BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 53
                                                                  Page  1

          Date of Hearing:   April 13, 2011

                           ASSEMBLY COMMITTEE ON INSURANCE
                                 Jose Solorio, Chair
                    AB 53 (Solorio) - As Amended:  March 21, 2011
           
          SUBJECT  :   Insurers and supplier diversity

           SUMMARY  :   Requires major California insurers to submit a plan 
          for increasing procurement from women, minority, and disabled 
          veteran business enterprises (WMDVBEs); requires these insurers 
          to conduct outreach to these targeted groups; and requires these 
          insurers to furnish an annual report to the Insurance 
          Commissioner (IC) regarding the implementation of their efforts. 
           Specifically,  this bill  :

          1)Declares it the policy of this state to aid the interests of 
            WMDVBEs in order to preserve reasonable and just prices and a 
            free competitive enterprise, to ensure that a fair proportion 
            of the total purchases and contracts or subcontracts for 
            commodities, supplies, technology, property, and services for 
            regulated insurance providers are awarded to WMDVBEs, and to 
            maintain and strengthen the overall stability and growth of 
            the state's economy.   
           
          2)Requires each admitted insurer, with California written 
            premiums of $100 million or more, to annually submit to the IC 
            a detailed and verifiable plan for increasing procurement from 
            WMDVBEs.
           
           3)Requires these annual plans to include short and long-term 
            goals and timetables, but not quotas, and shall include 
            methods for encouraging contractors to engage WMDVBEs in 
            subcontracts.  
           
           4)Defines these businesses as ones that are least 51 percent 
            owned by women, minorities, or disabled veterans.
          
           5)Requires the IC to establish guidelines for the insurers to 
            utilize in the programs to increase procurement from WMDVBEs.
           
           6)Requires each of the insurers subject to this bill to furnish 
            an annual report to the IC regarding the implementation of the 
            programs.
           








                                                                 AB 53
                                                                  Page  2

           7)Requires the IC to annually report on the Department of 
            Insurance's website, and report to the Legislature on the 
            progress of activities undertaken by insurers, to recommend a 
            program to carry out the policy of this bill, and recommend 
            legislation the IC deems necessary or desirable to further 
            that policy.
           
           8)Authorizes the IC, in connection with admitted insurers with 
            less than $100 million in California written premium, to 
            publicize the participants and nonparticipants in the program, 
            and encourages these insurers to voluntarily adopt a plan for 
            increasing WMDVBE procurement.
           
           9)Requires the IC, by regulation, to adopt criteria for 
            verifying and determining the eligibility of WMDVBEs for 
            procurement contracts.
           
           10)Requires the IC to adopt the Department of General Services 
            disabled veteran business enterprise certification eligibility 
            requirements for verifying and determining the eligibility of 
            disabled veteran business enterprises for procurement 
            contracts.  
           
           11)Requires the IC, to the extent possible, to coordinate with 
            the Public Utilities Commission (PUC) for the sharing of 
            WMDVBE identification and verification information.  
           
           12)Requires the IC to develop and require each insurer to 
            implement an outreach program to inform and recruit WMDVBEs to 
            apply for procurement contracts.
           
           13)Provides that any person, corporation, or other organization 
            that falsely represents a business as a WMDVBE in the 
            procurement of a contract from a pertinent insurer shall be 
            barred from participating in the program for up to three 
            years.  

           EXISTING LAW  :

          1)Requires admitted insurers to provide information to the IC on 
            community development investments in California.  A "community 
            development investment" is defined as one in which all or a 
            portion of the investment has the primary purpose of community 
            development or that it directly benefits low-income or 
            moderate-income people in California.








                                                                  AB 53
                                                                  Page  3


          2)Requires each admitted insurer that writes $100 million or 
            more in premium annually to develop and file with the 
            Insurance Commissioner a policy statement on community 
            development investments that expresses the insurer's goals for 
            these investments during the current and following year.

