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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

AB 5

5

Electronic Discovery Act

Establishes procedures for a person to obtain discovery of electronically stored information, documents and land or other property, in the possession of any other party to an action under the Civil Discovery Act by means of copying, testing, or sampling in addition to inspection. Relates to protective orders regarding copying, testing, or sampling. Provides the court shall not impose sanctions for electronically stored information lost as the result of the good faith operation of an information system. Effective date: June 29, 2009.

AB 14

210

Vehicle Impoundment

Authorizes a city, county or city and county to adopt an ordinance declaring a motor vehicle to be a nuisance subject to an impoundment when the motor vehicle is involved in the commission of any one or more of specified crimes related to prostitution or illegal dumping of commercial quantities of waste matter upon a public or private highway or road under certain conditions. Requires that the ordinance include a notice and the payment of specified fees. Relates to storage facility fee liability. Effective date: January 1, 2010.

AB 62

73

Distracted Driving

Relates to existing law that makes it unlawful for a person to driver a motor vehicle if a television receiver, a video monitor, or a television or video screen, or any other similar device is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while he or she is driving. Exempts such equipment if the operation is designed, operated, and configured in a manner that prevents the driving from viewing the broadcast. Effective date: January 1, 2010.

AB 83

77

Personal Liability Immunity

Provides that medical, law enforcement, and emergency personnel who in good faith, and at no cost, render emergency medical or nonmedical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. Provides the same liability exemption for any other person, who renders emergency medical or nonmedical care or assistance at no cost, unless the act or omission is a result of gross negligence or willful misconduct. Effective date: August 6, 2009.

AB 91

217

Ignition Interlock Devices

Requires ignition interlock device manufacturers to provide certain information to the Department of Motor Vehicles. Requires the department to establish a pilot program in specified counties that requires, as a condition of being issued a restricted driver's license, a driver's license, or having the privilege to operate a motor vehicle reinstated, a person to install an ignition interlock device on all vehicles they own or operate and to participate in an alcohol and drug assessment program and pay a fee. Effective date: Varies.

AB 134

414

Off-Road Vehicles

Prohibits a parent or guardian of a child under a specified age, or an adult who is authorized to supervise that child, from granting permission to, or knowingly allowing, the operation of an off-highway motor vehicle if the child is unable to reach and operate all controls necessary to safely operate the vehicle. Imposes violation fines. Expands the list of violations that do not result in a violation point count to include violations regarding the operation of such vehicle by a child under a certain age. Effective date: Varies.

AB 299

234

State Regulation

Provides that the Insurance Commissioner shall mail to insurers a report specifying reciprocal states. Adds other criteria that the commissioner must consider when examining the business and affairs of insurers. Provides for the disclosure of market analysis data. Modifies authorized investments by insurers. Provides that every policy of auto insurance shall provide coverage for the replacement of a child seat. Relates to tax sharing agreements, fraternal benefit societies and mortality tables. Effective date: January 1, 2010.

AB 328

433

Electronic Transactions

Removes insurance provisions from the exception to the authorization for certain electronic transactions. Provides that an automobile insurer may not deliver documents electronically unless it is an electronic transaction. Authorizes required notice for certain types of insurance on risks or operations to be made electronically with the consent of the parties. Allows an insurer to pay covered claims by an electronic funds transfer. Prohibits an insurer from requiring consent to electronic payment. Effective date: January 1, 2010.

AB 361

436

Workers’ Compensation

Relates to workers' compensation. Provides that, regardless of whether an employer has established a medical provider network or entered into a contract with a health care organization, an employer that authorizes medical treatment shall not rescind or modify the authorization for the portion of the treatment that has been provided after that treatment has been provided for any reason. Provides these provisions shall not be construed to alter the benefits under, or the terms and conditions, of any contract. Effective date: January 1, 2010.

