Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1492


Introduced by Assembly Member Low

February 27, 2015


begin deleteAn act to amend Section 777.1 of the Insurance Code, relating to insurance. end deletebegin insertAn act to amend Sections 5100, 5151, 18201, 18202, 18203, 18204, 18600, 18601, 18603, 18604, 18610, 18611, 18612, 18613, 18614, 18620, 18621, 18622, 18630, 18631, 18640, 18650, 18660, and 18661 of, and to add Section 338.5 to, the Elections Code, relating to elections.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1492, as amended, Low. begin deleteInsurance: inducements to purchase property or services. end deletebegin insertElections: in-lieu-filing-fee and political party qualification petitions: penal provisions.end insert

begin insert

Existing law authorizes a political party to qualify to participate in a primary election if specified requirements are met, including the filing with the Secretary of State of a petition signed by voters declaring that the voters represent a proposed party desiring to participate in that primary election.

end insert
begin insert

This bill would define the term “political party qualification petition” for these purposes to mean a petition circulated to qualify a political party in accordance with existing procedures.

end insert
begin insert

Existing law provides that a person committing specified acts relating to the circulation, subscription, or signature of an initiative, referendum, or recall petition is guilty of a misdemeanor or felony subject to a fine or imprisonment or both that fine and imprisonment.

end insert
begin insert

This bill would additionally provide that a person committing these specified acts in relation to the circulation, subscription, or signature of a political party qualification petition would be subject to the above penal provisions. By creating additional crimes, this bill would impose a state-mandated local program.

end insert
begin insert

Existing law authorizes a candidate to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law also provides that a person who commits specified fraudulent or deliberate acts relating to the filing of a nomination paper or declaration of candidacy is guilty of a misdemeanor subject to a fine or imprisonment or both that fine and imprisonment.

end insert
begin insert

This bill would additionally provide that a person committing these specified acts in relation to the submission of an in-lieu-filing-fee petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law prohibits an insurer from participating in a plan to offer or effect insurance or annuities as an inducement to the purchase or rental by the public of specified property or services without a separate charge for that insurance. Existing law also prohibits an agent, broker, or solicitor from arranging the sale of that insurance. Existing law authorizes the Insurance Commissioner to revoke the license, certificate, or other authority to do business or engage in his or her occupation, as applicable, of an insurer, agent, broker, or solicitor who willfully violates those prohibitions. Existing law specifies exceptions to those prohibitions for certain categories of insurance.

end delete
begin delete

This bill would add to the existing exceptions described above private passenger automobile insurance issued in connection with the sale or lease of a new vehicle and paid for by the vehicle manufacturer, provided that prior to finalizing the purchase the purchaser is advised of the cost of that insurance included in connection with the sale or lease.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 338.5 is added to the end insertbegin insertElections Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert338.5.end insert  

“Political party qualification petition” means a petition
4circulated to qualify a political party in accordance with Division
55 (commencing with Section 5000).

end insert
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 5100 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

7

5100.  

A party is qualified to participate in a primary election
8under any of the following conditions:

9(a) (1) At the last preceding gubernatorial primary election, the
10sum of the votes cast for all of the candidates for an office voted
11on throughout the state who disclosed a preference for that party
12on the ballot was at least 2 percent of the entire vote of the state
13for that office.

14(2) Notwithstanding paragraph (1), a party may inform the
15Secretary of State that it declines to have the votes cast for any
16candidate who has disclosed that party as his or her party preference
17on the ballot counted toward the 2-percent qualification threshold.
18If the party wishes to have votes for any candidate not counted in
19support of its qualification under paragraph (1), the party shall
20notify the secretary in writing of that candidate’s name by the
21seventh day prior to the gubernatorial primary election.

22(b) On or before the 135th day before a primary election, it
23appears to the Secretary of State, as a result of examining and
24totaling the statement of voters and their declared political
25preference transmitted to him or her by the county elections
26officials, that voters equal in number to at least 0.33 percent of the
27total number of voters registered on the 154th day before the
28primary election have declared their preference for that party.

29(c) On or before the 135th day before a primary election, there
30is filed with the Secretary of State abegin insert political party qualificationend insert
31 petition signed by voters, equal in number to at least 10 percent
32of the entire vote of the state at the last preceding gubernatorial
33election, declaring thatbegin delete they representend deletebegin insert the voters sigend insertbegin insertning the petition
34support qualification ofend insert
a proposed party, the name of which shall
35be stated in the petition, which proposed party those voters desire
P4    1to have participate in that primary election. This petition shall be
2circulated,begin delete signed,end deletebegin insert signedend insert and verified, and the signatures of the
3voters on it shall be certified to and transmitted to the Secretary
4of State by the county elections officials substantially as provided
5for initiative petitions. Each page of the petition shall bear a caption
6in 18-point boldface type, which caption shall be the name of the
7proposed party followed by the words “Petition to participate in
8the primary election.”

