BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           98 (Calderon)
          
          Hearing Date:  5/28/2009        Amended: 4/20/2009
          Consultant: Katie Johnson       Policy Vote: B,F, & I 10-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 98 would revise and recast provisions relating  
          to viatical settlements to define those and other specified  
          financial arrangements as life settlements and would provide for  
          the licensure of brokers and providers of and the regulation of  
          such settlements by the California Department of Insurance  
          (CDI).
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          CDI regulatory costs                   $262     $105 - $195    
          $536 - $1,158 Special*

          CDI enforcement                 unknown, but likely an amount   
          Special*
          and fee revenue                 sufficient to support the costs  
          of 
                                   providing this licensing category  

          *Insurance Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.

          Existing law establishes when an interest with respect to life  
          and disability insurance is insurable. Existing law defines  
          "viatical settlement" and requires life and disability agents,  
          among others, to file a declaration with the Insurance  
          Commissioner that their agent license is valid in order to  
          engage in the viatical settlements business. Existing law  
          provides that a person who enters into or solicits a viatical  
          settlement without a license is punishable by a misdemeanor and  
          that the commissioner may suspend the agent's ability to  
          transact viatical settlements.











          This bill would revise and recast provisions relating to  
          viatical settlements to define those and other specified  
          financial arrangements as life settlements and would provide for  
          the licensure of brokers and providers of and the regulation of  
          such settlements by the CDI. This bill would prohibit a person  
          from entering into, brokering, or soliciting life settlements  
          unless that person holds a license issued by the commissioner of  
          the CDI. This bill would specify that the requirements necessary  
          to obtain a license pursuant to these provisions and that a  
          licensee would be required to pay a $177 annual renewal fee.  
          This bill would allow life agents who have been licensed as a  
          viatical settlement broker or provider as of December 31, 2009,  
          to be deemed licensed pursuant to these provisions.  
          Additionally, a life insurance producer who has been licensed as  
          a life agent for at least one year would be permitted to meet  
          the licensing requirements of this bill, provided they notify  
          the commissioner within 10 days of transacting a life  
          settlement. The CDI currently licenses approximately 219,000  
          life agents. The CDI does not expect a large influx of  
          individuals seeking the new Life Settlement Broker License  
          because life 
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          SB 98 (Calderon)

          agents may simply inform the commissioner of their transacting  
          life settlements and be deemed licensed pursuant to this bill.  
          They would pay a one-time fee of $136 to CDI and would not need  
          to pay a renewal fee. So, in FY 2010-11, there could be revenues  
          of $124,000 - $13,700,000 depending on the number of people who  
          pay the initial notification fee licensing fees. Revenues due to  
          licensing fees and renewals in the out-years are unknown and  
          unlikely to be significant. Anyone who has been licensed as a  
          life agent and who would like to transact life settlements, but  
          who has not completed a year as a licensed life agent, would  
          apply for a Life Settlement Broker License. However, by the time  
          of annual renewal of his or her license, the broker would have  
          completed one year as a life agent and would simply notify the  
          CDI that he or she was transacting life settlements as a life  
          agent. They would not need to renew their Life Settlement Broker  
          License.

          This bill would define various specified terms including a "life  
          settlement contract" as a written agreement solicited,  
          negotiated, or entered into in this state between a provider and  
          an owner, establishing the terms under which compensation or  










          anything of value will be paid, which compensation or thing of  
          value is less than the expected death benefit of the insurance  
          policy or certificate, in return for the owner's assignment,  
          transfer, sale, devise, or bequest of the death benefit or any  
          portion of an insurance policy or certificate of insurance for  
          compensation, provided that the minimum value for a life  
          settlement contract shall be greater than a cash surrender value  
          or accelerated death benefit available at the time of an  
          application for a life settlement contract. "Life settlement  
          contract" also includes a premium finance loan and the transfer  
          for compensation or value of ownership or beneficial interest in  
          a trust or other entity that owns such policy if the trust or  
          entity was formed for the purpose of acquiring one or more life  
          insurance contracts.

          This bill would define "stranger-originated life insurance"  
          (STOLI), a practice to initiate the issuance of a life insurance  
          policy for the benefit of a third-party investor, who at the  
          time of policy origination, had no insurable interest in the  
          life of the insured. This bill would also define "fraudulent  
          life settlement act," as specified.

          This bill would prohibit the transaction of a life settlement  
          within the two-year period commencing the date of the issuance  
          of the policy, as specified.

          This bill would provide that the commissioner may suspend or  
          revoke a person's license to transact life settlements if he or  
          she determines that it is contrary to the best interests of the  
          public that the person continue to transact life settlements.  
          This bill would also permit the commissioner to assess a civil  
          penalty of up to $10,000 on a licensee.

          This bill would also specify the rights of and the notifications  
          to policy applicants.

          The CDI estimates that it would require one staff counsel at and  
          incur technology costs of $262,000 in FY 2009-10; a full-time  
          staff counsel at $105,000 - $195,000 in FY 2010-11; and $536,000  
          - $1,158,000 in FY 2011-12, and $452,000 - $1,074,000 annually  
          ongoing to for 1-3 staff counsels and 3-7 investigators to  
          implement this bill.

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          SB 98 (Calderon)











          This bill is similar to SB 1224 (Machado), a bill that failed  
          passage in the Assembly Health Committee in 2008. SB 1543  
          (Machado) contained similar provisions to SB 1224 and was vetoed  
          by the Governor in 2008. The veto message read, "?Although I  
          share the proponents' goal to ensure that life settlement  
          transactions are properly regulated, I cannot sign this measure  
          at this time. The provisions of this bill were amended into it  
          very late in the legislative session. While many of the  
          provisions were agreed to by all the parties involved, some of  
          the provisions are still subject to worthwhile debate?." Due to  
          the subjective nature of the veto message, it is unclear whether  
          or not this bill addresses the Governor's comments.

          As proposed to be amended, this bill would provide that  
          licensing fees on applicants for life settlement provider and  
          broker licenses would be reasonable and sufficient to cover the  
          costs incurred by the CDI to implement these provisions. This  
          bill would require a life insurance producer to pay a fee, as  
          determined by the commissioner, for each license term the  
          producer intends to operate as a life settlement broker and for  
          the producer to pay the fee at the same time and in the same  
          manner as he or she pays renewal fees.