BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 41
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          Date of Hearing:   January 6, 2010

                           ASSEMBLY COMMITTEE ON INSURANCE
                                 Jose Solorio, Chair
                    AB 41 (Solorio) - As Amended:  January 4, 2010
           
          SUBJECT  :   Community Development Investments by Insurers

           SUMMARY  :   Extends to January 1, 2015, the sunset date on the  
          requirement that insurers biennially provide to the Insurance  
          Commissioner (IC) information on community development  
          investments, and requires major California insurers to develop  
          and file with the IC their company's policy statement regarding  
          community development investments.  Specifically,  this bill  : 

          1)Extends from January 1, 2011 to January 1, 2015 the sunset  
            date on the requirement that insurers biennially provide to  
            the IC information on community development investments.  

          2)Requires insurers writing $100 million or more annually in  
            premiums in California to develop and file with the IC a  
            policy statement that expresses the goals of the company  
            regarding community development investments.  

          3)Requires the IC to establish a link on its Internet website  
            that provides access to the public of the contents of each  
            insurer's policy statement and the data on community  
            development investments made by each insurer writing $100  
            million or more in premiums annually in California.

          4)Allows insurers that are members of a holding company system  
            to file community development investment data through a single  
            filing, provided the data accurately reflects the investments  
            made by each of the affiliated insurers.

          5)Allows insurers to report community development investment  
            data through a filing made by a Community Development  
            Financial Institution when specified conditions are met.

           EXISTING LAW  :

          1)Requires insurance companies to provide information biennially  
            to the IC on all community development investments they make  
            in the state.  This requirement will sunset on January 1,  
            2011.








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          2)Defines a community development investment as one in which all  
            or a portion of the investment has the primary purpose of  
            community development or that it directly benefits low-income  
            or moderate-income people in California.  Qualifying  
            investments include community facilities, economic development  
            that includes job creation, affordable housing, commercial  
            properties located in designated areas, and infrastructure  
            investments for community development.

          3)Requires the IC to provide information biennially on the  
            Department of Insurance's Internet website on the aggregate  
            insurer community development investments.

           FISCAL EFFECT  :   Negligible state costs.

           COMMENTS  :

           1)Purpose of bill.   The purpose of this bill is to encourage  
            insurance companies to increase the amount of community  
            development investments made in California in order to improve  
            the livability and prosperity of communities while improving  
            the bottom line of insurers.

           2)Background.   In 2007, the Assembly Insurance Committee held an  
            informational hearing on investments in urban and economically  
            disadvantaged communities.  The Committee obtained data and  
            heard testimony from representatives of the banking, public  
            utilities, and insurance industries.  Among the findings from  
            that hearing were:
                 Banks and public utilities make more community  
               development investments than insurers but banks and  
               utilities initially resisted making these investments as  
               they did not realize the benefits of these investments.
                 Banks now compete against other institutions in order to  
               make community development investments because they are  
               recognized as profitable.
                 A large number of insurance companies have no  
               investments that would qualify as community development  
               investments.
                 Some insurers have made significant community  
               development investments while others make only minor  
               community development investments.

           1)Survey Findings.   In 2008, the Department of Insurance  








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            released the findings from a survey of insurers that found  
            that only 54 of 485 insurance Companies had adopted a policy  
            regarding community development investments.  An important  
            finding from that survey is that insurance companies with a  
            comprehensive plan and/or specific goals have significantly  
            increased their community development investments.  

           2)Clarifying Amendment:   The Association of California Life and  
            Health Insurance Companies (ACLHIC) has expressed concern with  
            the provision of the bill regarding the definition of "policy  
            statement."  The concern is that the bill could require  
            specific numeric goals and quantitative measures.  The  
            following amendment (on page 5, line 31 of the bill) addresses  
            this concern:  

                The policy statement may include general goals or specific  
               investment goals, but it is not required to contain  
               specific investment goals or thresholds  .

           3)Prior Legislation.   This bill is nearly identical to AB 1910  
            (Coto) of the 2007-08 Session.  AB 1910 was approved by the  
            Legislature then subsequently vetoed by the Governor.  The  
            Governor's veto message said:  "The historic delay in passing  
            the 2008-09 State Budget has forced me to prioritize the bills  
            sent to my desk at the end of the year's legislative session.   
            Given the delay, I am only signing bills that are the highest  
            priority for California.  This bill does not meet that  
            standard and I cannot sign it at this time."  That was a  
            generic veto message sent in connection with a significant  
            number of bills in 2008.




           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          The Greenlining Institute

           Opposition 
           
          None received.

           








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          Analysis Prepared by  :    Manny Hernandez / INS. / (916) 319-2086