BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1515| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1515 Author: Committee on Insurance Amended: 5/19/15 in Senate Vote: 21 SENATE INSURANCE COMMITTEE: 8-0, 7/8/15 AYES: Roth, Gaines, Berryhill, Glazer, Hall, Hernandez, Liu, Wieckowski NO VOTE RECORDED: Mitchell SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 78-0, 4/23/15 (Consent) - See last page for vote SUBJECT: Insurance SOURCE: California Department of Insurance DIGEST: This bill makes technical, noncontroversial, and clarifying changes to the Insurance Code. ANALYSIS: Existing law: 1) Prohibits a person, generally, from transacting insurance without a certificate of authority or license from the Insurance Commissioner (IC) and establishes laws and standards applicable to the business of insurance. AB 1515 Page 2 2) Requires insurers, multiple employer welfare arrangements, surplus lines brokers and others to provide consumers with various notices and disclosures that also contain contact information for the California Department of Insurance (CDI). 3) Requires insurers to maintain specified levels of risk based capital (RBC) as a means to ensure their solvency. 4) Requires various licensees to prominently use on business cards, written price quotations, and other documents, the word "insurance" in type size no smaller than the largest indicated telephone number. 5) Requires most agents and brokers to notify the CDI of specified criminal convictions, bankruptcy proceedings, and admissions or judicial findings related to lying, cheating and stealing. 6) Requires all bail licensees to complete 20 hours of pre-licensing education. 7) Requires insurers to pay interest on claims against a disability income insurance policy after 30 days. 8) Requires the IC to personally approve all settlements negotiated on his behalf. 9) Repeals a provision of the Credit for Reinsurance Act related to certified reinsurers on January 1, 2016. This bill: AB 1515 Page 3 1) Makes numerous technical and clarifying changes, updates statutory references to other codes or documents incorporated by reference, and repeals obsolete language that has no legal or practical effect. 2) Requires, as of January 1, 2017, specified insurers, multiple employer welfare arrangements, surplus lines brokers and others to add the CDI website, or other contact information, to specified documents. 3) Increases the amount of RBC that a life insurer must hold without triggering increased financial oversight by the CDI. 4) Requires, as of July 1, 2016, insurance agents and brokers to use a minimum size of 12-point type for the word "insurance" printed on specified documents and eliminates bail agent licensees from that requirement. 5) Requires life settlement agents, life settlement providers, and title marketing representatives to notify CDI of specified criminal convictions, bankruptcy proceedings, and admissions or judicial findings related to lying, cheating and stealing. 6) Corrects the pre-licensing education requirements applicable to bail licensees to match the requirement in effect at the time the license was granted. 7) Expands the requirement that insurers pay interest on claims not paid within 30 days from just disability income insurance to any "non-health" disability insurance. 8) Permits the IC to delegate the authority to approve settlements for agents/brokers if the settlement does not AB 1515 Page 4 involve financial misconduct involving more than $50,000 or other factors. 9) Extends the sunset date to January 1, 2021, for the provisions of the Credit for Reinsurance Act related to certified reinsurers. Background CDI Website. This bill requires insurers or other entities to add CDI's website to specified notices, disclosures, and other documents. More recently enacted statutes require insurers to include CDI's website on various notices and disclosures, but older statutes lack that critical information. According to CDI, since most consumers utilize computers, tablets, and smart phones as a primary or important means of communication, CDI's website should be included on notices and disclosures so consumers can more easily contact CDI. This bill adds that information to several notices and disclosers requirements effective January 1, 2017. Life Risk-Based Capital Trend Test. RBC is the minimum amount of capital appropriate to support an insurer's overall business operations. According to CDI, this bill adopts the revised National Association of Insurance Commissioner's (NAIC) Life Risk-Based Capital Trend Test Model. The NAIC adopted a change to the regulatory trigger so that it would be more sensitive to insurers who have a declining RBC. The states must have the revised law in place by January 1, 2017, in order to maintain their NAIC accreditation. Required Reportable Events. Existing law requires most CDI licensees to report criminal convictions and bankruptcies. However, life settlement brokers, life settlement providers, and title marketing representatives are not subject to the reporting requirement. This bill requires those types of applicants and licensees to notify the IC, as specified, and any changes to the AB 1515 Page 5 background information that they reported on their original license application. Vehicle Code Cross-References. According to the author, this bill corrects erroneous cross-references to the Vehicle Code relating to individual motor vehicle records and the use of "points" on a driver's record when determining "good driver" status and auto insurance rates. Interest on Late Payments from Disability Insurance. Health insurance is a form of disability insurance, along with disability income and accidental death coverage. According to CDI, several changes made to the Insurance Code in 2001 clarified the difference between health and "non-health" disability insurance. In 2005, changes made to the provision requiring insurers to pay interest on older claims accidentally eliminated the requirement that insurers pay interest on some types of "non-health" disability claims (but left the requirement for disability income). This bill revises the requirement to capture currently excluded "non-health" disability policies. Documents Sent to the Department of Aging. Existing law requires long-term care insurers to provide CDI with specified materials to pass along to the Department of Aging. At one time, the Department of Aging helped consumers obtain copies of these documents. Legislation enacted in 2012 (AB 999 Yamada, Chapter 627 Statutes of 2012) requires insurers to provide a copy of an individual policy form or group master policy form directly to the consumer upon the request. This bill repeals outdated language related to the Department of Aging. Delegation of Settlement Authority to Deputy Commissioner. Existing law requires the IC to personally approve all administrative settlements. While Government Code Section 1194 establishes the general rule that each deputy possesses the powers and may perform the duties attached by law to the office of the principal, legislation enacted in 2000 (SB 2107, Speier, AB 1515 Page 6 Chapter 1091, Statutes of 2000) restricted the IC's authority to delegate the approval of a settlement in response to allegations against former IC Chuck Quackenbush of misusing the settlement process. According to CDI, the majority of these settlements involve license actions against insurance brokers and agents that have relatively minor, non-insurance related criminal convictions. This bill permits the IC to delegate settlement authority to a deputy commissioner in limited cases, including those that do not involve insurers or insurer management and do not relate to financial misconduct of an agent, broker, or applicant, involving more than $50,000. Sunset for Credit for Reinsurance Act. Legislation enacted in 2012 (SB 1216, Lowenthal, Chapter 277, Statutes of 2012) updated California insurance law relating to regulatory oversight of reinsurance financial statement credits. A provision regarding certified reinsurers is scheduled to sunset at the end of this year. This bill extends that sunset until January 1, 2021. According to CDI, this change provides additional time to evaluate the certified reinsurer review and renewal process and to analyze how certified reinsurers impact the California market. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (8/18/15) California Department of Insurance (source) Golden State Bail Agents Association OPPOSITION: (8/18/15) AB 1515 Page 7 None received ASSEMBLY FLOOR: 78-0, 4/23/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Salas Prepared by:Erin Ryan / INS. / (916) 651-4110 8/18/15 16:54:12 **** END ****