          3)Requires the Public Utilities Commission (PUC) to require each 
            electrical, gas, water, wireless telecommunications service 
            provider, and telephone corporation with gross annual revenues 
            exceeding $25 million, and their PUC-regulated subsidiaries, 
            to annually submit a detailed and verifiable plan for 
            increasing procurement from WMDVBEs including renewable 
            energy, wireless telecommunications, broadband, smart grid, 
            and rail projects.

          4)Requires these plans, submitted to the PUC, to include short 
            and long-term goals and timetables, but not quotas, and 
            include methods for encouraging both prime contractors and 
            grantees to engage WMDVBEs in subcontracts. 

          5)Requires the PUC to develop, and require each of these 
            electrical, gas, water, wireless telecommunications service 
            providers, and telephone corporations to implement an outreach 
            program to inform and recruit WMDVBEs to apply for procurement 
            contracts.

          6)Requires these electrical, gas, and telephone corporations to 
            furnish an annual report to the PUC regarding the 
            implementation of the programs.

          7)Provides that any person or corporation which falsely 
            represents a business as a women or minority business 
            enterprise in the procurement of contracts from these service 
            providers or corporations shall be punishable by a fine of up 
            to $5,000 or by imprisonment in jail for up to one year or in 
            the state prison, or both.  If any person or corporation 
            falsely represents a business as a disabled veteran business 
            in these procurements, the punishment may be up to a $30,000 
            fine for the first offense or up to $50,000 fine for the 
            second or subsequent offense, plus up to six months in the 
            county jail, or both.

           FISCAL EFFECT  :   Undetermined.









                                                                  AB 53
                                                                  Page  4

           COMMENTS  :

           1)Purpose of bill.   The bill specifies its purposes:
           
              a)   To encourage greater economic opportunity for WMDVBEs in 
               the $90 billion California insurance market.

             b)   To promote competition among the suppliers of regulated 
               insurance providers in order to enhance economic efficiency 
               in the procurement of insurance industry contracts.

             c)   To clarify and expand the program for the procurement by 
               regulated insurance providers of technology, equipment, 
               supplies, services, materials, and construction work from 
               WMDVBEs.  
              
           1)Background.   This bill is patterned on a state law enacted 25 
            years ago that established a similar program for utility, 
            wireless, and phone companies that is administered by the 
            Public Utilities Commission (PUC).  That legislation was 
            enacted by AB 3678 (Moore) in 1986 (Chapter 1259, Statutes of 
            1986), and amended by SB 2398 (Dills), Chapter 516, Statutes 
            of 1990).

          These existing laws require each utility with an annual revenue 
            exceeding $25 million to submit to the PUC an annual 
            verifiable plan for increasing procurement from WMDVBEs.  The 
            PUC is responsible for verifying the status of WMDVBE 
            applicants, reporting the results of the program, and making 
            recommendations to achieve maximum results in implementing the 
            legislative policy.

          State law requires these utilities, when submitting their plans 
            to the PUC, to include goals and timetables, but not quotas, 
            for increasing procurement from WMDVBEs.  PUC General Order 
            156 requires these utilities to prepare goals for purchases of 
            services, goods, and fuel as a percentage of total procurement 
            from WMDVBEs.  In 2009, the goals were 15 percent for 
            minority-owned businesses, 5 percent for women-owned 
            businesses, and 1.5 percent for disabled veteran-owned 
            businesses.

          The PUC reports that utility spending on WMDVBE procurement 
            increased from $3.47 billion in 2008 to $4.27 billion in 2009. 
             








                                                                  AB 53
                                                                  Page  5


           2)Support.   The Greenlining Institute, which is the lead 
            proponent of the bill, states that the success of the PUC's 
            supplier diversity program depends on consistent reporting 
            requirements, goal setting, hearings, and strong regulatory 
            leadership.  Greenlining recommends this framework for the 
            insurance industry.

