BILL NUMBER: AB 1131 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 27, 2015
An act to amend Section 1633.3 of the Civil Code, and to amend
Sections 38.5, 38.8, 663, 678, and 678.1 of the Insurance Code,
relating to electronic records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1131, as introduced, Dababneh. Insurance: electronic
transmission.
Existing law generally requires that any required notice related
to insurance transactions be made by mail. Existing law authorizes an
insurer, under specified conditions, to provide by electronic
transmission the required offer of renewal for automobile insurance,
the required offer of renewal or conditional renewal for property
insurance, the required offer of coverage or renewal or any
disclosure required regarding earthquake insurance, and the offer of
renewal for a workers' compensation policy.
Existing law also generally requires that, a record, signature, or
contract may not be denied legal effect or enforceability because it
is in electronic form. Existing law exempts from this requirement
disability insurance and life insurance policies and certificates
offered for sale to individuals 65 years of age or older, notice of
an increase in premiums on an individual life insurance policy,
individual life insurance policies with a face value of less than
$10,000, a policy of individual life insurance that is initially
delivered or issued for delivery in the state on and after January 1,
1990, applications for life insurance or annuity, and a policy
replacement notice.
This bill would authorize additional persons to send records by
electronic transmission by providing that an insurer, agent, broker,
or any other person licensed by the Department of Insurance may send
electronic records. This bill would expand the scope of electronic
notice provisions by allowing the above licensees to send any written
record by electronic transmission if not specifically excluded and
if the licensee meets specified requirements.
This bill would make conforming changes.
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 1633.3 of the Civil Code, as amended by Section
3 of Chapter 913 of the Statutes of 2014, is amended to read:
1633.3. (a) Except as otherwise provided in subdivisions (b) and
(c), this title applies to electronic records and electronic
signatures relating to a transaction.
(b) This title does not apply to transactions subject to the
following laws:
(1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.
(2) Division 1 (commencing with Section 1101) of the Uniform
Commercial Code, except Sections 1206 and 1306.
(3) Divisions 3 (commencing with Section 3101), 4 (commencing with
Section 4101), 5 (commencing with Section 5101), 8 (commencing with
Section 8101), 9 (commencing with Section 9101), and 11 (commencing
with Section 11101) of the Uniform Commercial Code.
(4) A law that requires that specifically identifiable text or
disclosures in a record or a portion of a record be separately
signed, including initialed, from the record. However, this paragraph
does not apply to Section 1677 or 1678 of this code or Section 1298
of the Code of Civil Procedure.
(c) This title does not apply to any specific transaction
described in Section 17511.5 of the Business and Professions Code,
Section 56.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6,
1689.7, or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
1789.16, or 1793.23 of, Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
1917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i, 2924j,
2924.3, or 2937 of, Article 1.5 (commencing with Section 2945) of
Chapter 2 of Title 14 of Part 4 of Division 3 of, Section 2954.5 or
2963 of, Chapter 2b (commencing with Section 2981) or 2d (commencing
with Section 2985.7) of Title 14 of Part 4 of Division 3 of, Section
3071.5 of, Part 5 (commencing with Section 4000) of Division 4 of, or
Part 5.3 (commencing with Section 6500) of Division 4 of this code,
subdivision (b) of Section 18608 or Section 22328 of the Financial
Code, Section 1358.15, 1365, 1368.01, 1368.1, 1371, or 18035.5 of the
Health and Safety Code, Section 662, paragraph (2) of subdivision
(a) of Section 663, 664, 667.5, 673, 677, paragraph (2) of
subdivision (a) of Section 678, subdivisions (a) and (b) of Section
678.1, Section 786, 10113.7, 10127.7, 10127.9, 10127.10,
10192.18, 10199.44, 10199.46, 10235.16, 10235.40,
10509.4, 10509.7, 11624.09, or 11624.1 of the Insurance
Code, Section 779.1, 10010.1, or 16482 of the Public Utilities Code,
or Section 9975 or 11738 of the Vehicle Code. An electronic record
may not be substituted for any notice that is required to be sent
pursuant to Section 1162 of the Code of Civil Procedure. Nothing in
this subdivision shall be construed to prohibit the recordation of
any document with a county recorder by electronic means.
