BILL ANALYSIS SB 1407 Page 1 SENATE THIRD READING SB 1407 (Banking, Finance and Insurance Committee) As Amended April 12, 2010 Majority vote SENATE VOTE :30-0 INSURANCE 12-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Solorio, Gaines, |Ayes:|Fuentes, Conway, | | |Anderson, Caballero, | |Bradford, | | |Charles Calderon, Carter, | |Charles Calderon, Coto, | | |Feuer, Hagman, Hayashi, | |Davis, | | |Niello, Salas, Torres | |De Leon, Gatto, Hall, | | | | |Harkey, Miller, Nielsen, | | | | |Norby, Skinner, Solorio, | | | | |Torlakson, Torrico | ----------------------------------------------------------------- SUMMARY : Authorizes the State Compensation Insurance Fund (SCIF) to invest its "excess" funds in the same investments as domestic insurers, subject to exceptions. Specifically, this bill : 1)Authorizes SCIF to invest its "excess" funds in the same classes of investments that a private domestic insurer may invest in. 2)Adopts exceptions to the broad grant of authority to invest consistent with the excess funds investments law by prohibiting SCIF from making the following classes of investments otherwise authorized by that law: a) Corporate stock; b) Exchange traded call options on common stock; c) Call options on interest bearing federal home loan securities; d) Loans secured by first liens on unencumbered leaseholds; e) Canadian corporations; f) Mortgages and mortgage-backed securities; g) Participation certificates in interest bearing corporate debt; h) Shares in an investment company organized pursuant to SB 1407 Page 2 specified federal laws; i) Investment and cash management pools as defined in California law; j) Securities of an unaffiliated business entity; aa) Federal home loan bank stock; and, bb) Real estate and leases. EXISTING LAW : 1)Authorizes SCIF to invest in a very narrow range of investment options. 2)Authorizes domestic insurers to invest its "excess" funds in a specific range of investments, and prohibits investment in any investment not specifically authorized. 3)Defines excess funds investments as investments made with monies that are held by the insurer in excess of any amount of minimum mandatory paid-in capital. 4)Specifies a very limited and secure range of investment that may be made with funds equaling minimum paid-in capital. 5)Authorizes domestic insurers to invest a small portion of their assets in higher return, higher risk investment (so called "leeway law" investments). FISCAL EFFECT : Undetermined but presumably minor, absorbable costs to the Department of Insurance (CDI), as this bill was referred to the Senate Floor from the Senate Appropriations Committee pursuant to Senate Rule 28.8. COMMENTS : 1)Purpose . According to the Senate Committee on Banking, Finance and Insurance, the intent of the existing law was to authorize SCIF to invest in the same investments as domestic insurers. However, existing law listed the specific investment authorizations. Over the years, the range of investment has expanded for domestic insurers, but it was not clear that these expansions applied to SCIF. 2)Certain investments excluded . In consultation with CDI, several of the more risky investments authorized for private SB 1407 Page 3 insurers have been excluded from the bill's general authorization to expand SCIF's investment opportunities. 3)Support . SCIF writes in support that it wishes to clarify the scope of its investment authority, and strengthen its investment portfolio by obtaining clear authority to invest in sound investments that generate better returns than under current law. Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086 FN: 0006285