Read

 E-mail Print

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

AB 70

367

Flood insurance

Provides that a city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that it has increased the state's exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project, unless the city or county meets specified requirements. Effective: January 1, 2008.

AB 139

158

Motor vehicle insurance - enforcement issues

Relates to existing law that requires an applicant for an original or renewal certificate to drive a school bus, paratransit vehicle, or farm labor vehicle to submit to the Department of Motor Vehicles a report of a physician's examination. Authorizes the medical examination to be given by a licensed advanced practice registered nurse qualified to perform a medical examination, or a licensed physician assistant. Effective: January 1, 2008.

AB 321

384

Motor vehicle insurance - traffic safety

Establishes, in a residence district, on a specified highway, a 15 miles per hour prima facie limit when approaching, at a specified distance, or passing a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign indicating a speed limit of 15 miles per hour, while children are going or leaving school during school hours or noon recess. Allows a city or county to establish such limit. Requires reimbursement. Provides for a specified prima facie speed limit. Effective: January 1, 2008.

AB 338

595

Workers compensation - benefits, claims and authorized treatments

Relates to the Workers' Compensation Law that prohibits aggregate disability payments for a single injury occurring on or after a specified date, causing temporary disability from extending for more than 104 compensable weeks within a period of 2 years from the date of commencement of payment. Increases, for a single injury occurring on or after a specified date, to five years from the date of injury, the period of time during which an employee can receive aggregate disability payments. Effective: January 1, 2008.

AB 421

746

Motor vehicle insurance - enforcement issues

Relates to existing law that requires the clerk of a court in which a person was convicted of any vehicle violation to prepare within 10 days after conviction or sentencing and immediately forward to the Department of Motor Vehicles, an abstract of the record of the court covering that case. Reduces the time for forwarding those abstracts of the court record to 5 days. Effective: Varies.

AB 430

682

Motor vehicle insurance - traffic offenses

Includes one or both of the crimes of reckless driving or engaging in motor vehicle speed contests within the scope of various existing statutes including, among others, provisions relating to time limits for destruction of court records, and exceptions to requirements that insurance companies not raise premium rates where the insured or applicant has been convicted of a traffic violation while driving an employer's vehicle during the course of employment. Effective: January 1, 2008.

AB 500

268

Civil procedure

Permits a party to appear in a general civil case who has provided notice, by telephone at specified conferences, hearings, and proceedings. Permits a court to require a party to appear in person at these hearings, conferences, or proceedings if the court makes a specified determination on a hearing-by-hearing basis. Effective: January 1, 2008.

AB 522

134

Surplus lines

Relates to surplus lines brokers soliciting nonadmitted insurers. Extends existing law that specifies duties of nonadmitted insurers and surplus line brokers transacting business, gives applicants and policyholders the right to notice of the power to cancel the policy under specified circumstances, and notice that the broker fee must be returned and that the premium be prorated when a policy is canceled and imposes a similar requirement with respect to person insurance and associated umbrella policies. Effective: January 1, 2008.

AB 645

161

Motor vehicle insurance - traffic offenses

Amends existing law which authorizes a court to order a person issued a notice to appear for a traffic violation to attend a traffic violator school licensed under the Vehicle Code, in lieu of adjudicating the traffic offense, and with the consent of the defendant, or after conviction of a traffic offense. Makes these provisions inapplicable to a person when the traffic offense is an offense that, if convicted, is assigning points for driver's licensure purposes. Revises a charge dismissal procedure. Effective: January 1, 2008.

AB 678

747

Motor vehicle insurance - traffic offenses

Relates to fleeing the scene of vehicular manslaughter and to existing law that provides for an imprisonment enhancement or manslaughter while operating a vessel. Includes within that crime, enhanced vehicular manslaughter while operating a vehicle under the influence of alcohol or drug and with gross negligence or the commission of the same act that might produce death. Effective: January 1, 2008.

AB 796

138

Financial regulation

Relates to adding another level of Total Adjusted Capital with respect to insurers comprehensive financial plan that is filed with the Insurance Commissioner, the marketability of securities held by an admitted insurers in order to qualify for coverage from a surplus lines broker, the capital and surpluses of Insurance Exchanges, the charging of additional premiums and deductibles for earthquake insurance, and the definition of credit default swap as it relates to financial guaranty insurance. Effective: January 1, 2008.