(d) This title applies to an electronic record or electronic
signature otherwise excluded from the application of this title under
subdivision (b) when used for a transaction subject to a law other
than those specified in subdivision (b).
(e) A transaction subject to this title is also subject to other
applicable substantive law.
(f) The exclusion of a transaction from the application of this
title under subdivision (b) or (c) shall be construed only to exclude
the transaction from the application of this title, but shall not be
construed to prohibit the transaction from being conducted by
electronic means if the transaction may be conducted by electronic
means under any other applicable law.
(g) 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.
SEC. 2. Section 38.5 of the Insurance Code, as amended by Section
4 of Chapter 369 of the Statutes of 2013, is amended to read:
38.5. (a) (1) Any written notice
record required to be given or mailed to any
person by an insurer a licensee
relating to any insurance on risks or on operations in this state not
excepted by subdivision (a), (b), (c), (d), (e),
or (g) of Section 1851 from the coverage of Chapter 9 (commencing
with Section 1850.4) of Part 2 of Division 1 of this code may, if not
excluded by subdivision (b) or (c) of Section 1633.3 of the Civil
Code, be provided by electronic transmission pursuant to Title 2.5
(commencing with Section 1633.1) of Part 2 of Division 3 of the Civil
Code, if each party has agreed to conduct the transaction by
electronic means pursuant to Section 1633.5 of the Civil
Code. Civil Code, and if the licensee
complies with the provisions of this section. A valid electronic
signature shall be sufficient for any provision of law requiring a
written s ignature. The affidavit of the person who
initiated the electronic transmission, stating the facts of that
transmission into an information processing system outside of the
control of the sender or of any person that sent the electronic
record on behalf of the sender, is prima facie evidence that the
notice was transmitted and shall be sufficient proof of notice. Any
notice provided by electronic transmission shall be treated as if
mailed or given for the purposes of any provision of this code,
except as provided by subdivision (g) of Section 1633.15 of the Civil
Code. The insurance company shall maintain a system for confirming
that any notice or document that is to be provided by electronic
means has been sent in a manner consistent with Section 1633.15 of
the Civil Code. A valid electronic signature shall be sufficient for
any provision of law requiring a written signature. The insurance
company shall retain a copy of the confirmation and electronic
signature, when either is required, with the policy information so
that they are retrievable upon request by the Department of Insurance
while the policy is in force and for five years thereafter.
(b) The offer of renewal required by Sections 663 and 678, the
notice of conditional renewal required by Section 678.1, and the
offer of coverage or renewal or any disclosure required by Section
10086 and the offer of renewal for a workers' compensation policy may
be provided by electronic transmission if an insurer complies with
all of the following:
(2) For purposes of this section, the definitions set forth in
Section 1633.2 of the Civil Code shall apply. The term "licensee"
means an insurer, agent, broker, or any other person who is required
to be licensed by the department.
(b) In order to transmit a record
electronically, a licensee shall comply with all of the following:
(1) An insurer, or insurer's A licensee,
or licensee's representative, acquires the consent of the
insured person to opt in to receive the
offer, notice, or disclosure record by
electronic transmission, and the insured
person has not withdrawn that consent, prior to providing the
offer, notice, or disclosure record by
electronic transmission. An insured's A
person's consent may be acquired verbally, in writing, or
electronically. If consent is acquired verbally, the insurer
licensee shall confirm consent in writing or
electronically. The insurer licensee
shall retain a record of the insured's person'
s consent to receive the offer, notice, or disclosure
record by electronic transmission with the
policy information so that it is retrievable upon request by the
Department of Insurance department
while the policy is in force and for five years thereafter.
(2) An insurer A licensee discloses,
in writing or electronically, to the insured
person all of the following:
(A) The opt in to receive the offer, notice, or
disclosure record by electronic transmission is
voluntary.
