BILL NUMBER: AB 565	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 24, 2015

   An act to amend Section 10191 of the Insurance Code, relating to
insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 565, as introduced, Cooley. Insurance contracts.
   Existing law authorizes the Insurance Commissioner to promulgate,
from time to time as conditions warrant, after notice and hearing,
reasonable rules and regulations, and amendments and additions to
those rules and regulations, as are necessary or advisable in order
to establish and maintain a procedure for the filing and approval of
specified documents prior to their issuance, delivery, or use in this
state.
   This bill would make technical, nonsubstantive changes to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10191 of the Insurance Code is amended to read:

   10191.  (a) The commissioner may, from time to time as conditions
warrant, after notice and hearing, promulgate  such 
reasonable rules and regulations, and amendments and additions
 thereto,   to those rules and regulations,
 as are necessary or advisable, to establish and maintain a
procedure for the filing and approval of documents, as defined in
this section, prior to their issuance, delivery, or use in this
state, in lieu of the requirements of submission, filing, or approval
for the documents presently provided in Section 10205, 10205.5,
10205.6, 10225, 10270, 10270.1, 10270.57, 10270.9, 10270.91,
10270.92, 10270.93, 10290, 10292, 11066, 11069,  11513,
11513.1, 11513.2, 11515,  or 11658. For purposes of this
section, "document" includes, but is not limited to, every form of
contract, insurance policy, application, rider, endorsement,
amendment, insert policy page, certificate, or other evidence or
notice of insurance, fill-in material, schedules of rates and
classifications of risks, and any modification to any document, which
is subject to the requirements of any of the  enumerated
sections.   sections described in this subdivision.

   (b) Any  such  rule or regulation shall be
promulgated in accordance with the procedure provided in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (c) In promulgating any  such  rule or
regulation, the commissioner may give consideration to the following
circumstances:
   (1) Whether all  such  documents, the submission,
filing, or approval of which is governed by any of the 
foregoing enumerated sections,   sections described in
subdivision (a),  or only a portion  thereof 
 of those documents  described in the rule or regulation,
shall be subject  thereto.   to the rule or
regulation. 
   (2) Whether certain documents or portions  thereof
  of those documents  should be regulated in
respect of submission, filing, or approval in a fashion differing
from similar requirements applicable to other documents.
   (3) Whether varying procedures may be made applicable among
admitted insurers in respect of the submission, filing or approval
predicated, in whole or in part, upon  such  
the following  factors  as   :  
(A)  the age and size of the submitting insurer,  (B) 
the period of its licensing in this state for the class or classes of
insurance represented by the documents,  (C)  the nature
and number of prior submissions of similar documents and the
disposition  thereof   of those prior
submissions  by the commissioner,  (D)  and similar
criteria  which   that  is relevant to a
determination that the submitting insurer has demonstrated compliance
with all applicable statutes, rules, and regulations relating to
documents comprising prior submissions.
   (d) In promulgating any  such  rules and
regulations, the commissioner shall, so far as practical, describe or
define certain provisions: (1)  which   that
 the commissioner will authorize without review when accompanied
by a certification prescribed by him or her by rule, and (2)
 which   that  the commissioner will under
no circumstances approve.
   (e) The commissioner shall establish a period of time, not shorter
than one year, during which any change in the provisions 
which   that  pursuant to subdivision (d), he or
she has provided he or she will under no circumstances approve, will
not apply to policies filed prior to the effective date of the
change.
   (f) Except as otherwise provided in this  section
  section,  any document approved by the
commissioner pursuant to rules and regulations authorized by this
section may have its approval withdrawn in accordance with
subdivision (d) of Section 10291.5 or Section 12957, whichever is
applicable.