AB 797

271

Producer licensure - licensing requirements

Adds a limited lines automobile insurance agent to the existing type of agent licensees. Requires candidates for such license to undergo a certain number of hours of prelicensing study as a prerequisite. Provides that the insurance curriculum board may approve standards for courses in business management practices for license renewal requirements. Requires the passing of an examination for such agents to sell additional types of insurance. Makes certain education requirements for license renewal. Effective: January 1, 2008.

AB 808

748

Motor vehicle insurance - enforcement issues

Enacts the Steve Ambriz Act. Requires, as a condition of obtaining or renewing a driver's license, the applicant sign a declaration regarding driving under the influence, and the potential charges that could result from killing a person as a result of driving under the influence. Requires the declaration to be printed in the same language as the driver's license application or renewal notice. Effective: January 1, 2008.

AB 812

615

Workers' compensation - miscellaneous provisions

Amends existing law that workers' compensation insurers generally perform a payroll verification audit to compare the actual premium to the estimated premium. Provides that if an employer fails to provide for access by the insurer or its authorized representative to its records, to enable the insurer to perform an audit, the employer shall be liable to pay to the carrier a total premium for the policy equal to 3 times the insurer's then-current estimate of the annual premium and for other costs. Effective: January 1, 2008.

AB 829

325

Motor vehicle insurance - aftermarket parts

Allows aftermarket and performance parts to be sold and installed on motorcycles, concurrent with a motorcycle's transfer to an ultimate purchaser, where the parts have valid state Air Resources Board executive orders. Effective: January 1, 2008.

AB 913

58

Commercial auto

Amends existing law which requires a motor carrier to pay a fee for the reissuance of a motor carrier's permit following its suspension or revocation. Waives the fee requirement, if the suspension or revocation was based on a lapse in liability insurance or workers' compensation insurance, and the evidence of valid insurance coverage demonstrates that a lapse in coverage for the carrier's operation did not occur. Effective: January 1, 2008.

AB 924

111

Motor vehicle insurance - auto theft

Relates to existing law that defines criminal profiting activity as any act committed or attempted or any threat made for financial gain or advantage, which act or threat may be charged as one of several specified crimes. Adds offenses involving vehicle theft to that list of specified crimes. Effective: January 1, 2008.

AB 1008

326

Motor vehicle insurance - vehicle service contracts

Changes the definition of vehicle service contract to include only those agreements that have a term of at least one year that promise routine maintenance, and agreements to promise repair or replacement of a tire, wheel, or glass. Provides that a vehicle service contract may include any or all specified benefits. Provides that an obligor of parent company may establish that it possesses a specified net worth in lieu of filing an insurance policy and must meet the obligor's contract obligations. Effective: January 1, 2008.

AB 1073

521

Workers' compensation - benefits, claims and authorized treatments

Prohibits the limit on the number of chiropractic, occupational therapy, and physical therapy visits from applying to visits for postsurgical physical medicine and postsurgical rehabilitative services. Effective: January 1, 2008.

AB 1165

749

Motor vehicle insurance - traffic offenses

Makes it unlawful for a person who is on probation for a violation of either of certain driving under-the-influence offenses to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01% or greater, as measured by a preliminary alcohol screening test or other chemical test. Imposes additional sanctions on person found to violate this prohibition. Removes obsolete references in existing law related to license revocation for refusing or failing to complete a preliminary screening test. Effective: January 1, 2007.

AB 1269

697

Workers' compensation - benefits, claims and authorized treatments

Relates to Workers' Compensation law that requires that implantable medical devices, hardware, and instrumentation for specified diagnostic related groups be separately reimbursed in accordance with a prescribed formula. Authorizes the Administrative Director of the Division of Workers' Compensation to adopt and revise an official medical fee schedule for inpatient facility fees for burn cases in accordance with specified requirements. Effective: January 1, 2008.

AB 1298

699

Privacy

Applies the prohibitions of the Confidentiality of Medical Information Act to any business organized for the purpose of maintaining medical information to allow an individual to manage his or her information or for treatment or diagnosis. Permits a consumer reporting agency to disclose public record information lawfully obtained from an open public record to the extent permitted by law. Adds medical and health insurance information to data that constitutes information that would require breach disclosure. Effective: January 1, 2008.