(B) That the insured person may opt
out of receiving the offer, notice, or disclosure
record by electronic transmission at any time, and the
process or system for the insured person
to opt out.
(C) A description of the offer, notice, or disclosure
record that the insured
person will receive by electronic transmission.
(D) The process or system to report a change or correction in the
insured's person's email address.
(E) The insurer's licensee's contact
information, which includes, but is not limited to, a toll-free
number or an insurer's the licensee's
Internet Web site address.
(3) The disclosure required by paragraph (2) and the opt-in
consent language may be set forth in the application or in a separate
document that is part of the policy and shall be bolded or otherwise
set forth in a conspicuous manner. The person's signature shall be
set forth immediately below the person's opt-in consent and shall be
obtained before the application is completed. The licensee shall
retain a copy of the confirmation and electronic signature, if either
is required, with the policy information so that each is retrievable
upon request by the Department of Insurance while the policy is in
force and for five years thereafter.
(3) An insurer
(4) If the transaction specifically
involves the insured, the licensee shall include the insured's
email address on the policy declaration page.
(4) An insurer
(5) The licensee shall annually
provide one free printed copy of any offer, notice, or
disclosure record described in this subdivision
upon request by the insured. the person.
(5) An insurer
(6) If a provision of this
code requires a licensee to transmit a record by regular mail, or
does not specify a method of delivery, and if the licensee is not
otherwise prohibited from transmitting the record electronically
under subdivision (b) of Section 1633.8 of the Civil Code, then
the licensee shall maintain a process or system that can
demonstrate that the offer, notice, or disclosure
record provided by electronic transmission was both sent
and received consistent with Section 1633.15 of the Civil Code. If a
different method of sending or receiving is agreed upon by the
insurer licensee and the
insured person pursuant to Section 1633.15 of
the Civil Code, an insurer a licensee
shall comply with the provisions of this subdivision. The
insurer licensee shall retain and document
information so that the documentation and information is retrievable
upon request by the Department of Insurance
department while the current policy is in force and for five
years thereafter related to its process or system demonstrating that
the offer, notice, or disclosure record
provided by electronic transmission was sent to the insured
person by the applicable statutory regular mail
delivery deadlines and received electronically. The offer,
notice, or disclosure record provided by
electronic transmission shall be treated as if mailed so long as the
insurer licensee delivers it to the
insured person in compliance with the
applicable statutory regular mail delivery deadlines.
(A) Acceptable methods for an insurer a
licensee to demonstrate that the offer, notice, or
disclosure record was sent to the
insured person include simple mail transfer
protocol server log files indicating transmission, or other
methodologies indicating sent transmission consistent with the
standards set forth in Section 1633.15 of the Civil Code.
(B) Acceptable methods for an insurer the
licensee to demonstrate that the offer, notice, or
disclosure record was received by the
insured person include server log files
indicating that the email or application has been received, or log
files showing that the insured person
logged into his or her secured account with the insurer,
licensee or other methodologies indicating
received transmission consistent with standards set forth in Section
1633.15 of the Civil Code.
(7) Notwithstanding subdivision (b) of Section 1633.8 of the Civil
Code, if a provision of this code requires a licensee to transmit a
record by return receipt, registered mail, certified mail, signed
written receipt of delivery, or other method of delivery evidencing
actual receipt by the person, and if the licensee is not otherwise
prohibited from transmitting the record electronically under Section
1633.3 of the Civil Code, then the licensee shall maintain a process
or system that demonstrates proof of delivery and actual receipt of
the record by the person consistent with this paragraph. The licensee
shall document and retain information demonstrating delivery and
actual receipt so that it is retrievable, upon request, by the
department at least five years after the policy is no longer in
force. The record provided by electronic transmission shall be
treated as if actually received if the licensee delivers it to the
person in compliance with applicable statutory delivery deadlines. A
licensee may demonstrate actual delivery and receipt by any of the
following:
(A) The person acknowledges receipt of the electronic transmission
of the record by returning an electronic receipt or by executing an
electronic signature.
