BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 704 (Cooley) - Escrow services:  authorization to transact  
          business
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: July 6, 2015           |Policy Vote: INS. 8 - 0, B. &   |
          |                                |          F.I. 7 - 0            |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: August 17, 2015   |Consultant: Brendan McCarthy    |
          |                                |                                |
           ----------------------------------------------------------------- 
          
          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 704 would modify the regulatory requirements on  
          underwritten title companies regulated by the Department of  
          Insurance.


          Fiscal  
          Impact:  Regulatory and licensing costs to the department of  
          Insurance of $192,000 (offset by $32,000 in fee revenues) in  
          2015-16, $107,000 (offset by $65,000) in 2016-17, and $80,000  
          (offset by $56,000) per year thereafter (Insurance Fund).


          Background:  Under current law, companies providing real estate escrow  
          services can be licensed by the Department of Insurance, the  
          Department of Business Oversight, or the Bureau of Real Estate.  
          Underwritten title companies are regulated by the Department of  
          Insurance. Underwritten title companies provide escrow services  
          as well as providing certain services in connection with the  







          AB 704 (Cooley)                                        Page 1 of  
          ?
          
          
          issuance of title insurance. Current law requires an  
          underwritten title company to be licensed in any county in which  
          it conducts business, to maintain a minimum net worth, and to  
          deposit $7,500 with the Insurance Commissioner for each county  
          in which it transacts business.


          Proposed Law:  
            AB 704 would modify the regulatory requirements on  
          underwritten title companies regulated by the Department of  
          Insurance. 
          Specific provisions of the bill would:
           Authorize an underwritten title company to conduct escrow  
            services at business locations in counties in which the  
            company is licensed, regardless of the location of the real  
            property involved in the transaction;
           Delete the requirement that an underwritten title company  
            deposit $7,500 for each county in which it conducts business  
            with the Insurance Commissioner (effective July 1, 2016);
           Require an underwritten title company maintain a bond of  
            $50,000 or $100,000 or similar financial instrument, depending  
            on the size of the company, with the Insurance Commissioner  
            (effective July 1, 2016);
           Make related technical changes.


          Related  
          Legislation:  AB 1704 (Hagman, 2014) would have authorized the  
          Insurance Commissioner to license a an underwritten title  
          company to engage in escrow services in all California counties.  
          That bill was never heard in the Assembly Insurance Committee.


                                      -- END --