BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE COMMITTEE ON BANKING, FINANCE,
                                    AND INSURANCE
                           Senator Ronald Calderon, Chair


          AB 2782 (Committee on Insurance)  Hearing Date:  June 16, 2010  

          As Amended: May 28, 2010
          Fiscal:             Yes
          Urgency:       No

          VOTES:              Asm. Floor(05/13/10)76-0/Pass
                         Asm. Appr.                          
                    (05/05/10)17-0/Pass
                         Asm. Ins.                (04/21/10)12-0/Pass
          
          

           SUMMARY    Would make various changes, including technical  
          revisions to investment law and licensing-related changes,  
          including changes to conform California law with the National  
          Association of Insurance Commissioners (NAIC) Producer Licensing  
          Model Act (PLMA).
          
           
          DIGEST
            
          Existing law
            
             1.   Imposes a limit on the amount of foreign investments  
               that domestic insurers may make of 20 percent and sets  
               forth requirements related to mutual funds that invest in  
               foreign securities;

             2.   Prevents fire and casualty broker-agents from  
               transacting life insurance, but permits these agents to  
               transact disability insurance; 

             3.   Provides that the combined fire and casualty  
               broker-agent license requires a pre-licensing education  
               requirement of 40 hour, and 25 hours of continued education  
               annually for the first four years of licensure and 24 hours  
               every two years thereafter as a condition for license  
               renewal;

             4.   Requires insurance licensees to immediately notify the  




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          2782 (Committee on Insurance), Page 2



               Insurance Commissioner of changes to their mailing address;  


             5.   Requires an administrative hearing to be conducted to  
               consider a business entity license application when one of  
               its officers or controlling persons holds a restricted  
               license;

             6.   Provides that the insurance that may be sold in  
               connection with the sale of, or incidental to a loan for,  
               real property may include, under specified conditions,  
               credit life, credit disability, credit involuntary  
               unemployment or credit loss of income, and credit property  
               insurance;

             7.   Specifies that bail licenses are for a one year term  
               expiring on June 30 and insurance adjusters licenses are  
               for a two-year term expiring on May 31 of even-numbered  
               years;  

             8.   Specifies the continuing education for bail agent and  
               solicitor license renewal is 6 hours;

             9.   Authorizes DOI to summarily revoke a license, including  
               a bail license, if the licensee is convicted of a felony.   
               However, Insurance Code Section 1807.5 specifies that a  
               hearing is required prior to the suspension of a bail agent  
               license; 

             10.  Requires independent and public insurance adjusters to  
               complete 24 hours of continued education as a condition of  
               license renewal, but does not specify the number of hours  
               that must involve ethics training;  

             11.  Authorizes DOI to intervene in "qui tam" cases, but sunsets  
               those provisions on December 31, 2010. 
           

          This bill

           1.Would make technical changes in current law to enable insurers  
            to invest in mutual funds that make investments in foreign  
            securities without the requirement that such a fund must have  
            arrangements to hold all assets in the United States;

          2.Would require a person to be licensed as an accident and  




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          2782 (Committee on Insurance), Page 3



            health agent in order to transact disability insurance;

          3.Would separate current fire and casualty broker-agent licenses  
            into two separate licenses - property broker-agent license and  
            casualty broker-agent license.  Would also adjust the  
            pre-licensing education requirement to 20 hours for each  
            respective license so there is no net change resulting from  
            the bifurcation, and would modify the continuing education  
            requirement for individuals licensed less than four years to  
            24 hours every two years;

          4.Would clarify that the obligation under current law for an  
            insurance licensee to immediately notify the Insurance  
            Commissioner of their change of address includes changes of  
            address to either their residence or their principal business.  
             

          5.Would provide to the Department of Insurance (DOI) authority  
            to summarily issue a restricted license to a business entity  
            when an officer or controlling person of the entity holds a  
            restricted individual license, but maintains the business  
            entity's right to request DOI to reconsider the restricted  
            license decision;

          6.Would align the definition of "Credit Insurance Agent" in the  
            Insurance Code with the definition used in the NAIC Producer  
            Licensing Model Act (PLMA). The PLMA definition permits these  
            credit insurance agents to transact Guaranteed Automobile  
            Protection (GAP) insurance (GAP insurance is insurance which  
            protects a car buyer/lessee with a promise to indemnify the  
            purchaser or lessee for any of the difference between the  
            actual cash value of the insured's vehicle at the time of an  
            unrecovered theft or total loss and the amount owed on the  
            vehicle pursuant to the terms of a loan, lease agreement, or  
            installment sales contract used to purchase or lease the  
            vehicle) ; 

