to act as a surplus line broker and an individual licensed as a surplus line broker who only |

| |transacts on behalf of a surplus line broker organization. Authorizes the Insurance Department to collect the fees. Repeals licensure |

| |requirement for individual surplus lines brokers. Provides for surplus line broker training. Requires that each person who is |

| |responsible for the discharge of licensee duties at each surplus line brokers office be licensed. |

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|CA SB 192 |AUTHOR: |

| |Ducheny (D) |

| | |

| |TITLE: |

| |Mexican Prepaid Health Plans |

| | |

| |ENACTED: |

| |09/10/2007 |

| | |

| |CHAPTER: |

| |196 |

| | |

| |SUMMARY: |

| | |

| | |

| |Amends existing law that requires that a Mexican health care service plan offer and sell only employer sponsored group plan contracts |

| |solely for Mexican nationals legally employed in San Diego and Imperial Counties and their dependents for services provided in Mexico. |

| |Continues the licensure conditions, restricting a plan's coverage to nationals employed in those counties and their dependents. Requires|

| |as a licensure condition, that a plan employ or designate a medical director. |

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|CA SB 316 |AUTHOR: |

| |Yee (D) |

| | |

| |TITLE: |

| |Insurance |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/10/2007 |

| | |

| |CHAPTER: |

| |431 |

| | |

| |SUMMARY: |

| | |

| | |

| |Deletes workers' compensation insurance from insurer requirements to maintain minimum reserves for outstanding losses and loss expenses |

| |for various coverages included in the lines of business described in the annual statement. Requires the Commission on Health and |

| |Workers' Compensation to examine the causes of the number of insolvencies among workers' compensation insurers over a specified period |

| |and to provide an Internet report. Provides for confidentiality of data. Makes an appropriation. |

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|CA SB 339 |AUTHOR: |

| |Scott (D) |

| | |

| |TITLE: |

| |Insurance: Excess Investment |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/05/2007 |

| | |

| |CHAPTER: |

| |297 |

| | |

| |SUMMARY: |

| | |

| | |

| |Relates to existing law that provides that an insurer may make excess fund investments in shares of an open-end diversified investment |

| |company, under specified conditions. Revises and recasts the conditions applicable to an investment company in which a domestic insurer |

| |may make excess fund investments. |

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|CA SB 357 |AUTHOR: |

| |Cox (R) |

| | |

| |TITLE: |

| |Life Insurance: Group Policies |

| | |

| |ENACTED: |

| |07/17/2007 |

| | |

| |CHAPTER: |

| |78 |

| | |

| |SUMMARY: |

| | |

| | |

| |Provides that group life insurance may be written under a policy covering not less than a certain number of persons. Deletes the |

| |requirement that 75% of employees must participate in group life coverage if part of the premium is paid with employee contributions. |

| |Provides that coverage for dependants may continue through a certain age if the dependant is attending an educational institution. |

| |Reduces the number of insureds required for a group disability insurance policy to be issued. |

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|CA SB 430 |AUTHOR: |

| |Machado (D) |

| | |

| |TITLE: |

| |State Earthquake Authority |

| | |

| |ENACTED: |

| |10/05/2007 |

| | |

| |CHAPTER: |

| |303 |

| | |

| |SUMMARY: |

| | |

| | |

| |Amends existing law authorizing the state Earthquake Authority to transact basic residential earthquake insurance. Revises the |

| |definition of available capital and defines total capital for those purposes. Relates to the authorities ability to require |

| |participating insurers to make certain additional capital assessments. Provides that if claims and claim expenses paid by the authority |

| |due to earthquakes exhaust existing capital and the maximum assessments, the board may further assess participating insurers. |

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|CA SB 629 |AUTHOR: |

| |Correa (D) |

| | |

| |TITLE: |

| |Automobile Insurance Peace Officers |

| | |

| |ENACTED: |

| |09/11/2007 |

| | |

| |CHAPTER: |

| |211 |

| | |

| |SUMMARY: |

| | |

| | |

| |Repeals provisions of existing law which requires any peace officer or firefighter who has been involved in an accident to submit to his|

| |or her private automobile insurer a written declaration stating whether or not at the time of the accident he or she was operating an |

| |emergency vehicle in the performance of his or her duty during the hours of his or her employment. |

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|CA SB 869 |AUTHOR: |

| |Ridley-Thomas (D) |

| | |

| |TITLE: |

| |Workers' Compensation Insurance: Coverage Program |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |10/13/2007 |

| | |

| |CHAPTER: |

| |662 |

| | |

| |SUMMARY: |

| | |

| | |

| |Requires the workers' compensation insurance coverage program to systematically identify unlawfully uninsured employers. Authorizes the |

| |prioritization of targets for the program. Requires a report to be posted on the Labor Commissioner's Web site. Authorizes funds in the |

| |Workers' Compensation Administration Fund be used to administer the program. Requires the use of specified information to enable the |

| |identification of unlawfully uninsured employers. |

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|CA SB 1038 |AUTHOR: |

| |Senate Banking, Finance and Insurance Committee |

|CDI | |

|SPONSORED |TITLE: |

| |Insurance |

| | |

| |URGENCY CLAUSE: |

| |no |

| | |

| |ENACTED: |

| |07/20/2007 |

| | |

| |CHAPTER: |

| |100 |

| | |

| |SUMMARY: |

| | |

| | |

| |Relates to the unearned premium that is required under the Insurance Guaranty Association which is used to provide insurer insolvency |

| |coverage. Provides that any district attorney who fails to submit an application for fraud prosecution funds to the Commissioner of the |

| |Department of Insurance by the deadline set by the commissioner shall be subject to loss of distribution of moneys. Deletes a specified |

| |report requirement of the Fraud Division. |

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