9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 5151 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

10

5151.  

A party is qualified to participate in a presidential general
11election under any of the following conditions:

12(a) The party qualified to participate and participated in the
13presidential primary election preceding the presidential general
14election pursuant to Section 5100.

15(b) (1) At the last preceding gubernatorial primary election, the
16sum of the votes cast for all of the candidates for an office voted
17on throughout the state who disclosed a preference for that party
18on the ballot was at least 2 percent of the entire vote of the state
19for that office.

20(2) Notwithstanding paragraph (1), a party may inform the
21Secretary of State that it declines to have the votes cast for any
22candidate who has disclosed that party as his or her party preference
23on the ballot counted toward the 2-percent qualification threshold.
24If the party wishes to have votes for any candidate not counted in
25support of its qualification under paragraph (1), the party shall
26notify the secretary in writing of that candidate’s name by the
27seventh day prior to the gubernatorial primary election.

28(c) If on or before the 102nd day before a presidential general
29election, it appears to the Secretary of State, as a result of
30examining and totaling the statement of voters and their declared
31political preference transmitted to him or her by the county
32elections officials, that voters equal in number to at least 0.33
33percent of the total number of voters registered on the 123rd day
34before the presidential general election have declared their
35preference for that party.

36(d) On or before the 135th day before a presidential general
37election, there is filed with the Secretary of State abegin insert political party
38qualificationend insert
petition signed by voters, equal in number to at least
3910 percent of the entire vote of the state at the last preceding
40gubernatorial election, declaring thatbegin delete they representend deletebegin insert the voters
P5    1signing the petitioend insert
begin insertn support qualification ofend insert a proposed party, the
2name of which shall be stated in the petition, which proposed party
3those voters desire to have participate in that presidential general
4election. This petition shall be circulated, signed, and verified, and
5the signatures of the voters on it shall be certified to and transmitted
6to the Secretary of State by the county elections officials
7substantially as provided for initiative petitions. Each page of the
8petition shall bear a caption in 18-point boldface type, which
9caption shall be the name of the proposed party followed by the
10words “Petition to participate in the presidential general election.”

11begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18201 of the end insertbegin insertElections Codeend insertbegin insert is amended to
12read:end insert

13

18201.  

Any person who falsely makes or fraudulently defaces
14or destroys all or any part of a nominationbegin delete paper,end deletebegin insert paper or an
15in-lieu-filing-fee petition,end insert
is punishable by a fine not exceeding
16one thousand dollars ($1,000) or by imprisonment pursuant to
17subdivision (h) of Section 1170 of the Penal Code for 16 months
18or two or three years or by both that fine and imprisonment.

19begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18202 of the end insertbegin insertElections Codeend insertbegin insert is amended to
20read:end insert

21

18202.  

Every person acting on behalf of a candidate is guilty
22of a misdemeanor who deliberately fails to file at the proper time
23and in the proper place any nominationbegin delete paperend deletebegin insert paper,
24in-lieu-filing-fee petition,end insert
or declaration of candidacy in his or her
25possession that is entitled to be filed under this code.

26begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 18203 of the end insertbegin insertElections Codeend insertbegin insert is amended to
27read:end insert

28

18203.  

Any person who files or submits for filing a nomination
29begin delete paperend deletebegin insert paper, in-lieu-filing-fee petition,end insert or declaration of candidacy
30knowing that it or any part of it has been made falsely is punishable
31by a fine not exceeding one thousand dollars ($1,000) or by
32imprisonment pursuant to subdivision (h) of Section 1170 of the
33Penal Code for 16 months or two or three years or by both that
34fine and imprisonment.

35begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 18204 of the end insertbegin insertElections Codeend insertbegin insert is amended to
36read:end insert

37

18204.  

Any person who willfully suppresses all or any part of
38a nominationbegin delete paperend deletebegin insert paper, in-lieu-filing-fee petition,end insert or declaration
39of candidacy either before or after filing is punishable by a fine
40not exceeding one thousand dollars ($1,000) or by imprisonment
P6    1pursuant to subdivision (h) of Section 1170 of the Penal Code for
216 months or two or three years or by both that fine and
3imprisonment.

4begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 18600 of the end insertbegin insertElections Codeend insertbegin insert is amended to
5read:end insert

6

18600.  

