BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 299| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 299 Author: Assembly Insurance Committee Amended: 7/15/09 in Senate Vote: 21 SENATE BANKING, FINANCE, AND INS. COMMITTEE : 11-0, 7/9/09 AYES: Calderon, Cogdill, Correa, Cox, Florez, Kehoe, Liu, Lowenthal, Padilla, Price, Runner NO VOTE RECORDED: Harman SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 78-1, 5/11/09 - See last page for vote SUBJECT : Insurance SOURCE : Department of Insurance DIGEST : This bill makes a number of technical, corrective and clarifying amendments to the Insurance Code and the Vehicle Code. ANALYSIS : Existing law: 1. Requires the Insurance Commissioner (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 CONTINUED AB 299 Page 2 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 meeting the conditions required by law.) In determining the nature and frequency of the examination, the IC shall consider the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, and other criteria set forth in the Examiner's Handbook adopted by the National Association of Insurance Commissioners (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 expenses of insurer examinations incurred by the IC to be payable by the insurers, except that 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 on the filing of the annual audit upon a showing by the insurer and its independent certified public accountant of the reasons for the extension request and the determination by the IC of substantial cause for an extension. AB 299 Page 3 7. Requires requests for an extension to be submitted in writing within 20 days of the due date. 8. Allows domestic incorporated insurers to invest 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. 9. Limits the percentage of excess funds investments that can be made in a loan to any one borrower, including all affiliates, to 10 percent of the capital stock and surplus or one percent of the admitted assets of the lending insurer, whichever amount is greater. This bill makes a series of technical non-controversial changes to laws governing the authority and duties of the IC and insurance companies. Specifically, this bill: 1. Requires the IC to mail a notice every four years to every domestic insurer (i.e., California-domiciled 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. Adds the following information on which the IC is required to consider when determining the nature and frequency of an examination of an insurer: A. Market analysis results including consumer complaint analysis, evaluation of recent and ongoing regulatory activities. B. Analysis of data derived from industry surveys or interrogatories. C. Other criteria in the Market Regulation Handbook adopted by the NAIC. 3. Adds market analysis data to the list of information that may be shared with other government entities and to the NAIC, provided that the recipient of the information agrees to main confidentiality of the information. AB 299 Page 4 4. Clarifies that insurer analyses as required in Section 730 to be at the expense of the insurer. 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. Permits the IC to grant multiple 30-day extension and require insurers to request the extension within 10 days of the audit due date. 7. Corrects reference to two non-existent sections in the Insurance Code to accurately reference Section 11691, which applies to deposits by workers' compensation insurers. 8. Corrects an obsolete reference to law that 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. 9. Allows domestic incorporated insurers to invest in credit unions to the extent the accounts are insured by an agency or instrumentality of the federal government. 10.Limits the percentage of excess funds investments that can be made in a loan or any other obligation to any one borrower or obligor, including all affiliates, to 10 percent of the capital stock and surplus or one percent of the admitted assets of the lending insurer, whichever amount is greater.11.Requires policies of automobile insurance 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. This applies to automobile liability insurance, automobile collision coverage, and automobile physical damage coverage. 12.Requires insurers to give the IC advanced notification of its intent to enter into tax sharing agreements. AB 299 Page 5 13.Authorizes fraternal benefit societies to use mortality tables approved by bulletin (not just through regulations) issued by the IC for purposes of determining actuary values. 14.Provides that if an enforcement action against a licensee is withdrawn, then each pleading, document, or order against that licensee shall be removed from the Department of Insurance (CDI) web site within 30 days of the withdrawal. If a matter involves multiple licensees and the CDI withdraws all allegations against one or more of the licensees, the CDI will be required to post , on its Internet website, a statement in the previously posted pleading, document, or order that clarifies that the action has been withdrawn. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/17/09) Department of Insurance (source) America's Health Insurance Plans ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torres, Torrico, Tran, Villines, Yamada, Bass NOES: Anderson NO VOTE RECORDED: Torlakson AB 299 Page 6 JJA:mw 8/17/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****