BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 470|
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                                    CONSENT


          Bill No:  AB 470
          Author:   Niello (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE BANKING, FINANCE, AND INS. COMMITTEE  :  11-0, 6/17/09
          AYES:  Calderon, Cogdill, Correa, Cox, Harman, Kehoe, Liu,  
            Lowenthal, Padilla, Runner, Wolk
          NO VOTE RECORDED:  Florez

           SENATE JUDICIARY COMMITTEE  :  5-0, 6/23/09
          AYES:  Corbett, Harman, Florez, Leno, Walters

           ASSEMBLY FLOOR  :  73-0, 5/14/09 (Consent) - See last page  
            for vote


           SUBJECT  :    Insurance information

           SOURCE  :     Civil Justice Association of California


           DIGEST  :    This bill authorizes an insurance institution,  
          agent, or insurance-support organization to disclose  
          information to an insureds lawyer from an accident report,  
          supplemental report, investigative report or the actual  
          report from a governmental agency or which is a copy of an  
          accident or other report which the insured is entitled to  
          obtain under specified provisions of the Vehicle Code or  
          Government Code.

           ANALYSIS  :    
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          Existing law:

          1. Sets forth the Insurance Information and Privacy Act  
             (IIPA) which sets standards for the for the collection,  
             use and disclosure of information gathered in connection  
             with insurance transactions and seeks to maintain a  
             balance between the need for information by those in the  
             insurance business and the public's need for fairness in  
             information handling and the need to minimize  
             intrusiveness.

          2. The IIPA prohibits an insurance institution, agent, or  
             insurance-support organization from disclosing personal  
             or privileged information about an individual collected  
             or received in connection with an insurance transaction,  
             subject to specified exceptions.

          3. The disclosure of such information to an insured is  
             authorized under the IIPA if it is from an accident  
             report, supplemental report, investigative report or the  
             actual report from a governmental agency or which is a  
             copy of an accident or other report which the insured is  
             entitled to obtain under specified provisions of the  
             Vehicle Code or Government Code.

          4. Authorizes disclosure of various types of information in  
             police and similar reports to persons involved in the  
             incidents reported upon or to their authorized  
             representatives.

          This bill amends the IIPA to allow an insurance  
          institution, agent or insurance-support organization to  
          disclose to an insured's lawyer the same kinds of accident  
          report related classes of information which are currently  
          authorized to be disclosed to the insured.

           Background
           
          The IIPA protects the privacy of insurance consumers in  
          California.  The Legislature passed and the Governor signed  
          SB 1847 (Senate Banking, Finance and Insurance Committee),  
          Chapter 405, Statutes of 2006, which amended the IIPA to  
          permit an insurer to disclose personal information about an  

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          individual collected or received in connection with an  
          insurance transaction when the disclosure is to an insured  
          and the information is from an accident report,  
          supplemental report, investigative report, or actual report  
          from a government agency.

           Prior legislation
           
          AB 1847 (Senate Banking, Finance and Insurance Committee),  
          Chapter 405, Statutes of 2006, added the authorization in  
          the IIPA for an insurance institution, an agent or an  
          insurance-support organization to release this  
          police-report related information.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/24/09)

          Civil Justice Association of California (source)


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Anderson, Arambula, Beall, Bill Berryhill,  
            Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuller, Furutani, Galgiani, Gilmore, Hagman, Hall,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, John A. Perez, V. Manuel Perez,  
            Portantino, Price, Ruskin, Salas, Silva, Skinner,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Ammiano, Fuentes, Gaines, Garrick,  
            Saldana, Smyth, Bass


          JJA:do  6/24/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE


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