Amended in Senate June 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 499

Introduced by Assembly Member Cooley

February 23, 2015

An act to amend begin delete Section 4370 of the Fish and Game Code, relating to hunting. end delete begin insert Sections 10083 and 10087 of, and to amend and repeal Section 10086 of, the Insurance Code, relating to insurance. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 499, as amended, Cooley. begin delete Archery season: concealed firearms. end delete begin insert Insurance: earthquake: mandatory offer. end insert

begin insert

Existing law provides that a policy of residential property insurance may not be issued or delivered or, under certain circumstances, initially renewed by an insurer unless the named insured is offered coverage for loss or damage caused by an earthquake. The required offer of earthquake coverage is authorized to be made prior to, concurrent with, or within 60 days following the issuance or renewal of a residential property insurance policy and must contain certain disclosure language. Existing law provides that when the insurer, agent, or broker establishes delivery of the disclosure form by obtaining the signature of the applicant or insured, or when an insurer, agent, or broker provides the applicant with the disclosure form and the applicant does not return a signed acknowledgment of receipt within 60 days of the date it was provided, there is a conclusive presumption that the insurer, agent, or broker has complied with the disclosure requirements.

end insert begin insert

This bill would delete the above presumption.

end insert begin insert

Existing law requires that if an offer of earthquake coverage is accepted, the coverage continues at the applicable rates and conditions for the policy term, provided the policy of residential property insurance is not terminated by the named insured or insurer. At any renewal, an insurer is authorized to modify the terms and conditions of an existing earthquake insurance policy, rider, or endorsement as long as the modified terms and conditions provide the minimum insurance coverages required and the insurer provides the insured with a stand-alone document disclosing the changes, as specified.

end insert begin insert

This bill would, among other things, instead require an insurer modifying the terms and conditions of an existing earthquake insurance policy, rider, or endorsement at renewal to provide the insured with the stand-alone document disclosing the changes when the modification of the terms and conditions reduces or substantially differs from the coverage previously provided to the insured.

end insert begin insert

Existing law provides that proof of mailing of the offer by first-class mail addressed to a named insured or applicant at the mailing address shown on the policy or application, or proof that the offer of coverage was sent to the named insured or applicant by electronic transmission, creates a conclusive presumption that the offer was made.

end insert begin insert

This bill would, among other things, add that if an offer, disclosure, or document required to be delivered is not mailed, but hand delivered to the insured, the insured’s signed receipt would create a conclusive presumption that the offer was provided or that the disclosure or document was delivered as required.

end insert begin insert

This bill would also make technical and clarifying changes.

end insert begin insert

This bill would provide that specified provisions of the act would only become operative if AB 2591 is enacted and takes effect on or before January 1, 2017.

end insert begin delete

Existing law establishes an archery season for the taking of deer with bow and arrow. Existing law generally prohibits a person taking or attempting to take deer during that archery season from carrying, or having under his or her immediate control, a firearm of any kind, except for an active or honorably retired peace officer, as specified.

end delete begin delete

This bill would authorize a person with a valid license to carry a firearm capable of being concealed on the person, consistent with the terms of that license, while engaged in the taking of deer with bow and arrow as long as he or she does not take or attempt to take deer with the firearm.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 10083 of the end insert begin insert Insurance Code end insert begin insert , as added
by Section 2.5 of Chapter 419 of the Statutes of 2014, is amended
to read: end insert

10083.  

(a) The offer of coverage required by Section 10081
may be made prior to, concurrent with, or within 60 days following
the issuance or renewal of a residential property insurance policy.
If the offer of coverage is mailed to the named insured or applicant,
it shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application. The offer may
be made electronically pursuant to Section 38.5.

(1) If the offer is made by a nonparticipating insurer as defined
in Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:

“Your residential property insurance policy does not cover
earthquake damage to your home or its contents.

To cover earthquake damage to your home and its contents you
need to purchase a separate earthquake insurance policy. The
coverage provided by an earthquake insurance policy is different
from, and typically more limited than, the coverage provided by
your residential property insurance policy.

