BILL NUMBER: AB 2353 CHAPTERED
BILL TEXT
CHAPTER 477
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 1998
APPROVED BY GOVERNOR SEPTEMBER 13, 1998
PASSED THE ASSEMBLY AUGUST 11, 1998
PASSED THE SENATE AUGUST 6, 1998
AMENDED IN SENATE JUNE 23, 1998
AMENDED IN SENATE JUNE 3, 1998
INTRODUCED BY Assembly Member Olberg
FEBRUARY 20, 1998
An act to add Section 995.675 to the Code of Civil Procedure,
relating to surety insurers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2353, Olberg. Surety insurers.
The existing Bond and Undertaking Law requires an admitted surety
insurer to submit prescribed documents to a court or officer if an
objection is made to the sufficiency of the insurer on a bond or if
the bond is required to be approved. If the insurer submits the
documents, and if other specified requirements are met, the insurer
is deemed to be sufficient and is required to be accepted or approved
as surety on the bond. Existing law prohibits a state or local
agency from imposing further requirements on an admitted surety
insurer.
This bill would provide that, notwithstanding the above described
provisions, specified state agencies may impose a prescribed
requirement upon the insurer in order for the state agency to comply
with federal law before the insurer is deemed sufficient.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 995.675 is added to the Code of Civil
Procedure, to read:
995.675. Notwithstanding Sections 995.660 and 995.670, the
California Integrated Waste Management Board, the State Water
Resources Control Board, and the Department of Toxic Substances
Control may require, in order to comply with Subtitle C or Subtitle D
of the federal Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.), an admitted surety insurer to
be listed in Circular 570 issued by the United States Treasury.