          7.Would change the bail agent and solicitor license from a  
            one-year term to a two-year term, and would modify the  
            continuing education requirement to 12 hours biennially so  
            there is a no net change from current requirements;  

          8.Would specify that the expiration date on new bail and  
            insurance adjuster licenses issued after December 31, 2010 is  
            the last day of the month in which the original license was  
            issued;




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          2782 (Committee on Insurance), Page 4




          9.Would clarify the DOI's authority to summarily revoke a bail  
            license if the licensee is convicted of a felony; 

          10.Would specify that three of the 24 hours of continued  
            education that independent public insurance adjusters must  
            complete as a condition of license renewal must be in ethics  
            training;  

          11.Would repeal the sunset date of December 31, 2010 for the law  
            authorizing the Insurance Commissioner to receive attorney  
            fees and costs as part of a judgment in "qui tam" cases (suits  
            brought in the state's name by private parties) in which the  
            department intervenes.  The cases impacted by this provision  
            involve insurance fraud and the department's involvement in  
            such cases serves as a significant fraud deterrent; 

          12.Would make other minor, conforming, and related changes and  
            deletes obsolete provisions. 


           COMMENTS

          1.  Purpose of the bill   To clarify California Department of  
              Insurance (DOI) responsibilities and authorities and to make  
              various licensing-related-changes, including several to  
              align California law with the NAIC Producer Licensing Model  
              Act (PLMA).  

           2.  Background   The business of insurance is principally  
              regulated at the state level.  Because certain issues of  
              insurance law and trends transcend state boundaries,  
              insurance regulators have a long history of collaboration on  
              matters of common concern, a process which is undertaken  
              under the auspices of the National Association of Insurance  
              Commissioners (NAIC).

          3.  In the effort to promote commonality among the states so as  
              to support a seamless oversight system built on the platform  
              of 50 independently sovereign states, the NAIC has  
              undertaken various initiatives.  Some of these fit within  
              NAIC accreditation program where the ability of a state to  
              receive accreditation is dependent on its adoption of  
              statutes and regulations that bear a substantial similarity  
              to models promulgated by the NAIC.





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          2782 (Committee on Insurance), Page 5



          4.  In other areas, commonality is advanced by the formulation  
              of suggested model laws which are intended to serve as a  
              resource and a framework to further important regulatory  
              ends as well as support the national system of state-based  
              regulation.

          5.  The NAIC's Producer Licensing Model Act is a suggested or  
              advisory model which has gained support among various  
              groups, including insurance agent groups, who believe it  
              supports achieving a modern, nationwide insurance producer  
              licensing system.

          6.  Generally speaking, the PLMA Changes proposed by this act  
              are non-controversial as are the non-PLMA changes proposed  
              by the Department to facilitate improved management and  
              regulatory oversight.

          7.  The one change that has drawn an objection is the change to  
              a two year licensing cycle for bail agents with expiration  
              dates tied to the month of issuance, rather than renewal for  
              all licensees based on a June 30th expiration date.  While  
              this change is supported by the Department of Insurance for  
              purposes of improved workload management and administration  
              and two statewide associations of bail agents, a continuing  
              education provider for bail agents has expressed opposition  
              to this change as approved by the Assembly for the added  
              burden it may impose on continuing education providers and  
              their practices.

           8.  Questions   None

           9.  Suggested Amendments   None
           
          10. Prior and Related Legislation   

              a.    AB 2203 (DeLeon, Ch. 129, Statutes of 2008), increased  
                the limit on the amount of foreign investments that  
                domestic insurers may make from 4 to 20 percent.  The bill  
                also clarified the requirements related to mutual funds  
                that invested in foreign securities but the issue of how a  
                mutual fund holds its assets relating to foreign  
                investments was inadvertently not addressed.

              b.    AB 800 (Duvall, Ch. 254, Statutes of 2009) provided  
                for applicants and licensees to notify CDI of address  
                changes through an electronic means but did not specify  




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          2782 (Committee on Insurance), Page 6



                that such notification include changes to the licensees  
                residence and principal business.
           




          POSITIONS
          
          Support
           
          California Department of Insurance (Sponsor)
          Association of California Insurance Companies
          Golden States Bail Agents Association 
          California Bail Agents Association

           
          Oppose
               
          Mr. J.F. Schneider, CEO, CE3000.com, a bail agent continuing  
          education provider


          Consultant:   Kenneth Cooley (916) 651-4102