California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance
company shall presume that you have not accepted this offer of
earthquake insurance.

You may purchase earthquake insurance coverage on the
following terms:

(A) Amount of Dwelling/Building Coverage Limit:
______________

(B) Deductible: ______________

(C) Contents Coverage Limit: ________________

(D) Additional Living Expenses Coverage Limit:
_________________

(E) Estimated Annual Premium:_______________

The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage
begins. If your covered loss is less than the applicable deductible,
you may not receive any payment.

Contact your insurance agent or your insurance company to
obtain details regarding this offer of earthquake insurance and
other coverage options.”

(2) If the offer is made by a participating insurer as defined by
Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:

“Your residential property insurance policy does not cover
earthquake damage to your home or its contents.

To cover earthquake damage to your home and its contents you
need to purchase a separate earthquake insurance policy. The
coverage provided by an earthquake insurance policy is different
from, and typically more limited than, the coverage provided by
your residential property insurance policy.

California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance
company shall presume that you have not accepted this offer of
earthquake insurance.

You may purchase earthquake insurance coverage on the
following terms:

(A) Amount of Dwelling/Building Coverage Limit:
_______________

(B) Deductible: ______________

(C) Contents Coverage Limit: _______________

(D) Additional Living Expenses Coverage Limit:
_____________

(E) Estimated Annual Premium:_______________

The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage
begins. If your covered loss is less than the applicable deductible,
you may not receive any payment.

If you choose not to accept this offer within the 30-day period,
you may apply for earthquake coverage at a later date.

Your insurance company contracts with the California
Earthquake Authority (CEA) to offer earthquake insurance to its
customers. For an additional premium, you can choose CEA
coverage options such as higher limits for Contents or Additional
Living Expenses, increased building code upgrade limits, or a
lower deductible. You can also choose to buy certain CEA
coverages separately.

Contact your insurance agent or your insurance company to
obtain details regarding this offer of earthquake insurance and
other coverage options.”

begin delete

(b) When the insurer, agent, or broker establishes delivery of
the disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was
provided, there shall be a conclusive presumption that the insurer,
agent, or broker has complied with the disclosure requirements of
this section.

end delete begin insert

(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall
be required on an every other year basis to offer earthquake
coverage in connection with any continuation, renewal, or
reinstatement of the policy following any lapse thereof, or with
respect to any other policy that extends, changes, supersedes, or
replaces the policy of residential property insurance.

end insert

(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.

(d) The commissioner may begin delete only end delete approve modifications to the
language prescribed in subdivision (a) begin insert only end insert if all of the following
conditions are met:

(1) The modifications are not in conflict with or in derogation
of any provision of this section or Section 10089.

(2) The modifications begin delete are necessary to ensure that the disclosure
statement accurately reflects the coverage actually end delete begin insert accurately
describe the coverage end insert provided by the policy being offered.

(3) The modifications are strictly limited to necessary changes
so that the modified begin delete disclosure statement end delete begin insert offer end insert is otherwise identical
to the begin delete disclosure statement prescribed in this section. end delete begin insert offer
prescribed in subdivision (a). end insert

(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject to the requirements.

(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:

(A) A renewal of that policy is offered.

(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.

(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form
of the written notice within that period for being misleading or
incomplete.

begin delete

(g) This section shall become operative on January 1, 2016.

end delete begin delete

(h)

end delete

begin insert (g) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10083 of the end insert begin insert Insurance Code end insert begin insert , as amended by
Section 2.5 of Chapter 427 of the Statutes of 2014, is amended to
read: end insert

10083.  

(a) The offer of coverage required by Section 10081
may be made prior to, concurrent with, or within 60 days following
the issuance or renewal of a residential property insurance policy.
If the offer of coverage is mailed to the named insured or applicant,
it shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application.

(1) If the offer is made by a nonparticipating insurer as defined
in Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:

“Your residential property insurance policy does not cover
earthquake damage to your home or its contents.

To cover earthquake damage to your home and its contents you
need to purchase a separate earthquake insurance policy. The
coverage provided by an earthquake insurance policy is different
from, and typically more limited than, the coverage provided by
your residential property insurance policy.