          The proponents, including multiple ethnic chambers of commerce, 
            state that insurance products are purchased out of necessity 
            by most Californians and insurance is already closely 
            regulated by the Department of Insurance to address consumer 
            protection issues.  The Consumer Federation of California 
            states that during this economic recession, it is critical 
            that the insurance market be cost-effective and that minority, 
            women, and disabled veterans enterprises receive an equal 
            opportunity to compete for business.  This bill will enable 
            the Department to examine and help to develop the industry's 
            supplier diversity practices and replicate the success of the 
            PUC program in another critical market.

           3)Opposition.   The Association of California Life and Health 
            Insurance Companies and the American Council of Life Insurers 
            states that this bill concerns its members because it would 
            give the IC the authority to develop and require outreach 
            programs, thus limiting or disrupting individual company 
            efforts to do what is best for the insurance business, 
            communities and policyholders.  The Personal Insurance 
            Federation of California (PIFC) states that the program used 
            by PUC concerning contracting with vendors applies to 
            regulated monopolies, but is not appropriate for insurance 
            companies which are competitive businesses.  Insurers are not 
            monopolies, have no guarantee of market share, no guarantee of 
            cost recovery, and no guaranteed rate of return.  PIFC also 
            states that major insurance companies already have procurement 
            processes that promote diversity on a national level and, as 
            national companies, should not be subject to state specific 
            requirements.  Also, the insurance industry already 
            participates in several community efforts including the 
            California Organized Investment Network (COIN) that promotes 
            economic development and affordable housing in urban and rural 
            areas of the state, with local and national diversity councils 
            that certify minority and women-owned businesses to insurers, 
            and with numerous charitable donations and volunteer efforts.  
                 








                                                                 AB 53
                                                                  Page  6

            4)Suggested amendments.   The following clarifying amendments are 
            recommended:
           
               a)     Require insurers to develop their outreach program.   
                 The bill would require the IC to develop the outreach 
                 program of major insurers and require these companies to 
                 implement these programs.  It is recommended that the 
                 bill be amended to clarify that insurers will be 
                 responsible for developing and implementing their 
                 outreach plans for supplier diversity.  On page 6, line 
                 39, strike out "develop and".  

               b)     Correct the latest value of the insurance market.   
                 In the findings and purpose section of the bill, it 
                 refers to an outdated value of the insurance market in 
                 California (i.e., $90 billion).  In 2009, the value was 
                 $116 billion.  Thus, on page 4, lines 3 -6, of the bill, 
                 it should be amended to state this most recent value.
                
               c)     Insurer.   The bill refers to "regulated insurance 
                 providers" on page 3, lines 14 and 35, and page 4, lines 
                 7 to 13 but this term is not defined.  It is recommended 
                 that this phrase be replaced with the word "insurer" as 
                 it is defined in the Insurance Code.  

          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Greenlining Institute (Lead Proponent)
          Asian Business Association
          Bay Area Black United Fund, Inc.
          Black Business Association
          Black Economic Council
          Brightline Defense Project
          California Black Chamber of Commerce
          California Communities United Institute
          Consumer Federation of California
          Council of Asian American Business Associations
          Community Union, Inc.
          Domar Group, Inc.
          Fresno Metro Black Chamber of Commerce
          Greater Los Angeles African American Chamber of Commerce
          HCI (Vocational School)
          Hispanic Business, Education and Training, Inc.








                                                                  AB 53
                                                                  Page  7

          Inland Empire Latino Coalition
          Korea Center, Inc.
          Korean Churches for Community Development
          La Maestra Family Clinic, Inc.
          Latino Business Chamber of Greater Los Angeles
          National Asian American Coalition
          National Federation of Filipino American Associations, Region 8, 
          Northern CA
          Our Weekly (newspaper)
          PEN Insurance Services
          San Francisco African American Chamber of Commerce
          TELACU Millennium
          The KHEIR (Korean Health Education Information & Research) 
          Center
          Vietnamese-American Chamber of Commerce of Orange County
          Ward Economic Development Corporation
           
           Opposition 

           American Council of Life Insurers
          Association of California Life and Health Insurance Companies
          Personal Insurance Federation of California (Oppose unless 
          amended)

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