AB 409

105

Guaranty Fund

Amends existing law that requires the State Insurance Guarantee Association to collect premium payments from member insurers sufficient to cover the obligations of an insurer that has become insolvent. Provides that the initial premium charge shall be adjusted by applying the same rate of premium charge as initially used to each insurer's written premium as shown on the annual statement for the 2nd year following the year on which the initial premium charge was based. Effective date: January 1, 2010.

AB 425

107

Military Personnel Motor Registration Exemption

Exempts a member of the State National Guard or the United States Armed Forces who was on active duty serving outside of the state in a military conflict during a time of war at the time of suspension, cancellation, or revocation of a vehicle registration from paying a reissuance fee. Effective date: January 1, 2010.

AB 470

112

Confidential Information

Amends existing law that prohibits insurance institutions, agents, or insurance-supported organization from disclosing personal or privileged information collected in connection with an insurance transaction unless a specified exception applies. Authorizes the disclosure of information from an accident report, supplemental report, or investigative report to an insured's lawyer if the insured is otherwise entitled to obtain the report. Effective date: January 1, 2010.

AB 483

241

Workers’ Compensation

Provides that a licensed rating organization shall establish and maintain an Internet Web site for assisting any person to determine whether an employer is insured for workers' compensation. Specifies who may submit an inquiry, what information shall be available, and provides that a rating organization would not be required to disclose specified or confidential information. Allows a Web site link to the Department of Industrial Relations Web site. Includes self-insurance. Requires a Web site review. Effective date: January 1, 2010.

AB 524

449

Privacy

Provides that the sale, offer for sale, transmission, publication, broadcast, or other use of any visual image, sound recording, or other physical impression of a plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy by a person with actual knowledge of that fact establishes liability for constructive invasion of privacy, subject to a civil fine. Establishes the Arts and Entertainment Fund for deposit of 1/2 of the fines. Effective date: January 1, 2010.

AB 601

247

State Regulation

Makes technical, nonsubstantive changes and extends the operation of existing law that imposes on an insurer a special purpose assessment on each vehicle insured under an insurance policy issued in the state that is used to fund specified consumer service functions of the Department of Insurance relating to motor vehicle insurance. Effective date: January 1, 2010.

AB 647

461

Vehicle Registration, Titling

Requires the Department of Motor Vehicles to be in full compliance with the federal Anti Car Theft Act of 1992 and the federal Department of Justice's rules governing the federal National Motor Vehicle Title Information System, to the extent practicable, and to eliminate any restrictions to consumer access to titling, branding, and theft information provided by the department to the system to ensure that prospective purchasers have instant and reliable access to the State's data. Effective date: January 1, 2010.

AB 800

254

Producer Licensing

States a person under a certain age is not eligible to apply for licensure as an insurance agent, adjuster, or broker. Deletes prelicensing education requirements for applicants who hold nonresident licenses. Relates to life agents and title marketing representatives and to licenses related to disability insurance, surplus lines, bail, life and disability analysts, and motor clubs. Provides a continuing education exemption for licensees shall not apply to individuals first licensed after a certain date. Effective date: January 1, 2010.

AB 866

480

Earthquake Insurance

Amends existing law that requires the Earthquake Authority to issue policies of basic residential earthquake insurance to any owner of a qualifying residential property and to report annually on the authority's conditions and affairs. Requires the authority to make the annual report by a specified date each year. Requires that the report be posted on the authority's Internet Web site. Effective date: January 1, 2010.

AB 873

481

Vehicle Titles

Authorizes the use of a photocopy of certain documents in lieu of a facsimile when requesting issuance of a duplicate or substitute certificate of title or license plate from the Department of Motor Vehicles. Makes a prohibition against the issuance of a duplicate or substitute certificate of title or license plate if the owner's address on the application is different from the address of record, unless the applicant appears in person, inapplicable to an application from the agent of a dealer. Effective date: January 1, 2010.

AB 927

7

Construction Defects

Amends the Davis-Stirling Common Interest Development Act. Changes the expiration date for the specified requirement that must be satisfied before an association files a complaint for damages against the builder, developer, or general contractor for the development based upon a claim for defects in the design or construction of the development. Effective date: July 1, 2010.