California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance
company shall presume that you have not accepted this offer of
earthquake insurance.

You may purchase earthquake insurance coverage on the
following terms:

(A) Amount of Dwelling/Building Coverage Limit:
_______________

(B) Deductible: ______________

(C) Contents Coverage Limit: _______________

(D) Additional Living Expenses Coverage Limit:
_____________

(E) Estimated Annual Premium:_______________

The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage
begins. If your covered loss is less than the applicable deductible,
you may not receive any payment.

Contact your insurance agent or your insurance company to
obtain details regarding this offer of earthquake insurance and
other coverage options.”

(2) If the offer is made by a participating insurer as defined by
Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:

“Your residential property insurance policy does not cover
earthquake damage to your home or its contents.

To cover earthquake damage to your home and its contents you
need to purchase a separate earthquake insurance policy. The
coverage provided by an earthquake insurance policy is different
from, and typically more limited than, the coverage provided by
your residential property insurance policy.

California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance
company shall presume that you have not accepted this offer of
earthquake insurance.

You may purchase earthquake insurance coverage on the
following terms:

(A) Amount of Dwelling/Building Coverage Limit:
_______________

(B) Deductible: ______________

(C) Contents Coverage Limit: _______________

(D) Additional Living Expenses Coverage Limit:
_____________

(E) Estimated Annual Premium:_______________

The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage
begins. If your covered loss is less than the applicable deductible,
you may not receive any payment.

If you choose not to accept this offer within the 30-day period,
you may apply for earthquake coverage at a later date.

Your insurance company contracts with the California
Earthquake Authority (CEA) to offer earthquake insurance to its
customers. For an additional premium, you can choose CEA
coverage options such as higher limits for Contents or Additional
Living Expenses, increased building code upgrade limits, or a
lower deductible. You can also choose to buy certain CEA
coverages separately.

Contact your insurance agent or your insurance company to
obtain details regarding this offer of earthquake insurance and
other coverage options.”

begin delete

(b) When the insurer, agent, or broker establishes delivery of
the disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was
provided, there shall be a conclusive presumption that the insurer,
agent, or broker has complied with the disclosure requirements of
this section.

end delete begin insert

(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall
be required on an every other year basis to offer earthquake
coverage in connection with any continuation, renewal, or
reinstatement of the policy following any lapse thereof, or with
respect to any other policy that extends, changes, supersedes, or
replaces the policy of residential property insurance.

end insert

(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.

(d) The commissioner may begin delete only end delete approve modifications to the
language prescribed in subdivision (a) begin insert only end insert if all of the following
conditions are met:

(1) The modifications are not in conflict with or in derogation
of any provision of this section or Section 10089.

(2) The modifications begin delete are necessary to ensure that the disclosure
statement accurately reflects the coverage actually end delete begin insert accurately
describe the coverage end insert provided by the policy being offered.

(3) The modifications are strictly limited to necessary changes
so that the modified begin delete disclosure statement end delete begin insert offer end insert is otherwise identical
to the begin delete disclosure statement prescribed in this section. end delete begin insert offer
prescribed in subdivision (a). end insert

(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject thereto.

(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:

(A) A renewal of that policy is offered.

(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.

(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form
of the written notice within that period for being misleading or
incomplete.

(g) This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 10086 of the end insert begin insert Insurance Code end insert begin insert , as added by
Section 5 of Chapter 419 of the Statutes of 2014, is amended to
read: end insert

10086.  

(a) If an offer of earthquake coverage, made pursuant
to Section 10081, is accepted, the coverage shall be continued at
the applicable rates and conditions for the policy term, provided
the policy of residential property insurance is not terminated by
the named insured or insurer.

