BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2780
          Author:   Assembly Insurance Committee
          Amended:  As introduced
          Vote:     21

           
           SENATE BANKING, FINANCE, AND INS. COMMITTEE  :  9-0, 6/16/10
          AYES:  Calderon, Cogdill, Florez, Kehoe, Liu, Lowenthal,  
            Padilla, Price, Runner
          NO VOTE RECORDED:  Correa, Cox
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-0, 5/6/10 (Consent) - See last page for  
            vote


           SUBJECT  :    Insurance:  reporting requirements

           SOURCE  :     Author


           DIGEST  :    This bill permits the Insurance Commissioner to  
          modify the frequency and due date of certain reports under  
          current law and eliminates one annual report to the  
          Governor and the Legislature.

           ANALYSIS  :    

          Existing law:

          1. Provides that a report by insurers that write liability  
             insurance for long-term care facilities or other  
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             residential care facilities for the elderly shall be  
             filed by a date set by the Insurance Commissioner but no  
             later than July 1 of each calendar year.

          2. Requires automobile insurers to annually report to the  
             Insurance Commissioner specified data relating to  
             inspections of vehicles for which a property damage  
             claim was paid.

          3. Requires the Insurance Commissioner to report annually  
             to the Governor and Legislature on a number of issues,  
             including an analysis relating to the relationship  
             between uninsured motorists and the affordability of  
             automobile insurance.

          This bill:

          1. Provides that a report of insurers which write liability  
             insurance for long-term care facilities or other elderly  
             residential care facilities is to be filed by a date   
             specified by the Insurance Commissioner not more than  
             once each calendar year.

          2. Requires automobile insurers to report certain data  
             related to inspections of vehicles for which a property  
             damage claim was paid, and claims payment data, at the  
             request of the Insurance Commissioner, but not more than  
             annually.

          3. Repeals a requirement that the Insurance Commissioner  
             report annually to the Governor and Legislature an  
             analysis relating to the relationship between uninsured  
             motorists and the affordability of automobile insurance.

           Background
           
          The Department of Insurance maintains a Statistical  
          Analysis Division (SAD) in Los Angeles which has the  
          responsibility to respond to all data collection and  
          reporting requirements set forth in either the California  
          Insurance Code or the California Code of Regulations.  The  
          data, analysis and reports of the SAD unit are intended to  
          support the maintenance of a healthy insurance marketplace  
          in California and assist the public and the Department in  

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          sound decision-making.

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

           SUPPORT  :   (Verified  6/29/10)

          Department of Insurance


           ARGUMENTS IN SUPPORT  :    The  Department of Insurance (CDI)  
          supports this bill and its revisions to the to the required  
          frequency of various data calls from annual to a date set  
          by the Insurance Commissioner not more frequently than once  
          per year.

          This bill retains the requirement for the Medical  
          Professional Liability, Vehicle Fraud and Long Term Care  
          data calls but does away with the mandate that they be  
          annual, although the antifraud activity currently required  
          of auto insurers and which provides the data reflected in  
          that data call is continued; it is only the timing of the  
          data call which is modified.
          CDI indicates that while at one time the annual data calls  
          served a purpose, the need does not exist today.  CDI  
          indicates it receives very few requests for this  
          information.  Accordingly, CDI states:  "Eliminating the  
          annual requirement while maintaining the Commissioner's  
          authority to run a data call when needed is cost effective  
          and frees up limited departmental staff resources to carry  
          out more critical functions".


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  

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            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Block, De La Torre, Gilmore,  
            Mendoza, Vacancy


          JJA:mw  6/29/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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