AB 1093

272

Workers’ Compensation

Provides for purposes of determining whether to grant or deny a workers' compensation claim, if an employee is injured or killed by a 3rd party in the course of the employee's employment, no personal relationship or connection shall be deemed to exist between the employee and the 3rd party based only on a determination that the 3rd party injured or killed the employee solely because of the 3rd party's personal beliefs relating to his or her perception of the employee's personal characteristics. Effective date: January 1, 2010.

AB 1094

134

Personal Information

Requires a business to take all reasonable steps to dispose, or arrange for the disposal, of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by taking any of the actions listed in existing law. Provides a cause of action shall not lie against a business that disposes of abandoned records properly. Relates to records left after the termination of tenancy or commercial tenancy. Effective date: January 1, 2010.

AB 1117

136

Workers’ Compensation

Provides that, for purposes of actions by the Board of Directors of the State Compensation Insurance Fund affecting generally applicable rates, a member of the board shall not be deemed to have a financial interest in a contract of insurance between the State fund and an organization of which any member of the board is an owner, officer, or employee. Effective date: August 5, 2009.

AB 1179

141

Auto Damage Assessments

Amends existing that regulates the conduct of motor vehicle insurers relative to insureds or claimants and provides insurers are required to provide each insured with an Auto Body Repair Consumer Bill of Rights. Requires the information regarding a consumer's right to seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of that vehicle, be included in the bill of rights. Effective date: January 1, 2010.

AB 1200

387

Auto Repair Shops

Amends existing law prohibiting insurers from requiring that an automobile be repaired at a specified automotive repair dealer and providing that such insurer may suggest or recommend a specific repair dealer under specified circumstances. Authorizes an insurer to provide a claimant with specific truthful and nondeceptive information regarding the services and benefits available to the claimant during the claims. Effective date: January 1, 2010.

AB 1214

517

Fire Insurance Liability

Specifies that any privately owned or operated resources hired by an insurer for the purpose of protecting structures endangered by fire or performing firefighting duties shall report to the incident commander or his or her designee immediately upon arriving at the site of a fire. Requires those resources to obey all directions, including evacuation orders, given by the commander. Effective date: January 1, 2010.

AB 1227

389

Workers’ Compensation

Requires that public employees be employed on a full-time basis in order to qualify for a paid leave of absence, in lieu of temporary disability benefits, for injuries occurring on the job. Provides that the provisions pertaining to a leave of absence shall not apply to certain public safety personnel who are employees of the City and County of San Francisco. Effective date: January 1, 2010.

AB 1499

151

Workers’ Compensation

Relates to horse racking and workers' compensation. Authorizes a fair to deduct an additional percentage of the total amount handled in exotic parimutuel pools of races for any breed, other than races solely for thoroughbreds, for workers' compensation insurance costs of trainers and owners. Provides this deduction would also be for similar purposes and subject to similar conditions as the quarter horse racing association and harness racing association authorizations in existing law. Effective date: August 6, 2009.

AB 1515

540

Electronic Lien and Title Program

Requires the Director of Motor Vehicles to develop an Electronic Lien and Title Program that would require all lienholder's title information to be held in an electronic format, if the department determines that the program is cost effective compared to the current paper title and registration system. Authorizes the director to establish an auto loan business volume threshold below which a lienholder is not required to participate in the program. Effective date: January 1, 2012.

SB 39

27

Personal Liability Immunity

Provides that disaster service workers shall not be liable for civil damages on account of personal injury to or death to any person or property when acting within the scope of their responsibilities under the authority of the governmental emergency organization. Effective date: August 6, 2009.

SB 40

552

Personal Information

Amends existing law that relates to the presenting of a document for recording of filing with a county recorder to provide that a document containing more than the last 4 digits of a social security number is not entitled for recording. Requires a support judgment abstract to contain only the last 4 digits of the social security number of the person order to pay. Effective date: January 1, 2010.

