BILL ANALYSIS AB 299 Page 1 ASSEMBLY THIRD READING AB 299 (Insurance Committee) As Introduced February 17, 2009 Majority vote INSURANCE 9-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Coto, Garrick, Charles |Ayes:|De Leon, Nielsen, | | |Calderon, Carter, Feuer, | |Ammiano, | | |Hayashi, Nava, Niello, | |Charles Calderon, Davis, | | |Torres | |Duvall, Fuentes, Hall, | | | | |Harkey, Miller, | | | | |John A. Perez, Price, | | | | |Skinner, Solorio, Audra | | | | |Strickland, Torlakson | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Makes a series of changes to laws governing the authority and duties of the Insurance Commissioner (IC) and insurance companies to clarify and update existing law. Specifically, this bill : 1)Requires the IC to mail a notice every four years to every domestic insurer (i.e., California-based insurance company), specifying the "reciprocal states." A "reciprocal state" is a state with laws that prohibit an insurer based in that state from insuring the lives or property located in California unless that insurer holds a valid certificate of authority issued by the IC. 2)Requires the IC to also consider the following in determining the nature and frequency of an examination of an insurer: market analysis results including consumer complaint analysis, evaluation of recent and ongoing regulatory activities, and analysis of data derived from industry surveys or interrogations and other criteria in the Market Regulation Handbook adopted by the National Association of Insurance Commissioners (NAIC). 3)Allows the IC to use and, if appropriate, to make public any market analysis data discovered during the course of an AB 299 Page 2 examination in the furtherance of a legal or regulatory action which the IC deems appropriate. 4)Requires insurer analyses to be at the expense of the insurer when the IC considerers the results of financial statement analyses, market analysis results, consumer complaints analysis, and analysis of data derived from industry surveys or interrogations. 5)Requires the mandatory annual audit of all insurers doing business in this state to include required auditor and management reporting in conformity with the standards adopted by the NAIC. 6)Allows, in addition, domestic incorporated insurers to invest in credit unions to the extent the accounts are insured by an agency or instrumentality of the federal government. 7)Limits the percentage of excess funds investments that can be made in a loan or any other obligation to any one borrower, including all affiliates, to 10% of the capital stock and surplus or 1% of the admitted assists of the lending insurer, whichever amount is greater. 8)Requires automobile insurance policies to provide for the replacement of a child passenger restraint system that was in use by a child during an accident, or if the child passenger restraint system was in the vehicle and it sustained a loss, covered by the policy. EXISTING LAW : 1)Requires the IC to annually mail a notice to every domestic insurer, specifying the "reciprocal states." A domestic insurer is prohibited from selling insurance in a "reciprocal state" unless the insurer is authorized pursuant to the laws of that other state to transact insurance. 2)Authorizes the IC to examine any insurer as often as he/she deems it appropriate; and, requires the IC to conduct an examination of every "admitted insurer" at least once every five years. (An "admitted insurer" is an insurance company entitled to transact insurance in this state as a result of a meeting the conditions required by law.) In determining the AB 299 Page 3 nature and frequency of the examination, the IC shall consider the results of financial statement analysis and ratios, changes in management or ownership, actuarial opinions, reports or independent certified public accountants, and other criteria set forth in the Examiner's Handbook adopted by the NAIC. 3)Allows the IC to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company work papers or other documents, or other information discovered during the course of the examination in the furtherance of a legal or regulatory action which the IC deems appropriate. 4)Requires the expense of insurer examination incurred by the IC to be payable by the insurers, except the special examinations which are in addition to regular examinations may be at the expense of the state in the discretion of the IC. 5)Requires all insurers doing business in this state to have an annual audit conducted by an independent certified public accountant. The audit shall be conducted in conformity with the Annual Audited Financial Reports instructions contained in the annual statement instructions adopted by the NAIC. 6)Authorizes the IC to grant a 30-day extension of the filing of the annual audit upon a showing by the insurer and its independent certificated public accountant of the reasons for the extension and requires determination by the IC of substantial cause for an extension. 7)Requires requests for an extension to be submitted in writing within 20 days of the due date. 8)Requires the IC to permit the deposit of securities on behalf of policyholders and creditors of the insurer in the California State Treasury. This provision also states that this authority is subject to two obsolete sections of law, if applicable. 9)Allows domestic incorporated insurers to invest their assets in the purchase of certain securities or in loans upon such securities if they conform to specified conditions including: AB 299 Page 4 a) In connection with loans not governed by an obsolete code section; and, b) The amount loaned does not exceed 85% of the market value. 10)Allows domestic incorporated insurers to invest their assets in accounts in banks or savings and loan associations to the extent the accounts are insured by an agency or instrumentality of the federal government. 11)Limits the percentage of excess funds investments that can be made in a loan to any one borrower, including all affiliates, to 10% of the capital stock and surplus or 1% of the admitted assets of the lending insurer, which ever amount is greater. 12)Requires automobile insurance policies to provide for the replacement of a child passenger restraint system that was in use by a child during an accident. This applies to automobile liability insurance, automobile collision coverage, and automobile physical damage coverage. FISCAL EFFECT : Minor absorbable workload to California Department of Insurance to continue oversight of insurers and insurance products. COMMENTS : 1)This committee bill incorporates a series of corrective and clarifying amendments suggested by the Department of Insurance. The provisions in the present version of the bill have been reviewed by all the interested parties, and there is no opposition. 2)This bill is identical to the enrolled version of AB 3054 (Insurance Committee) from 2008. AB 3054 was vetoed by the Governor based on the "generic" veto message that was used for low priority bills. Analysis Prepared by : Tracy Elwell / INS. / (916) 319-2086 FN: 0000406