(1) At any renewal, an insurer may modify the terms and
conditions of an existing policy, rider, or endorsement providing
coverage against loss or damage caused by the peril of earthquake
if the modified terms and conditions provide the minimum
coverages required by Section 10089.

begin delete

(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured
with the renewal notice in a stand-alone disclosure document
stating the changes in the terms and conditions of the insured’s
existing policy, rider, or endorsement. The offer of renewal may
be made electronically pursuant to Section 38.5. Proof of mailing
of the disclosure document by first-class mail to a named insured
at the mailing address shown on the policy or application, or proof
consistent with Section 38.5 that the offer of renewal of coverage
was sent to the named insured or applicant by electronic
transmission, creates a conclusive presumption that the disclosure
document was provided. The disclosure shall include the following
statement in 14-point boldface type:

end delete begin insert

(2) If the modification referenced in paragraph (1) reduces or
substantially differs from the coverage previously provided, an
insurer shall provide the insured with the renewal offer required
by Section 10083 and a stand-alone document stating the changes
in the terms and conditions of the insured’s existing policy, rider,
or endorsement. The offer of renewal may be made electronically
pursuant to Section 38.5. Proof of mailing of the offer of renewal
by first-class mail to a named insured at the mailing address shown
on the policy or application, or proof consistent with Section 38.5
that the offer of renewal of coverage was sent to the named insured
or applicant by electronic transmission, creates a conclusive
presumption that the offer of renewal was provided. The
stand-alone document shall include the following statement in
14-point boldface type:

end insert

“THE COVERAGE IN THE POLICY WE ARE OFFERING
YOU WITH THIS RENEWAL HAS BEEN REDUCED, AND
SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS’ POLICY.
INSURANCE COMPANIES ARE ALLOWED TO RENEW
EARTHQUAKE INSURANCE POLICIES WITH COVERAGE
THAT IS REDUCED FROM THE COVERAGE YOU
PREVIOUSLY PURCHASED. YOU MAY REQUEST A
SAMPLE COPY OF THIS NEW POLICY TO REVIEW PRIOR
TO MAKING A DECISION TO ACCEPT THIS RENEWAL,
AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE
COPY SHALL NOT CHANGE OR EXTEND THE POLICY
EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS
NOTICE.”

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert commissioner shall approve the begin delete form of the summary end delete
begin insert offer of renewal end insert at the time he or she approves the policy. The
begin delete summary end delete begin insert offer of renewal end insert shall include the information contained
in subdivision (a) of Section 10083, and may be included with the
renewal notice in standard type.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert commissioner may approve begin insert a end insert substantially similar
begin delete disclosure forms end delete begin insert form of the offer of renewal end insert if necessary to
accurately disclose relevant information to the policyholder. begin delete The
commissioner may also approve disclosure forms substantially
similar to the disclosure statement required by Section 10083 if
necessary to accurately disclose relevant information to the
policyholder. end delete

begin delete

(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of
the policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance. The offer may be made
electronically pursuant to Section 38.5.

(c)

end delete

begin insert (b) end insert  Nothing in this section shall preclude the named insured
from terminating the earthquake coverage at any time.

begin delete

(d) This section shall become operative on January 1, 2016.

end delete begin delete

(e)

end delete

begin insert (c) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 10086 of the end insert begin insert Insurance Code end insert begin insert , as added by
Section 5 of Chapter 419 of the Statutes of 2014, is repealed. end insert

begin delete

10086.  

(a) If an offer of earthquake coverage, made pursuant
to Section 10081, is accepted, the coverage shall be continued at
the applicable rates and conditions for the policy term, provided
the policy of residential property insurance is not terminated by
the named insured or insurer.

(1) At any renewal, an insurer may modify the terms and
conditions of an existing policy, rider, or endorsement providing
coverage against loss or damage caused by the peril of earthquake
if the modified terms and conditions provide the minimum
coverages required by Section 10089.