SB 119

30

Professional Liability Insurance

Extends the expiration date of existing law that prohibits the bringing of an action against an insurer issuing professional liability insurance policies to health care providers for statements made in bad faith unless the statement was made under a specified circumstance. Effective date: January 1, 2010.

SB 159

33

Emergency Vehicles

Deletes the repeal date of existing law requiring a person driving on a freeway approaching a stationary emergency vehicle displaying emergency lights and, before passing in a lane immediately adjacent to the emergency vehicle, to either change lanes or slow to a reasonable and prudent speed, and for existing law that requires tow trucks used to tow disabled vehicles to be equipped with flashing amber warning lamps and authorizes those trucks to display the lamps on a freeway with exceptions. Effective date: January 1, 2010.

SB 186

565

Workers’ Compensation

Relates to existing law which requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of employment and provides the employee with the right to be treated by his or personal physician from the date of the injury if specified requirements are met. Deletes the repeal date for these provisions pertaining to an employee's pre-designation of a personal physician. Effective date: January 1, 2010.

SB 226

40

Identity Theft

Provides that when multiple identity theft offenses occur in multiple jurisdictions and all of the offenses involve the same defendant or defendants and either the same personal identifying information of one person or the same scheme or substantially similar activity, then jurisdiction for all offenses, including offenses connected together to an underlying identity theft offense, is proper in any one of the counties where the offenses occurred. Requires the consideration of similar aspects of the crimes. Effective date: January 1, 2010.

SB 291

574

Mortgage Guaranty Insurance

Provides that if a mortgage guaranty insurer will not have the amount of policyholders surplus required, it shall cease transacting new business until its policyholders surplus is in compliance. Requires the insurer to notify the Insurance Commissioner prior to the time the surplus is established to fall below the required amount. Authorizes the insurer to request a waiver. Provides the time frame the insurer may transact new business until the Commissioner issue and order on the waiver request. Effective date: January 1, 2010.

SB 313

640

Workers’ Compensation

Relates to workers' compensation employer penalty assessments. Increases that assessment to a specified amount per employee during the period the employer was uninsured. Provides various formulas for calculating the amount an employer would have paid in workers' compensation premiums in cases where an employer is uninsured, insured, or becomes insured during the period for which a penalty is being determined. Effective date: January 1, 2010.

SB 398

586

Fire Code Enforcement

Exempts from Department of Housing and Community Development regulations a mobile home park within a special district or other entity that has been delegated fire code enforcement by the city, county, or city and county that is the enforcement agency, and the district or entity is enforcing a fire prevention code. Makes specified additions to the subject areas in which a city, county, city and county, or special district that is not the enforcement agency may enforce its fire prevention code in such parks. Effective date: January 1, 2010.

SB 510

593

Structured Settlements

Amends existing law that relates to the direct or indirect transfer of structured settlement payment rights. Specifies these provisions only apply to agreements with certain connections to the state. Specifies new information to be included in the disclosure statement to the payee. Specifies circumstances the court must consider before approving the transfer. Provides the information that each application for approval shall contain. Specifies notice and disclosure requirements. Effective date: January 1, 2010.

SB 598

193

DUI

Requires the Department of Motor Vehicles to advise a person convicted of driving only under the influence of an alcoholic beverage that the person may apply for a restricted driver's license under certain conditions including completion of a driving-under-the-influence program. Provides similar requirements for driving under the influence of a drug and/or alcoholic beverage. Provides a prolonged period of suspension for subsequent convictions. Requires the payment of a fee to. Effective date: July 1, 2010.

SB 766

616

Workers’ Compensation

Provides that, in the event there are at any time uncommitted surplus funds in accounts created to defray the cost of workers' compensation insurance coverage for stable employees and jockeys of thoroughbred trainers, those unexpended funds may, at the written request of the organization governing those funds and with the approval of the state Horse Racing Board, be reallocated to any other fund or account created pursuant to the Horse Racing Law. Requires a specified report to accompany the request. Effective date: January 1, 2010.