AB 1364

117

Workers' compensation - miscellaneous provisions

Provides if the workers' compensation insurer provides a required deposit in order to business in the state is domiciled in a state where the state law provides that with respect to claims, the deductible amount paid by a guarantee association after the entry of an order of liquidation under large deductible policies, any part of the reimbursement proceeds are general assets of the estate, then the amount of the insurer's deposit shall be calculated based on the a specified formula. Effective: January 1, 2008.

AB 1401

335

Insurance fraud

Relates to existing law that provides that the costs of administration and operation of the Fraud Division are to be borne by all of the insurers admitted to transact business in the state. Requires an insurer to pay an annual special purpose assessment to be used exclusively for the support of the Fraud Division. Provides all moneys from the assessment will be deposited to the credit of the Insurance Fund. Requires a report on the Insurance Department's Web site on specified information. Effective: January 1, 2008.

AB 1437

282

Underground storage tanks

Revises the waiver of the financial responsibility and permit requirements under the Barry Keene Underground Storage Tank Cleanup Trust Fund Act. Authorizes certification by an underground storage tank permitting agency to be based on a site evaluation and tank tests. Authorizes the Water Resources Control Board to pay certain claims to aid eligible owners and operators of petroleum underground storage tanks under specified circumstances. Effective: January 1, 2008.

AB 1464

452

Motor vehicle insurance - traffic offenses

Permits the court when an owner or other person given a notice to appear does not appear in court, or pay the applicable fine and penalties if an appearance is not required, to notify the owner or other person by mail that registration may be precluded by that failure and file a notice of noncompliance with the Department of Motor Vehicles in order to preclude registration of the vehicle involved in the offense. Effective: January 1, 2008.

AB 1513

66

Commercial auto

Amends existing law which requires a motor carrier of property to pay an initial and renewal permit fee to the Department of Motor Vehicles, except for a motor carrier of property engaged solely in interstate or foreign transportation of property by motor vehicle. Updates reference to applicable federal law relating to interstate or foreign transportation of property by motor vehicle. Effective: January 1, 2008.

AB 1575

121

Motor vehicle insurance - miscellaneous provisions

Relates to vehicle lien compensation for automotive repairs and other costs. Increases those amounts. Prohibits the lienholder, from dismantling, disengaging, removing or stripping from the vehicle parts used to complete the work or services. Provides a timeframe for the repair dealer to provide a requested copy of the work order or invoice reflecting the services and repairs performed without the extinguishment of the lien. Effective: January 1, 2008.

AB 1589

453

Motor vehicle insurance - miscellaneous provisions

Amends existing law that authorizes a peace officer who is engaged in directing traffic or enforcing parking laws to remove a vehicle when the vehicle is found or operated upon a highway, public lands, or an off-street parking facility with expired registration expiration. Provides additional instances relating to registration when a vehicle may be removed from a highway, public lands, or an off-street parking facility. Effective: January 1, 2008.

AB 1639

122

Producer licensure - continuing education requirements

Provides that an insurance provider may not use its own self-study course toward its continuing education requirement for licensure. Provides that the fee for application for a surplus line broker's license shall be paid every 2 years. Requires every applicant for a surplus lines business entity license, to provide the names of all persons who may exercise the power and perform the duties under the license. Requires such licensed organization to notify the Insurance Commissioner of any changes. Effective: January 1, 2008.

AB 1728

630

Motor vehicle insurance - traffic offenses

Relates to court abstracts of vehicle violations regarding a vehicle carrying hazardous materials, the presumption of negligent operation of a vehicle carrying hazardous materials, the definition of a commercial motor vehicle carrying such materials, the operation a short-term rental motorized bicycle without an endorsement, the limitation of types of research for organ donation by a licensed driver, the contracting for identification cards, driver railroad crossing requirements, and county vehicle tags. Effective: January 1, 2008.

SB 7

425

Motor vehicle insurance - miscellaneous provisions

Makes it an infraction punishable by a fine for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a minor. Requires a public education program regarding the dangers of secondhand smoke in confined places. Prohibits a law enforcement officer from stopping a vehicle for the sole purpose of determining whether the driver is in violation of anti-smoking provisions. Effective: January 1, 2007.