(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured
with the renewal notice in a stand-alone disclosure document
stating the changes in the terms and conditions of the insured’s
existing policy, rider, or endorsement. The offer of renewal may
be made electronically pursuant to Section 38.5. Proof of mailing
of the disclosure document by first-class mail to a named insured
at the mailing address shown on the policy or application, or proof
consistent with Section 38.5 that the offer of renewal of coverage
was sent to the named insured or applicant by electronic
transmission, creates a conclusive presumption that the disclosure
document was provided. The disclosure shall include the following
statement in 14-point boldface type:

“THE COVERAGE IN THE POLICY WE ARE OFFERING
YOU WITH THIS RENEWAL HAS BEEN REDUCED, AND
SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS’ POLICY.
INSURANCE COMPANIES ARE ALLOWED TO RENEW
EARTHQUAKE INSURANCE POLICIES WITH COVERAGE
THAT IS REDUCED FROM THE COVERAGE YOU
PREVIOUSLY PURCHASED. YOU MAY REQUEST A
SAMPLE COPY OF THIS NEW POLICY TO REVIEW PRIOR
TO MAKING A DECISION TO ACCEPT THIS RENEWAL,
AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE
COPY SHALL NOT CHANGE OR EXTEND THE POLICY
EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS
NOTICE.”

The commissioner shall approve the form of the summary at the
time he or she approves the policy. The summary shall include the
information contained in subdivision (a) of Section 10083, and
may be included with the renewal notice in standard type.

The commissioner may approve substantially similar disclosure
forms if necessary to accurately disclose relevant information to
the policyholder. The commissioner may also approve disclosure
forms substantially similar to the disclosure statement required by
Section 10083 if necessary to accurately disclose relevant
information to the policyholder.

(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of
the policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance. The offer may be made
electronically pursuant to Section 38.5.

(c) Nothing in this section shall preclude the named insured
from terminating the earthquake coverage at any time.

(d) This section shall become operative on January 1, 2016.

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 10086 of the end insert begin insert Insurance Code end insert begin insert , as amended by
Section 6 of Chapter 419 of the Statutes of 2014, is amended to
read: end insert

10086.  

(a) If an offer of earthquake coverage, made pursuant
to Section 10081, is accepted, the coverage shall be continued at
the applicable rates and conditions for the policy term, provided
the policy of residential property insurance is not terminated by
the named insured or insurer.

(1) At any renewal, an insurer may modify the terms and
conditions of an existing policy, rider, or endorsement providing
coverage against loss or damage caused by the peril of earthquake
if the modified terms and conditions provide the minimum
coverages required by Section 10089.

begin delete

(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured
with the renewal notice in a stand-alone disclosure document
stating the changes in the terms and conditions of the insured’s
existing policy, rider, or endorsement. Proof of mailing of the
disclosure document by first-class mail to a named insured at the
mailing address shown on the policy or application creates a
conclusive presumption that the disclosure document was provided.
The disclosure shall include the following statement in 14-point
boldface type:

end delete begin insert

(2) If the modification referenced in paragraph (1) reduces or
substantially differs from the coverage previously provided, an
insurer shall provide the insured with the renewal offer required
by Section 10083 and a stand-alone document stating the changes
in the terms and conditions of the insured’s existing policy, rider,
or endorsement. The stand-alone document shall include the
following statement in 14-point boldface type:

end insert

 

“THE COVERAGE IN THE POLICY WE ARE OFFERING
YOU WITH THIS RENEWAL HAS BEEN REDUCED, AND
SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS’ POLICY.
INSURANCE COMPANIES ARE ALLOWED TO RENEW
EARTHQUAKE INSURANCE POLICIES WITH COVERAGE
THAT IS REDUCED FROM THE COVERAGE YOU
PREVIOUSLY PURCHASED. YOU MAY REQUEST A
SAMPLE COPY OF THIS NEW POLICY TO REVIEW PRIOR
TO MAKING A DECISION TO ACCEPT THIS RENEWAL,
AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE
COPY SHALL NOT CHANGE OR EXTEND THE POLICY
EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS
NOTICE.”

 

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert commissioner shall approve the form of the begin delete summary end delete
begin insert offer of renewal end insert at the time he or she approves the policy. The
begin delete summary end delete begin insert offer of renewal end insert shall include the information contained
in subdivision (a) of Section 10083, and may be included with the
renewal notice in standard type.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert commissioner may approve begin insert a end insert substantially similar
begin delete disclosure forms end delete begin insert form of the offer of renewal end insert if necessary to
accurately disclose relevant information to the policyholder. begin delete The
commissioner may also approve disclosure forms substantially
similar to the disclosure statement required by Section 10083 if
necessary to accurately disclose relevant information to the
policyholder. end delete

begin delete

(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of
the policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance.

