Property Casualty Insurers Association of America
>
Legislation
Following are ACIC position statements on bills that have been introduced during the 2009-2010 California legislative session.
Hide details for [<span class="titleSection">]Assembly Bills[</span>]Assembly Bills
AB 5 Civil Discovery: Electronic Discovery Act

ACIC Position: Support
Last ACIC Action: 06/16/2009
Summary: AB 5 amends the Civil Discovery Act to establish procedures for litigants to obtain discovery of electronically stored information in addition to documents and other tangible things in the possession of another party to the action. Effective date: June 29, 2009. ... more

AB 42 AJR 42 Medicare Secondary Payer Enhancement Act

ACIC Position: Support
Last ACIC Action: 07/29/2010
Summary: AJR 42 would express the Legislature’s support for HR 4796, the Medicare Secondary Payer Enhancement Act, a bipartisan effort in Congress that will allow parties to more quickly settle claims involving Medicare beneficiaries, to accurately determine the amount owed Medicare, and to make prompt payment to the Medicare Trust.... more

AB 83 Torts: Personal Liability Immunity

ACIC Position: Support
Last ACIC Action: 06/30/2009
Summary: AB 83 responds to a decision by the California Supreme Court which narrowly held that California's "Good Samaritan" law provides immunity from civil liability to persons providing assistance in an emergency only to those persons qualified to provide emergency medical care. AB 83 provides that in addition to the immunity provided to medical, law en... more

AB 91 Vehicles: DUI: Ignition Interlock Device

ACIC Position: Support
Last ACIC Action: 09/02/2009
Summary: AB 91 requires the Department of Motor Vehicles to establish a five-year pilot program in three counties to require the installation of an ignition interlock device on vehicles owned or operated by all DUI offenders. ACIC supported the bill. Effective date: July 1, 2010.... more

AB 109 Outdoor Advertising

ACIC Position: Support
Last ACIC Action: 04/02/2009
Summary: AB 109 would impose a two-year moratorium on new digital billboards pending the completion of two federal studies on the question of safety. ... more

AB 328 Electronic Transactions: Exceptions

ACIC Position: Support
Last ACIC Action: 08/31/2009
Summary: AB 328 expands the types of insurance transactions that can be handled electronically and also authorizes insurers to pay claims by electronic funds transfer. ACIC was the sponsor of the bill.... more

AB 361 Workers Compensation: Treatment Authorization

ACIC Position: Oppose
Last ACIC Action: 09/22/2009
Summary: AB 361 prohibits an insurer that authorizes medical treatment from rescinding or modifying the authorization after the medical treatment has been provided pursuant to the authorization. The bill specifies that if the authorized medical treatment consists of a series of treatments or services, the insurer may rescind or modify the authorization onl... more

AB 470 Insurance Information Confidential

ACIC Position: Support
Last ACIC Action: 06/30/2009
Summary: AB 470 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 as specified. ... more

AB 519 Consumer Bill of Rights for Towed Vehicles

ACIC Position: Support
Last ACIC Action: 06/30/2009
Summary: AB 519 would require a towing company that charges for towing and storage to post a copy of the towing fees and access notice, which contains specific information regarding a vehicle owner's rights and responsibilities if his or her vehicle is towed. The bill would also require that, prior to receiving payment for towing, recovery or storage-relate... more

AB 615 Workers Compensation

ACIC Position: Support
Last ACIC Action: 04/30/2009
Summary: AB 615 would authorize the administrative director of the Division of Workers Compensation to adopt regulations that define “first-aid” in a manner that is consistent with the OSHA definition of the term.... more

AB 664 Workers Compensation: Hospital Employees: Presumption

ACIC Position: Oppose
Last ACIC Action: 05/15/2009
Summary: AB 664 would create a presumption of compensability for blood-borne infectious diseases, neck and back impairments or methicillin-resistant Staphylococcus Aureus that develops during a person’s employment at a hospital. ... more

AB 879 Workers Compensation: Self-Insurers: Financial Audits

ACIC Position: Support
Last ACIC Action: 05/11/2009
Summary: AB 879 would require a group self-insurer to annually file with the director of the Office of Self- Insured Plans an audited financial statement and an actuarial certification of reserve adequacy. The financial statement and the actuarial certification would be made available to the public. ... more

