Bill Text: CA SB1192 | 2019-2020 | Regular Session | Amended
Bill Title: Firefighters’, police officers’, or peace officers’ benefit and relief associations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State. Chapter 365, Statutes of 2020. [SB1192 Detail]
Download: California-2019-SB1192-Amended.html
Amended
IN
Senate
May 11, 2020 |
Amended
IN
Senate
March 25, 2020 |
Introduced by Senator Bradford |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law generally provides for the regulation of insurers by the Department of Insurance pursuant to laws set forth in the Insurance Code. Existing law authorizes the Insurance Commissioner to make certain examinations, investigations, and prosecutions and, upon making a determination of the existence of certain conduct, conditions, or grounds, to issue orders reasonably necessary to correct, eliminate, or remedy the conduct, conditions, or grounds. Existing law also prohibits insurers from engaging in unfair or deceptive acts or practices, including advertising insurance that an insurer will not sell. A violation of that prohibition is a misdemeanor.
Existing law exempts from the requirements set forth in the Insurance Code firefighters’, police officers’,
and peace officers’ benefit and relief associations that comply with specified criteria, including, among other things, a requirement that the membership consist solely of certain state or local peace or law enforcement officers, members of police or fire departments, and emergency medical personnel employed by fire departments, as specified.
This bill would impose reporting, reserve, and disclosure requirements upon those associations described above that offer long-term benefits, as defined. The bill would authorize the commissioner to examine the operations, affairs, transactions, conduct, and financial condition of an association, and to carry out other enforcement duties with respect to these associations. The bill would make these associations subject to the prohibitions against unfair or deceptive acts or practices. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill
would require an association, on an annual basis, to submit to the commissioner the opinion of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on specified actuarial standards. The bill would recognize that information submitted by a company pursuant to those provisions and in the possession or control of the department as proprietary and containing trade secrets. The bill would require that information to be confidential and privileged, exempt from disclosure by the commissioner pursuant to the California Public Records Act, and not subject to subpoena or discovery from the commissioner or admissible into evidence in a private civil action if obtained from the commissioner.
This bill would require an association to pay an annual regulatory fee of $466, which would be used by the
department for reasonable administrative costs necessary to regulate the association and to enforce the requirements of the bill. The bill would also require an association to pay an annual filing fee of $462, which would be used by the department to cover the reasonable administrative costs of reviewing and maintaining the financial information required to be submitted to the department by an association.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.