(c)

end delete

begin insert (b) end insert  Nothing in this section shall preclude the named insured
from terminating the earthquake coverage at any time.

begin delete

(d)

end delete

begin insert (c) end insert  This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 4.5. end insert   

end insert

begin insert Section 10086 of the end insert begin insert Insurance Code end insert begin insert , as amended
by Section 6 of Chapter 419 of the Statutes of 2014, is amended
to read: end insert

10086.  

(a) If an offer of earthquake coverage, made pursuant
to Section 10081, is accepted, the coverage shall be continued at
the applicable rates and conditions for the policy term, provided
the policy of residential property insurance is not terminated by
the named insured or insurer.

(1) At any renewal, an insurer may modify the terms and
conditions of an existing policy, rider, or endorsement providing
coverage against loss or damage caused by the peril of earthquake
if the modified terms and conditions provide the minimum
coverages required by Section 10089.

begin delete

(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured
with the renewal notice in a stand-alone disclosure document
stating the changes in the terms and conditions of the insured’s
existing policy, rider, or endorsement. Proof of mailing of the
disclosure document by first-class mail to a named insured at the
mailing address shown on the policy or application creates a
conclusive presumption that the disclosure document was provided.
The disclosure shall include the following statement in 14-point
boldface type:

end delete begin insert

(2) If the modification referenced in paragraph (1) reduces or
substantially differs from the coverage previously provided, an
insurer shall provide the insured with the renewal offer required
by Section 10083 and a stand-alone document stating the changes
in the terms and conditions of the insured’s existing policy, rider,
or endorsement. The stand-alone document shall include the
following statement in 14-point boldface type:

end insert

 

“THE COVERAGE IN THE POLICY WE ARE OFFERING
YOU WITH THIS RENEWAL HAS BEEN REDUCED, AND
SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS’ POLICY.
INSURANCE COMPANIES ARE ALLOWED TO RENEW
EARTHQUAKE INSURANCE POLICIES WITH COVERAGE
THAT IS REDUCED FROM THE COVERAGE YOU
PREVIOUSLY PURCHASED. YOU MAY REQUEST A
SAMPLE COPY OF THIS NEW POLICY TO REVIEW PRIOR
TO MAKING A DECISION TO ACCEPT THIS RENEWAL,
AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE
COPY SHALL NOT CHANGE OR EXTEND THE POLICY
EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS
NOTICE.”

 

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert commissioner shall approve the form of the begin delete summary end delete
begin insert offer of renewal end insert at the time he or she approves the policy. The
begin delete summary end delete begin insert offer of renewal end insert shall include the information contained
in subdivision (a) of Section 10083, and may be included with the
renewal notice in standard type.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert commissioner may approve begin insert a end insert substantially similar
begin delete disclosure forms end delete begin insert form of the offer of renewal end insert if necessary to
accurately disclose relevant information to the policyholder. begin delete The
commissioner may also approve disclosure forms substantially
similar to the disclosure statement required by Section 10083 if
necessary to accurately disclose relevant information to the
policyholder. end delete

begin delete

(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of
the policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance.

(c)

end delete

begin insert (b) end insert  Nothing in this section shall preclude the named insured
from terminating the earthquake coverage at any time.

begin delete

(d) This section shall become operative on January 1, 2019.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 10087 of the end insert begin insert Insurance Code end insert begin insert , as amended by
Section 16 of Chapter 369 of the Statutes of 2013, is amended to
read: end insert

10087.  

(a) As used in this chapter, “policy of residential
property insurance” shall mean a policy insuring individually
owned residential structures of not more than four dwelling units,
individually owned condominium units, or individually owned
mobilehomes, and their contents, located in this state and used
exclusively for residential purposes or a tenant’s policy insuring
personal contents of a residential unit located in this state. “Policy
of residential property insurance,” as defined, shall not include
insurance for real property or its contents used for any commercial,
industrial, or business purpose, except a structure of not more than
four dwelling units rented for individual residential purposes. A
policy that does not include any of the perils insured against in a
standard fire policy shall not be included in the definition of “policy
of residential property insurance.”