AB 933 Workers Compensation: Utilization Review

ACIC Position: Oppose
Last ACIC Action: 08/30/2010
Summary: AB 933 would require that a physician who conducts utilization review of an injured worker’s medical treatment to be a California licensed physician. ... more

AB 953 Department of Motor Vehicles: records: confidentiality

ACIC Position: Support
Last ACIC Action: 01/07/2010
Summary: AB 953 would authorize an insurer's agent to obtain an address from the Department of Motor Vehicles for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with the company's insured pursuant to existing state and federal privacy and data security laws.... more

AB 1011 Green Investments

ACIC Position: Support
Last ACIC Action: 07/27/2010
Summary: AB 1011 would establish a tax credit equal to 20% of the amount invested by insurers in “green” investments certified by the Department of Insurance.... more

AB 1140 Diagnostic Imaging Services

ACIC Position: Support
Last ACIC Action: 05/14/2009
Summary: AB 1140 would expressly include an entity that contracts with an insurance company to be responsible for the payment of diagnostic imaging services in the statutory definition of “responsible third-party payer.” ... more

AB 1200 Motor Vehicle Insurance: Direct Repair Programs

ACIC Position: Support
Last ACIC Action: 09/15/2009
Summary: AB 1200 allows insurers to provide automobile insurance claimants with specified truthful and nondeceptive information regarding the services and benefits available to claimants during the claims process. The bill also requires that the written disclosure statement provided by insurers to claimants, when an insurer orally recommends an automobile ... more

AB 1871 Motor vehicle insurance coverage: carsharing

ACIC Position: Oppose
Last ACIC Action: 04/28/2010
Summary: AB 1871 would prohibit a motor vehicle from being classified for insurance purposes as a commercial, for-hire, or permissive use vehicle, or livery solely on the basis of it’s being used for carsharing if the revenue generated by carsharing does not exceed the monthly expenses of operating the vehicle provided that insurance coverage is provided by... more

AB 1994 Hospital Employees: Presumption

ACIC Position: Oppose
Last ACIC Action: 04/14/2010
Summary: AB 1994 would create a presumption that a hospital employee who develops a blood-borne infectious disease or a neck or back impairment has an injury that is covered by workers compensation.... more

AB 2022 Homeowners Insurance Disclosure

ACIC Position: Support
Last ACIC Action: 08/26/2010
Summary: AB 2022 would update and improve the existing residential disclosure act which is provided to homeowners with their homeowners policy. ... more

AB 2111 Service Contracts

ACIC Position: Support
Last ACIC Action: 08/26/2010
Summary: AB 2111 would make several important changes to the law governing the sale of both service contracts and vehicle service contracts. ... more

AB 2284 Jury Trials: Rules of Court

ACIC Position: Support
Last ACIC Action: 08/26/2010
Summary: AB 2284 would establish procedures for conducting expedited jury trials in California.... more

AB 2395 Justified Complaint Investigation

ACIC Position: Support
Last ACIC Action: 04/05/2010
Summary: AB 2395 is designed to streamline the investigation of consumer complaints by ensuring that the complaint receives the proper attention by both the department and the insurer. ... more

AB 2396 Workers Compensation Insurance: Rating Organizations

ACIC Position: Oppose
Last ACIC Action: 07/27/2010
Summary: AB 2396 would require the Workers’ Compensation Insurance Rating Bureau (WCIRB) as the “designated statistical agent” to conduct public meetings and to release specific records to the public. ... more

AB 2404 Insurance

ACIC Position: Oppose
Last ACIC Action: 08/26/2010
Summary: ACIC is opposed to the section which requires disclosure of any cancellation policies, expect pro-rata penalties, prior to the inception of the policy. ... more

AB 2490 Workers Compensation Insurance: Dispute Resolution: Arbitration Clauses

ACIC Position: Oppose
Last ACIC Action: 04/16/2010
Summary: AB 2490 would impose requirements on agreements relating to disputes between employers and workers’ compensation insurers.... more