Every person is guilty of a misdemeanor who:

7(a) Circulating, as principal or agent, or having charge or control
8of the circulation of, or obtaining signatures to, any state or local
9initiative,begin delete referendumend deletebegin insert referendum, recall,end insert orbegin delete recallend deletebegin insert political party
10qualificationend insert
petition, intentionally misrepresents or intentionally
11makes any false statement concerning the contents, purport or
12effect of the petition to any person who signs, or who desires to
13sign, or who is requested to sign, or who makes inquiries with
14reference to it, or to whom it is presented for his or her signature.

15(b) Willfully and knowingly circulates, publishes, or exhibits
16any false statement or misrepresentation concerning the contents,
17purport or effect of any state or local initiative, referendum,begin insert recall,end insert
18 orbegin delete recallend deletebegin insert political party qualificationend insert petition for the purpose of
19obtaining any signature to, or persuading or influencing any person
20to sign, that petition.

21(c) Circulating, as principal or agent, or having charge or control
22of the circulation of, or obtaining signatures to, any state or local
23initiative,begin insert or political party qualification petitionend insert intentionally
24makes any false statement in response to any inquiry by any voter
25as to whether he or she is a paid signature gatherer or a volunteer.

26begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 18601 of the end insertbegin insertElections Codeend insertbegin insert is amended to
27read:end insert

28

18601.  

Any person working for the proponent or proponents
29of an initiative or referendumbegin delete measureend deletebegin insert measure, recall petition,end insert
30 orbegin delete recallend deletebegin insert political party qualificationend insert petition who refuses to allow
31a prospective signer to read the measure or petition is guilty of a
32misdemeanor.

33An arrest or conviction pursuant to this section shall not
34invalidate or otherwise affect the validity of any signature obtained
35by the person arrested or convicted.

36begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 18603 of the end insertbegin insertElections Codeend insertbegin insert is amended to
37read:end insert

38

18603.  

Every person who offers or gives money or other
39valuable consideration to another in exchange for his or her
40signature on a state, county, municipal, or district initiative,
P7    1referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political party qualificationend insert petition
2is guilty of a misdemeanor.

3begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 18604 of the end insertbegin insertElections Codeend insertbegin insert is amended to
4read:end insert

5

18604.  

Upon conviction of a violation of any provision of this
6article, Article 2 (commencing with Section 18610), Article 3
7(commencing with Section 18620), Article 5 (commencing with
8Section 18640), Article 6 (commencing with Section 18650), or
9Article 7 (commencing with Section 18660), the court may order
10as a condition of probation that the convicted person be prohibited
11from receiving money or other valuable consideration for gathering
12signatures on an initiative, referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political
13party qualificationend insert
petition.

14begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 18610 of the end insertbegin insertElections Codeend insertbegin insert is amended to
15read:end insert

16

18610.  

Every person who solicits any circulator to affix to any
17initiative, referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political party qualificationend insert
18 petition any false or forged signature, or to cause or permit a false
19or forged signature to be affixed, is guilty of a misdemeanor.

20begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 18611 of the end insertbegin insertElections Codeend insertbegin insert is amended to
21read:end insert

22

18611.  

Every person is punishable by a fine not exceeding five
23thousand dollars ($5,000), or by imprisonment pursuant to
24subdivision (h) of Section 1170 of the Penal Code for 16 months
25or two or three years, or in a county jail not exceeding one year,
26or by both that fine and imprisonment, who circulates or causes
27to be circulated any initiative, referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political
28party qualificationend insert
petition, knowing it to contain false, forged, or
29fictitious names.

30begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 18612 of the end insertbegin insertElections Codeend insertbegin insert is amended to
31read:end insert

32

18612.  

Every person is guilty of a misdemeanor who knowingly
33signs his or her own name more than once to any initiative,
34referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political party qualificationend insert petition,
35or signs his or her name to that petition knowing himself or herself
36at the time of signing not to be qualified to sign it.

37begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 18613 of the end insertbegin insertElections Codeend insertbegin insert is amended to
38read:end insert

39

18613.  

Every person who subscribes to any initiative,
40referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political party qualificationend insert petition
P8    1a fictitious name, or who subscribes thereto the name of another,
2or who causes another to subscribe such a name to that petition,
3is guilty of a felony and is punishable by imprisonment pursuant
4to subdivision (h) of Section 1170 of the Penal Code for two, three,
5or four years.

6begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 18614 of the end insertbegin insertElections Codeend insertbegin insert is amended to
7read:end insert

8

18614.  

