BILL NUMBER: AB 954	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 26, 2009

   An act to add Section 12929.5 to the Insurance Code, relating to
the Insurance Commissioner.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 954, as amended, Jones. Insurance commissioner: regulations.
   Existing law authorizes the Insurance Commissioner to adopt
regulations to facilitate the acceptance of documents submitted for
filing or approval, the processing of transactions, and the
maintenance of records.
   This bill would state that  the commissioner may not adopt
a rule, regulation, or standard without complying with other
provisions of law specifying the procedures for administration rule
and regulation making   , unless the specified exception
for technical or ministerial rules, regulations, or insurance
standards applies, the commissioner shall use the Administrative
Procedures Act when adopting a rule, regulation, or insurance
standard that is recommended by the National Association of Insurance
Commissioners, as specified  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12929.5 is added to the Insurance Code, to
read: 
   12929.5.  The commissioner may not adopt a rule, regulation, or
insurance standard without complying with the Administrative
Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code). 
    12929.5.    (a) Except as provided in subdivision
(b), the commissioner shall use the Administrative Procedures Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) when adopting a rule, regulation,
or insurance standard that is recommended by the National Association
of Insurance Commissioners (NAIC).  
   (b) Subdivision (a) does not apply to the adoption of a technical
or ministerial rule, regulation, or insurance standard that is
recommended by the NAIC. However, if a technical or ministerial rule,
regulation, or insurance standard that is recommended by the NAIC is
adopted by the commissioner without using the Administrative
Procedures Act, then that rule, regulation, or insurance standard
shall be posted on the department's Internet Web site.