(b) Proof of mailing of begin delete the offer end delete begin insert any offer, disclosure, or
document required to be delivered by this chapter end insert by first-class
mail addressed to a named insured or applicant at the mailing
address shown on the policy or application, or proof consistent
with Section 38.5 that the offer of coverage was sent to the named
insured or applicant by electronic transmission, shall create a
conclusive presumption that the offer was begin delete made. end delete begin insert made or that the
disclosure or document was delivered as required. If an offer,
disclosure, or document required to be delivered by this chapter
is not mailed, but is hand delivered to the insured, the insured’s
signed receipt creates a conclusive presumption that the offer was
provided or that the disclosure or document was delivered as
required. end insert

(c) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 10087 of the end insert begin insert Insurance Code end insert begin insert , as added by
Section 17 of Chapter 369 of the Statutes of 2013, is amended to
read: end insert

10087.  

(a) As used in this chapter “policy of residential
property insurance” shall mean a policy insuring individually
owned residential structures of not more than four dwelling units,
individually owned condominium units, or individually owned
mobilehomes, and their contents, located in this state and used
exclusively for residential purposes or a tenant’s policy insuring
personal contents of a residential unit located in this state. “Policy
of residential property insurance,” as defined, shall not include
insurance for real property or its contents used for any commercial,
industrial or business purpose, except a structure of not more than
four dwelling units rented for individual residential purposes. A
policy that does not include any of the perils insured against in a
standard fire policy shall not be included in the definition of “policy
of residential property insurance.”

(b) Proof of mailing of begin delete the offer end delete begin insert any offer, disclosure, or
document required to be delivered by this chapter end insert by first-class
mail addressed to a named insured or applicant at the mailing
address shown on the policy or application shall create a conclusive
presumption that the offer was begin delete made. end delete begin insert made or that the disclosure
or document was delivered as required. If an offer, disclosure, or
document required to be delivered by this chapter is not mailed,
but is hand delivered to the insured, the insured’s signed receipt
creates a conclusive presumption that the offer was provided or
that the disclosure or document was delivered as required. end insert

(c) This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

(a) Section 3.5 of this bill, which repeals Section 10086
of the Insurance Code, as added by Section 5 of Chapter 419 of
the Statutes of 2014, shall become operative only if Assembly Bill
2591 of the 2015-16 Regular Session is enacted and takes effect
on or before January 1, 2017, in which case Section 3 of this bill
shall not become operative.

end insert begin insert

(b) Section 4.5 of this bill, which amends Section 10086 of the
Insurance Code, as amended by Section 6 of Chapter 419 of the
Statutes of 2014, shall become operative only if Assembly Bill 2591
of the 2015-16 Regular Session is enacted and takes effect on or
before January 1, 2017, in which case Section 4 of this bill shall
not become operative.

end insert

begin delete

SECTION 1.  

Section 4370 of the Fish and Game Code is
amended to read:

4370.  

(a) In every area in which deer may lawfully be taken
during the general open season there is an archery season for the
taking of deer with bow and arrow. The season for each area shall
be as the commission may prescribe, with a minimum interposing
interval of three days immediately preceding the regular open
season on deer in that area. Except as provided in subdivision (b),
a person taking or attempting to take deer during such archery
season shall neither carry, nor have under his or her immediate
control, any firearm of any kind.

(b) A peace officer listed in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, whether active
or honorably retired, or a person with a valid license to carry a
concealed firearm pursuant to Chapter 4 (commencing with Section
26150) of Division 5 of Title 4 of Part 6 of the Penal Code,
consistent with the terms of that license, may carry a firearm
capable of being concealed on his or her person while engaged in
the taking of deer with bow and arrow in accordance with
subdivision (a), but shall not take or attempt to take deer with the
firearm.

end delete