Every person is punishable by a fine not exceeding five
9thousand dollars ($5,000), or by imprisonment pursuant to
10subdivision (h) of Section 1170 of the Penal Code for 16 months
11or two or three years, or in a county jail not exceeding one year,
12or by both that fine and imprisonment, who files in the office of
13the elections official or other officer designated by law to receive
14the filing, any initiative, referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political
15party qualificationend insert
petition to which is attached,begin delete appendedend delete
16begin insert appended,end insert or subscribed any signature which the person filing the
17petitionbegin insert or measureend insert knows to be false or fraudulent or not the
18genuine signature of the person whose name it purports to be.

19begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 18620 of the end insertbegin insertElections Codeend insertbegin insert is amended to
20read:end insert

21

18620.  

Every person who seeks, solicits, bargains for, or
22obtains any money, thing of value, or advantage of or from any
23person, firm, or corporation for the purpose or represented purpose
24of fraudulently inducing, persuading, or seeking the proponent or
25proponents of any initiative or referendumbegin delete measureend deletebegin insert measure, recall
26petition,end insert
orbegin delete recallend deletebegin insert political party qualificationend insert petition to (a)
27abandon the measure or petition, (b) fail, neglect, or refuse to file
28in the office of the elections official or other officer designated by
29law, within the time required by law, the initiative or referendum
30begin delete measureend deletebegin insert measure, recall petition,end insert orbegin delete recallend deletebegin insert political party
31qualificationend insert
petition after securing the number of signatures
32required to qualify the measure or petition, (c) stop the circulation
33of the initiative or referendumbegin delete measure orend deletebegin insert measure,end insert recall petition,
34orbegin insert political party qualification petition, orend insert (d) perform any act that
35will prevent or aid in preventing the initiative or referendum
36begin delete measureend deletebegin insert measure, recall petition,end insert orbegin delete recallend deletebegin insert political party
37qualificationend insert
petition from qualifying as an initiative or referendum
38measure, or the recall petition from resulting in a recall election,
39begin insert or political party qualification petition from qualifying a partyend insert is
40punishable by a fine not exceeding five thousand dollars ($5,000),
P9    1or by imprisonment pursuant to subdivision (h) of Section 1170
2of the Penal Code for 16 months or two or three years, or in a
3county jail not exceeding one year, or by both that fine and
4imprisonment.

5begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 18621 of the end insertbegin insertElections Codeend insertbegin insert is amended to
6read:end insert

7

18621.  

Any proponent of an initiative or referendumbegin delete measure
8or recallend delete
begin insert measure, recall petition, or political party qualificationend insert
9 petition who seeks, solicits, bargains for, or obtains any money or
10thing of value of or from any person, firm, or corporation for the
11purpose of abandoning the same or stopping the circulation of
12petitions concerning the same, or failing or neglecting or refusing
13to file the measure or petition in the office of the elections official
14or other officer designated by law within the time required by law
15after obtaining the number of signatures required under the law to
16qualify the measure or petition, orbegin delete withdrawing an initiative petition
17after filing it with the appropriate elections official, orend delete
performing
18any act that will prevent or aid in preventing the initiative,
19referendum,begin delete orend delete recallbegin insert, or political partyend insert proposed from qualifying
20as an initiative or referendum measure,begin delete orend delete resulting in a recall
21electionbegin insert, or qualifying as a political party by a political party
22qualification petitionend insert
is punishable by a fine not exceeding five
23thousand dollars ($5,000) or by imprisonment pursuant to
24subdivision (h) of Section 1170 of the Penal Code for 16 months
25or two or three years, or in a county jail not exceeding one year,
26or by both that fine and imprisonment.

27begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 18622 of the end insertbegin insertElections Codeend insertbegin insert is amended to
28read:end insert

29

18622.  

Every person who offers to buy or does buy from a
30circulator any referendum, initiative,begin insert recall,end insert orbegin delete recallend deletebegin insert political party
31qualificationend insert
petition on which one or more persons have affixed
32their signatures is guilty of a misdemeanor punishable by
33imprisonment in the county jail for not more than one year, or by
34a fine not exceeding one thousand dollars ($1,000), or both. This
35section is not intended to prohibit compensation of a circulator,
36for his or her services, by a proponent of the petition or his or her
37agent.

38begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 18630 of the end insertbegin insertElections Codeend insertbegin insert is amended to
39read:end insert

P10   1

18630.  

Every person who threatens to commit an assault or
2battery on a person circulating a referendum, initiative,begin insert recall,end insert or
3begin delete recallend deletebegin insert political party qualificationend insert petition or on a relative of a
4person circulating a referendum, initiative,begin insert recall,end insert orbegin delete recallend deletebegin insert political
5party qualificationend insert
petition or to inflict damage on the property of
6the circulator or the relative, with the intent to dissuade the
7circulator from circulating the petition or in retribution for the
8circulation, is guilty of a misdemeanor.

9begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 18631 of the end insertbegin insertElections Codeend insertbegin insert is amended to
10read:end insert

11

18631.  

Every person who forcibly or by stealth takes from the
12possession of a circulator any initiative, referendum,begin insert recall,end insert or
13begin delete recallend deletebegin insert political party qualificationend insert petition on which one or more
14persons have affixed their signatures is guilty of a misdemeanor.

15begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 18640 of the end insertbegin insertElections Codeend insertbegin insert is amended to
16read:end insert

17

18640.  

Any person working for the proponent or proponents
18of an initiative or referendumbegin delete measureend deletebegin insert measure,end insert orbegin insert aend insert recallbegin delete petitionend delete
19begin insert or political party qualification petition,end insert who solicits signatures to
20qualify the measure or petition and accepts any payment therefor
21and who fails to surrender the measure or petition to the proponents
22thereof for filing is punishable by a fine not exceeding five
23thousand dollars ($5,000), or by imprisonment pursuant to
24subdivision (h) of Section 1170 of the Penal Code for 16 months
25or two or three years, or in a county jail not exceeding one year,
26or by both that fine and imprisonment.

27begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 18650 of the end insertbegin insertElections Codeend insertbegin insert is amended to
28read:end insert

29

18650.  

No one shall knowingly or willfully permit the list of
30signatures on an initiative, referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political
31party qualificationend insert
petition to be used for any purpose other than
32qualification of the initiative or referendum measure or recall
33question for thebegin delete ballot,end deletebegin insert ballot or political party,end insert except as provided
34in Section 6253.5 of the Government Code. Violation of this
35section is a misdemeanor.

36begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 18660 of the end insertbegin insertElections Codeend insertbegin insert is amended to
37read:end insert

38

18660.  

Every person is punishable by a fine not exceeding five
39thousand dollars ($5,000), or by imprisonment pursuant to
40subdivision (h) of Section 1170 of the Penal Code for 16 months
P11   1or two or three years, or in a county jail not exceeding one year,
2or by both that fine and imprisonment, who makes any false
3affidavit concerning any initiative, referendum,begin insert recall,end insert orbegin delete recallend delete
4begin insert political party qualificationend insert petition or the signatures appended
5thereto.

6begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 18661 of the end insertbegin insertElections Codeend insertbegin insert is amended to
7read:end insert

8

18661.  

Every public official or employee is punishable by a
9fine not exceeding five thousand dollars ($5,000), or by
10imprisonment pursuant to subdivision (h) of Section 1170 of the
11Penal Code for 16 months or two or three years, or in a county jail
12not exceeding one year, or by both that fine and imprisonment,
13who knowingly makes any false return, certification or affidavit
14concerning any initiative, referendum,begin insert recall,end insert orbegin delete recallend deletebegin insert political
15party qualificationend insert
petition or the signatures appended thereto.

16begin insert

begin insertSEC. 26.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
17to Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.

end insert
begin delete
25

SECTION 1.  

Section 777.1 of the Insurance Code is amended
26to read:

27

777.1.  

No insurer shall participate in a plan to offer or effect
28insurance or annuities in this state as an inducement to the purchase
29or rental by the public of property, real or personal or mixed, or
30services, without a separate charge to the insured for that insurance,
31nor shall a agent, broker, or solicitor arrange the sale of that
32insurance. This article does not apply to insurance written in
33connection with subscriptions to newspapers of general circulation;
34nor does it apply to insurance issued to credit unions or to members
35of credit unions in connection with the purchase of shares in the
36credit union; nor does it apply to insurance offered as a guarantee
37of the performance of goods, that is designed to protect the
38purchasers or users of such goods; nor does it apply to private
39passenger automobile insurance issued in connection with the sale
40or lease of a new vehicle and paid for by the vehicle manufacturer,
P12   1provided the purchaser is advised prior to finalizing the purchase
2of the vehicle of the annual cost of the insurance included in
3connection with the sale or lease; nor does it apply to any title
4insurance or life or disability insurance written in connection with
5an indebtedness that is intended to pay the balance of the
6indebtedness in the event of the death or disability of the person
7insured; nor does it apply to any of the provisions of Part 5
8(commencing at Section 12140), Division 2 of this code; nor does
9it apply to insurance provided incidentally to the sale of services
10if the cost of the insurance to the seller of the services does not
11exceed the sum of one dollar ($1) per annum for each purchaser
12of those services.

end delete


O

    97