(B) The record is made part of, or attached to, an email sent to
the email address designated by the person, a confirmation receipt,
or some other evidence that the person received the email in his or
her email account and opened the email.
(C) The record is posted on the licensee's secure Internet Web
site, evidence demonstrating that the person logged onto the licensee'
s secure Internet Web site and downloaded, printed, or otherwise
acknowledged receipt of the record.
(8) Any record required to be
transmitted by first-class ma il and not otherwise
prohibited from being transmitted electronically may be transmitted
under the provisions of paragraph (6), except that any notice of
nonrenewal, lapse, cancellation, or termination of a policy of life
insurance that is not prohibited to be transmitted electronically by
subdivision (a), may be transmitted electronically, only if the
licensee demonstrates proof of electronic delivery and receipt as set
forth in paragraph (7). This paragraph applies to any law that
requires notice of nonrenewal, lapse, cancellation, or
termination of a policy of life insurance, including, but not limited
to, subdivision (b) of Section 10113.71 and subdivision (c) of
Section 10113.72.
(6)
(9) If the offer, notice, or disclosure
record is not delivered directly to the
electronic address designated by the insured,
person but placed at an electronic address accessible to the
insured, an insurer person, a licensee
shall notify the insured person in
plain, clear, and conspicuous language at the electronic address
designated by the insured person that
describes the offer, notice, or disclosure,
record, informs that insured person
that it is available at another location, and provides
instructions to the insured person as
to how to obtain the offer, notice, or disclosure.
record.
(7)
(10) (A) Upon an insurer a
licensee receiving information indicating that the
offer, notice, or disclosure record sent by
electronic transmission was not received by the insured, the
insurer person, the licensee shall, within two
business days, either clause (i) or (ii):
(i) Contact the insured person to
confirm or update the insured's person's
email address and resend the offer, notice, or
disclosure record by electronic transmission. If
the insurer licensee elects to resend
the offer, notice, or disclosure record
by electronic transmission, the insurer
licensee shall demonstrate the transmission was received by the
insured, person, pursuant to paragraph
(5) (6), (7), or (8) . If the
insurer licensee is unable to confirm or update
the insured's person's email address,
the insurer licensee shall resend the
offer, notice, or disclosure record by
regular mail to the insured licensee at
the address shown on the policy.
(ii) Resend the offer, notice, or disclosure
record initially provided by electronic transmission by
regular mail to the insured at the address shown on the policy.
(B) If the insurer licensee sends
the first electronic offer, notice, or disclosure
record within the time period required by law and the
insurer licensee complies with both
paragraph (5) and subparagraph (A) of this paragraph, the electronic
offer, notice, or disclosure sent pursuant to clause (i) or (ii) of
subparagraph (A) shall be treated as if mailed in compliance with the
applicable statutory regular mail delivery deadlines.
(11) The licensee shall not charge any person who declines to opt
in to receive a record through electronic transmission from receiving
a record electronically. The licensee shall not provide a discount
or an incentive to any person to induce or otherwise encourage the
person to opt in to receive electronic records.
(12) If a person has consented to receive records electronically
but a calendar year or more has elapsed since the last required
record for which consent was provided was electronically transmitted
by the licensee, the licensee shall verify, via paper writing sent by
regular mail, the accuracy of the person's email address.
(8)
(c) On or before January 1, 2018, the commissioner
shall submit a report to the Governor and to the committees of the
Senate and Assembly having jurisdiction over insurance and the
judiciary, regarding the impact and implementation of the
authorization of the electronic transmission of certain insurance
renewal offers, notices, or disclosures as authorized by this
section. The report shall include input from insurers, consumers, and
consumer organizations, and shall include an assessment of the
department's experience pertaining to the authorization of the
electronic transmission of insurance renewals as authorized by this
section.
(d) Notwithstanding paragraph (4) of subdivision (b) of Section
1633.3 of the Civil Code, for any policy of life insurance, any
statutory requirement for a separate acknowledgment, signature, or
initial, which is not expressly prohibited by subdivision (c) of
Section 1633.3 of the Civil Code, may be transacted using an
electronic signature, or by electronic transaction, subject to all
applicable provisions of this section.
