BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1515|
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                                      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.








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           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:









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           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  








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              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  








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          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,  








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          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)









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          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


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