BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 299
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          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  








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            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  








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            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:









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          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

                                                                           
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