(c)
(e) The department may suspend an insurer
a licensee from providing offers,
notices, or disclosures records by electronic
transmission if there is a pattern or practices that demonstrate the
insurer licensee has failed to comply
with the requirements of this section. An insurer
A licensee may appeal the suspension and resume its
electronic transmission of offers, notices, or disclosures
records upon communication from the department
that the changes the insurer licensee
made to its process or system to comply with the requirements of this
section are satisfactory.
(d)
(f) 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.
SEC. 3. Section 38.8 of the Insurance Code is amended to read:
38.8. Insurers Licensees shall
maintain a system for electronically confirming a
policyholder's person's decision to opt in to an
agreement to conduct transactions electronically and a system that
will allow the policyholder person to
electronically opt out of the agreement to conduct business
electronically as specified in subdivision (c) of Section 1633.5. The
insurer licensee shall maintain the
electronic records for the same amount of time the insurer
licensee would be required to maintain those
records if the records were in written form.
SEC. 4. Section 663 of the Insurance Code, as amended by Section 6
of Chapter 369 of the Statutes of 2013, is amended to read:
663. (a) Before policy expiration, an insurer shall deliver or
mail to the named insured, at the address shown on the policy, one of
the following:
(1) At least 20 days before expiration, a written or verbal offer
of renewal of the policy, contingent upon payment of premium as
stated in the offer.
(2) At least 30 days before expiration, a written notice of
nonrenewal of the policy, including the statement required by Section
666.
(b) (1) An insurer that delivers a verbal offer to renew that is
declined by an insured shall, at least 20 days before expiration of
the policy, deliver to or mail to the named insured, at the address
shown on the policy, a written confirmation of the offer and
rejection.
(2) An insurer that attempts to satisfy subdivision (a) with a
verbal offer to renew, but is unable to contact the named insured
directly at least 20 days before policy expiration, shall, at least
20 days before policy expiration, deliver to or mail to the named
insured, at the address shown on the policy, a written offer to renew
the policy, contingent upon payment of premium as stated in the
offer.
(c) In the event that an insurer fails to give the named insured
either an offer of renewal or notice of nonrenewal as required by
this section, the existing policy, with no change in its terms and
conditions, shall remain in effect for 30 days from the date that
either the offer to renew or the notice of nonrenewal is delivered or
mailed to the named insured. A notice to this effect shall be
provided by the insurer to the named insured with the policy or the
notice of renewal or nonrenewal. Notwithstanding the failure of an
insurer to comply with this section, the policy shall terminate on
the effective date of any other replacement or succeeding automobile
insurance policy procured by the insured, or his or her agent or
broker, with respect to any automobile designated in both policies.
(d) The insurer shall not be required to notify the named insured,
or any other insured, of nonrenewal of the policy if the insurer has
mailed or delivered a notice of expiration or cancellation, on or
prior to the 30th day preceding expiration of the policy period.
(e) The offer of renewal pursuant to this section may be provided
electronically to the email address shown on the policy if the
insurer complies with subdivision (b) of Section 38.5.
(f)
(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.
SEC. 5. Section 678 of the Insurance Code, as amended by Section 8
of Chapter 369 of the Statutes of 2013, is amended to read:
678. (a) At least 45 days prior to policy expiration, an insurer
shall deliver to the named insured or mail to the named insured at
the address shown in the policy, either of the following:
(1) An offer of renewal of the policy contingent upon payment of
premium as stated in the offer, stating each of the following:
(A) Any reduction of limits or elimination of coverage.
(B) The telephone number of the insurer's representatives who
handle consumer inquiries or complaints. The telephone number shall
be displayed prominently in a font size consistent with the other
text of the renewal offer.
(2) A notice of nonrenewal of the policy. That notice shall
contain each of the following:
(A) The reason or reasons for the nonrenewal.
