BILL NUMBER: AB 2626 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2010
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2010
An act to add Sections 12921.65 and 12964 to the
Insurance Code, relating to insurance. An act to amend
Section 831.4 of the Penal Code, relating to public officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2626, as amended, Jones. Insurance: commissioner:
filings: reporting. County of Sacramento: Sheriff's
security officers.
Under existing law a sheriff's or police security officer is a
public officer whose duties are limited to the physical security and
protection of properties owned, operated, controlled, or administered
by a city or county, or by a municipality or special district
contracting for police services, and specified other duties.
This bill would expand the duties of a security officer employed
by the Sheriff of the County of Sacramento to include the security
and protection of the property of an entity whose primary business
supports national defense, or whose facility is qualified as national
critical infrastructure, or who stores or manufactures material
that, if compromised, would compromise national security or pose a
danger to residents of the County of Sacramento.
Existing law requires the Insurance Commissioner to approve or
disapprove certain insurance rates and insurance policies. Existing
law requires the commissioner to make certain reports annually to the
Governor and the Legislature.
This bill would require the commissioner, within 45 days of
insurance rate change applications or policy filings for specified
insurance types, to notify the insurer of any known defects in its
filings. The bill would require that, beginning January 1, 2012, and
annually thereafter, the commissioner report specified information
concerning insurance rate change applications and policy filings to
the Department of Finance.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 831.4 of the Penal
Code is amended to read:
831.4. (a) (1) A sheriff's or police
security officer is a public officer, employed by the sheriff of a
county or police chief of a city, whose primary duty is the security
of locations or facilities as directed by the sheriff or police
chief. The duties of a sheriff's or police security officer shall be
limited to the physical security and protection of properties owned,
operated, controlled, or administered by the county or city, or any
municipality or special district contracting for police services from
the county or city pursuant to Section 54981 of the Government Code,
or necessary duties with respect to the patrons, employees, and
properties of the employing county, city, or contracting entities.
(2) In addition to the duties in paragraph (1), the duties of a
security officer employed by the Sheriff of the County of Sacramento
may also include the physical security and protection of any
properties owned, operated, or administered by any public agency,
privately owned company, or nonprofit entity, whose primary business
supports national defense, or whose facility is qualified as national
critical infrastructure under federal law or by a federal agency, or
who stores or manufactures material which, if stolen, vandalized, or
otherwise compromised, may compromise national security or may pose
a danger to residents of the County of Sacramento.
(b) A sheriff's or police security officer is not a peace officer
nor a public safety officer as defined in Section 3301 of the
Government Code. A sheriff's or police security officer may carry or
possess a firearm, baton, and other safety equipment and weapons
authorized by the sheriff or police chief while performing the duties
authorized in this section, and under the terms and conditions
specified by the sheriff or police chief. These persons may not
exercise the powers of arrest of a peace officer, but may issue
citations for infractions if authorized by the sheriff or police
chief.
(c) Each sheriff's or police security officer shall satisfactorily
complete a course of training as specified in Section 832 prior to
being assigned to perform his or her duties. Nothing in this
subdivision shall preclude the sheriff or police chief from requiring
additional training requirements.
(d) Notwithstanding any other law, nothing in this section shall
be construed to confer any authority upon any sheriff's or police
security officer except while on duty, or confer any additional
retirement benefits to persons employed within this classification.
SECTION 1. It is the intent of the Legislature
to do all of the following:
(a) Increase the speed the Department of Insurance takes to
approve and disapprove insurance rate change applications and policy
filings by insurers.
(b) Increase the completeness of the insurance rate change
applications and policy filings by insurers with the department.
(c) Identify the true costs to the department associated with
approving and disapproving insurance rate change applications and
policy filings by insurers.
SEC. 2. Section 12921.65 is added to the
Insurance Code, to read:
12921.65. (a) Within 45 days of an insurance rate change
application or policy filing, for the insurance types described in
subdivision (b), the commissioner shall notify the insurer of any
known defects in its filing.
(b) This section shall only be applicable to all of the following
insurance types:
(1) Reinsurance, other than joint reinsurance to the extent stated
in Article 5 (commencing with Section 1856) of Chapter 9 of Part 2
of Division 1.
(2) Life insurance.
(3) Insurance of vessels or craft, their cargoes, marine builders'
risks, marine protection and indemnity, or other risks commonly
insured under marine, as distinguished from inland marine, insurance
policies. Inland marine insurance shall be deemed to include
insurance now or hereafter defined by statute, or by interpretation
thereof, or if not so defined or interpreted, by ruling of the
commissioner or as established by general custom of the business, as
inland marine insurance.
(4) Title insurance.
(5) Disability insurance.
(6) Workers' compensation insurance and insurance of any liability
of employers for injuries to, or death of, employees arising out of,
and in the course of, employment when this insurance is incidental
to, and written in connection with, the workers' compensation
insurance issued to the same employer and covering the same employer
interests.
(7) Mortgage insurance.
(8) Insurance transacted by county mutual fire insurers or county
mutual fire reinsurers.
SEC. 3. Section 12964 is added to the Insurance
Code, to read:
12964. Beginning on January 1, 2012, and annually thereafter, the
commissioner shall report to the Department of Finance all of the
following:
(a) The length of time it takes to approve and disapprove rate
change applications and policy filings.
(b) The number of department personnel necessary to comply with
the time frames required by this code to fulfill these functions.
(c) The additional personnel, if any, needed to comply with any
applicable statutory time limits.
(d) The total costs associated with approving and disapproving
rate change applications and policy filings in the previous year.
(e) The total costs associated with approving and disapproving
rate change applications necessary to meet all statutory time limits.