SB 33

214

Teen drivers

Prohibits a person under the age of 18 years from driving a motor vehicle using a wireless telephone even if equipped with a hands-free device or while using a mobile service device. Provides that the prohibition would not apply to a person using a wireless telephone or mobile service device for emergency purposes. Prohibits a law enforcement officer from stopping a vehicle for the sole purpose of determining if the driver is violating this prohibition. Provides fines for violations. Effective: Varies.

SB 67

727

Motor vehicle insurance - traffic offenses

Extends provisions regarding motor vehicle removal and seizure to persons engaged in reckless driving on a highway, reckless driving in an off street parking facility, or an exhibition of speed on a highway. Requires the impounding agency to release the vehicle to the registered owner prior to the conclusion of the impoundment period if the owner was neither the driver nor a passenger in the vehicle at the time of the alleged violation, or was unaware that the vehicle was being used in the activities. Effective: October 14, 2007.

SB 114

223

Catastrophe-related legislation

Provides state allocations with respect to property tax revenue reductions resulting from a reassessment for damages incurred within specified counties declared by the Governor to be in a state of emergency due to severe freezing conditions. Provides that any qualified dwelling that was damaged or destroyed that has not changed ownership, cannot be denied on the basis of temporary damage or destruction. Provides for school districts and county offices of education. Relates to wildfire damage. Effective: January 1, 2008.

SB 138

32

Construction liability

Provides that all agreements affecting any residential construction contract that purport to indemnify the general contractor not affiliated with the builder by a subcontractor against liability for claims of construction defects or negligence are unenforceable. Effective: January 1, 2008.

SB 316

431

Workers' compensation - miscellaneous provisions

Deletes workers' compensation insurance from insurer requirements to maintain minimum reserves for outstanding losses and loss expenses for various coverages included in the lines of business described in the annual statement. Requires the Commission on Health and Workers' Compensation to examine the causes of the number of insolvencies among workers' compensation insurers over a specified period and to provide an Internet report. Provides for confidentiality of data. Makes an appropriation. Effective: January 1, 2008.

SB 339

297

Financial regulation

Relates to existing law that provides that an insurer may make excess fund investments in shares of an open-end diversified investment company, under specified conditions. Revises and recasts the conditions applicable to an investment company in which a domestic insurer may make excess fund investments. Effective: January 1, 2008.

SB 430

303

Earthquake insurance

Amends existing law authorizing the state Earthquake Authority to transact basic residential earthquake insurance. Revises the definition of available capital and defines total capital for those purposes. Relates to the authorities ability to require participating insurers to make certain additional capital assessments. Provides that if claims and claim expenses paid by the authority due to earthquakes exhaust existing capital and the maximum assessments, the board may further assess participating insurers. Effective: July 1, 2008.

SB 629

211

Motor vehicle insurance - miscellaneous provisions

Repeals provisions of existing law which requires any peace officer or firefighter who has been involved in an accident to submit to his or her private automobile insurer a written declaration stating whether or not at the time of the accident he or she was operating an emergency vehicle in the performance of his or her duty during the hours of his or her employment. Effective: January 1, 2008.

SB 644

189

Motor vehicle insurance - miscellaneous provisions

Relates to existing law that requires an abstract of judgment or decree requiring the payment of money to contain the social security number and driver's license number of the judgment debtor if they are known to the judgment creditor and authorizes liens on unsecured property for delinquent taxes on unsecured property for delinquent taxes which filing may constant the social security number. Deletes the requirement these abstracts and filings contain the debtor's or assessee's social security number. Effective: January 1, 2008.

SB 869

662

Workers' compensation - miscellaneous provisions

Requires the workers' compensation insurance coverage program to systematically identify unlawfully uninsured employers. Authorizes the prioritization of targets for the program. Requires a report to be posted on the Labor Commissioner's Web site. Authorizes funds in the Workers' Compensation Administration Fund be used to administer the program. Requires the use of specified information to enable the identification of unlawfully uninsured employers. Effective: January 1, 2008.

SB 1038

100

Guaranty funds

Relates to the unearned premium that is required under the Insurance Guaranty Association which is used to provide insurer insolvency coverage. Provides that any district attorney who fails to submit an application for fraud prosecution funds to the Commissioner of the Department of Insurance by the deadline set by the commissioner shall be subject to loss of distribution of moneys. Deletes a specified report requirement of the Fraud Division. Effective: January 1, 2008.