(B) The telephone number of the insurer's representatives who
handle consumer inquiries or complaints. The telephone number shall
be displayed prominently in a font size consistent with the other
text of the notice of nonrenewal.
(C) A brief statement indicating that if the consumer has
contacted the insurer to discuss the nonrenewal and remains
unsatisfied, he or she may have the matter reviewed by the
department. The statement shall include the telephone number of the
unit within the department that responds to consumer inquiries and
complaints.
(b) In the event an insurer fails to give the named insured either
an offer of renewal or notice of nonrenewal as required by this
section, the existing policy, with no change in its terms and
conditions, shall remain in effect for 45 days from the date that
either the offer to renew or the notice of nonrenewal is delivered or
mailed to the named insured. A notice to this effect shall be
provided by the insurer to the named insured with the policy or the
notice of renewal or nonrenewal.
(c) Any policy written for a term of less than one year shall be
considered as if written for a term of one year. Any policy written
for a term longer than one year, or any policy with no fixed
expiration date, shall be considered as if written for successive
policy periods or terms of one year.
(d) This section applies only to policies of insurance specified
in Section 675.
(e) The offer of renewal pursuant to this section may be provided
electronically to the email address shown on the policy if the
insurer complies with subdivision (b) of Section 38.5.
(f)
(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.
SEC. 6.
Section 678.1 of the Insurance Code, as amended by Section 10 of
Chapter 369 of the Statutes of 2013, is amended to read:
678.1. (a) This section applies only to policies of insurance of
commercial insurance that are subject to Sections 675.5 and 676.6.
(b) A notice of nonrenewal shall be in writing and shall be
delivered or mailed to the producer of record and to the named
insured at the mailing address shown on the policy. Subdivision (a)
of Section 1013 of the Code of Civil Procedure shall be applicable if
the notice is mailed.
(c) An insurer, at least 60 days, but not more than 120 days, in
advance of the end of the policy period, shall give notice of
nonrenewal, and the reasons for the nonrenewal, if the insurer
intends not to renew the policy, or to condition renewal upon
reduction of limits, elimination of coverages, increase in
deductibles, or increase of more than 25 percent in the rate upon
which the premium is based.
(d) If an insurer fails to give timely notice required by
subdivision (c), the policy of insurance shall be continued, with no
change in its terms or conditions, for a period of 60 days after the
insurer gives the notice.
(e) With respect to policies defined in subdivision (b) of Section
676.6, in addition to the bases for conditional renewal set forth in
subdivision (c), an insurer may also condition renewal upon
requirements relating to the underlying policy or policies. If the
requirements are not satisfied as of (1) the expiration date of the
policy, or (2) 30 days after mailing or delivery of such notice,
whichever is later, the conditional renewal notice shall be treated
as an effective notice of nonrenewal, provided the insurer has sent
written confirmation to the first named insured and the producer of
record that the conditions were not met and that coverage ceased at
the expiration date shown in the expiring policy.
(f) A notice of nonrenewal shall not be required in any of the
following situations:
(1) The transfer of, or renewal of, a policy without a change in
its terms or conditions or the rate on which the premium is based
between insurers that are members of the same insurance group.
(2) The policy has been extended for 90 days or less, if the
notice required in subdivision (c) has been given prior to the
extension.
(3) The named insured has obtained replacement coverage or has
agreed, in writing, within 60 days of the termination of the policy,
to obtain that coverage.
(4) The policy is for a period of no more than 60 days and the
insured is notified at the time of issuance that it may not be
renewed.
(5) The named insured requests a change in the terms or conditions
or risks covered by the policy within 60 days prior to the end of
the policy period.
(6) The insurer has made a written offer to the insured, within
the time period specified in subdivision (c), to renew the policy
under changed terms or conditions or at a changed premium rate. As
used herein, "terms or conditions" includes, but is not limited to, a
reduction in limits, elimination of coverages, or an increase in
deductibles.
(g) The notice of conditional renewal described in subdivision (c)
may be provided electronically to the email address shown on the
policy if the insurer complies with subdivision (b) of Section 38.5.
(h)
(g) 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.