BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1597
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1597 (Jones)
          As Amended  April 13, 2010
          Majority vote 

           INSURANCE           11-0        APPROPRIATIONS      13-2        
           
           ----------------------------------------------------------------- 
          |Ayes:|Solorio, Blakeslee,       |Ayes:|Fuentes, Conway, Ammiano, |
          |     |Anderson, Caballero,      |     |Coto, Davis, Bonnie       |
          |     |Carter, Feuer, Hagman,    |     |Lowenthal, Hall, Nielsen, |
          |     |Hayashi, Niello, Salas,   |     |Norby, Skinner, Solorio,  |
          |     |Torres                    |     |Torlakson, Hill           |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Miller            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Extends the sunset date of the low-cost automobile  
          insurance program, and makes procedural and clarifying changes  
          to the assigned risk plan.  Specifically,  this bill  :

          1)Extends until January 1, 2016 the sunset date of the low-cost  
            automobile insurance program.  

          2)Extends until January 1, 2016 the sunset date on the proof of  
            financial responsibility requirement to drivers in the County  
            of Los Angeles and the City and County of San Francisco.

          3)Eliminates the requirement to publish a notice of a public  
            hearing in a newspaper located in the City of San Francisco  
            and a newspaper located in the City of Los Angeles whenever  
            the Insurance Commissioner (IC) proposes to amend the  
            "assigned risk plan."  The assigned risk plan is the plan  
            adopted by the IC that requires all automobile insurers to  
            accept an equitable share of applicants who are unable to  
            purchase insurance through the normal channels.

          4)Requires the manager of the assigned risk plan to ensure  
            access at no cost to the user as part of the electronic  
            effective date procedure, rather than requiring the manager to  
            maintain a toll-free number as part of this procedure.  

          5)Requires the electronic effective date procedure to include a  








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            procedure to prevent fraudulent applications, rather than  
            requiring the reference number or a verification code on the  
            application.

          6)Provides that in order for the insurance coverage to be  
            effective on the day the application is transmitted through  
            the plan's electronic effective date procedure, the  
            application forms and deposit shall be submitted to the plan  
            manager no later than two days after the forms are completed.   
            The mailing date would be established in accordance with the  
            procedure established by the plan.  

          7)Provides that if the application is made without using the  
            electronic effective date procedure, the insurance coverage  
            shall be effective in accordance with an alternative procedure  
            established by the plan. 

          8)Requires the plan to establish a procedure for the maintenance  
            of appropriate records of risks in order to provide evidence  
            of the requested effective date of insurance coverage, rather  
            than specifying in statute the types of evidence required for  
            the effective date.  

          9)Requires the application form to contain a notice advising the  
            applicant that coverage is not effective unless the agent or  
            broker has transmitted the application within two days of its  
            completion, and that failure to do so can delay the effective  
            date of the insurance coverage. 

          10)Eliminates the requirement that the IC's outreach plan on  
            low-cost automobile insurance contain the most recent report  
            to the Legislature on the status of the low-cost automobile  
            insurance program from the California Automobile Assigned Risk  
            Plan.  

           EXISTING LAW  :

          1)Sunsets the low-cost automobile insurance program on January  
            1, 2011.  

          2)Authorizes the IC to approve amendments to the assigned risk  
            plan after holding a public hearing to determine whether the  
            amendments are in keeping with the intent of this law.  









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          3)Requires the notice of the public hearing to consider  
            amendments to the assigned risk plan to be published at least  
            60 days before the hearing in two newspapers of general  
            circulation, including one in the City of San Francisco and  
            another in the City of Los Angeles. 

          4)Requires the manager of the assigned risk plan to maintain a  
            toll-free telephone number as part of the electronic effective  
            date procedure. 

          5)Requires the producer of record to maintain appropriate  
            records of all insured risks in order to provide evidence of  
            the requested effective date of coverage.  This evidence shall  
            consist of the completed applications, eligibility  
            certification forms, a mail log, a check copy, a check  
            register, a receipt, and other records created  
            contemporaneously with the application. 

           FISCAL EFFECT  :   Minor and absorbable costs to DOI to modify  
          reporting requirements and continue oversight of the low cost  
          automobile insurance program.

           COMMENTS  :

          1)The primary purpose of this bill is to extend the sunset date  
            of the Low-Cost Automobile Insurance Program until January 1,  
            2016, in order to ensure that low-income, good drivers will  
            continue to have access to affordable auto insurance.

          2)California law requires motorists to purchase auto insurance  
            or to be otherwise financially responsible.  Motorists benefit  
            when all drivers carry insurance.  The low-cost automobile  
            insurance program was created to make available low-cost  
            liability insurance to "good drivers" who demonstrate  
            financial need and have reached age 19.  A good driver is  
            defined as having:


             a)   No more than one at-fault property damage accident or no  
               more than one point for a moving violation (cannot have one  
               of each);

             b)   No at-fault auto accident involving bodily injury or  
               death within the past three years; and,








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             c)   No felony or misdemeanor conviction for a violation of  
               the California Vehicle Code.

            Originally created in 1999 for drivers in Los Angeles and San  
            Francisco, the program has been extended statewide since 2007  
            (SB 171 Escutia, Chapter 794, Statutes of 1999; SB 527 Speier,  
            Chapter 807, Statutes of 1999; and SB 20 Escutia, Chapter 435,  
            Statutes of 2005).  Annual auto insurance premiums are set by  
            county and currently range from $161 to $368 per year.  The  
            premium rates are set by a public rate-setting process.  The  
            DOI uses a 5-cent assessment on every insured vehicle in the  
            state toward this program's consumer education and outreach  
            campaign.

            In 2009, the program experienced a 19% in demand, attributed  
            chiefly to the economic downturn.  The low-cost automobile  
            insurance program has provided approximately 50,000 policies  
            since its inception, and had 11,439 policies in force during  
            the reporting period ending December 31, 2009.

          3)According to the author and the sponsor, the DOI, this bill  
            enables good drivers to purchase insurance with lower coverage  
            requirements than are available on the open market, which  
            often allows premiums to be lower.  These policies are  
            required to be actuarially sound, to be sold by licensed  
            private insurance agents, and to be underwritten by private  
            insurance companies.  The proponents also state that as a  
            result of the consumer education and outreach efforts made on  
            behalf of the low-cost auto program, consumers are informed  
            about higher levels of coverage available from regular  
            policies that may cost the same, less, or only slightly more.   
            In some instances the consumer chooses the standard policy  
            with the higher coverage benefits.   


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



                                                               FN:  0004090