AB 2593 Workers Compensation: official medical fee schedule

ACIC Position: Oppose
Last ACIC Action: 04/29/2010
Summary: AB 2593 proposes to de-link the state’s official medical fee schedule for pharmacy from the Medi-Cal schedule for pharmacy reimbursement. ... more

AB 2740 Civil Actions: Damages

ACIC Position: Support
Last ACIC Action: 04/28/2010
Summary: AB 2740 would amend California tort law to (1) limit punitive damage awards to an amount equal to treble damages, (2) impose a statutory limit of $250,000 on awards for noneconomic damages, and (3) provide that punitive damages could not be awarded in product liability actions where the product received government approval or met applicable govern... more

AB 2779 Workers Compensation: Compound Medication

ACIC Position: Support
Last ACIC Action: 08/20/2010
Summary: AB 2279 would require that compound medications would only be covered under workers compensation if prior approval has determined the compound medication is medically necessary. ... more

AB 2781 Insurance Guarantee Association

ACIC Position: Support
Last ACIC Action: 06/02/2010
Summary: The California Insurance Guarantee Association (CIGA) was created to protect California insurance consumers from losses arising after an insurance company becomes insolvent. ... more

AB 2782 Insurance Omnibus

ACIC Position: Support
Last ACIC Action: 08/26/2010
Summary: AB 2782 will make several changes in California law to conform with the Producer Licensing Model Act adopted by the National Association of Insurance Commissioners (NAIC).... more

Hide details for [<span class="titleSection">]Senate Bills[</span>]Senate Bills
SB 3 Workers Compensation: Permanent Disability Benefits

ACIC Position: Support
Last ACIC Action: 05/08/2009
Summary: SB 3 would change the amount and the process for paying the supplemental job displacement benefit for injuries occurring on or after Jan. 1, 2010. An employee whose injury causes a permanent partial disability would be eligible for the benefit. The supplemental job displacement benefit would be furnished in the form of a voucher in an amount up t... more

SB 39 Personal Liability Immunity: Disaster Service Workers

ACIC Position: Support
Last ACIC Action: 07/29/2009
Summary: SB 39 clarifies California's "Good Samaritan" law by providing that disaster service workers who perform disaster services during a state of emergency are not liable for civil damages resulting from their acts or omissions, regardless of where the act or omission occurs, unless the disaster service worker's conduct is willful. This immunity would ... more

SB 119 Professional Liability Insurance: Insurers: Bad Faith

ACIC Position: Support
Last ACIC Action: 07/21/2009
Summary: SB 119 extends for two-years the qualified immunity of insurance companies that issue professional liability policies to health care providers for good faith statements regarding notices of nonrenewal.... more

SB 145 Workers Compensation

ACIC Position: Oppose
Last ACIC Action: 08/30/2010
Summary: ACIC is opposed to SB 145 because the bill would add statutory provisions that would foster unfair apportionment determinations.... more

SB 159 Vehicles: Emergency Vehicles

ACIC Position: Support
Last ACIC Action: 07/21/2009
Summary: SB 159 repeals the Jan. 1, 2010, sunset on provisions that require motorists to approach stationary emergency vehicles displaying emergency lights with due caution and to either make a lane change or, if that is not practicable, slow to a reasonable and prudent speed. ... more

SB 226 Identity Theft

ACIC Position: Support
Last ACIC Action: 07/21/2009
Summary: SB 226 provides that where multiple identity thefts involving the same defendants have occurred in multiple locations, jurisdiction for all of the offenses is proper in any county where one of the offenses occurred.... more

SB 350 Aftermarket Parts

ACIC Position: Oppose
Last ACIC Action: 06/15/2010
Summary: ACIC believes that the SB 350 is redundant of existing Department of Insurance regulations and does nothing to enhance the current marketplace for aftermarket parts. ... more

SB 393 Judgments: Interest

ACIC Position: Support
Last ACIC Action: 04/14/2009
Summary: SB 393 would provide that interest on a judgment accrues at the federal short-term rate plus 2%, except as otherwise provided in a written contract, not to exceed 10% per annum. ... more

SB 403 Workers Compensation: Lien Claims

ACIC Position: Support
Last ACIC Action: 04/15/2009
Summary: SB 403 would prohibit a lien claim for medical treatment or for medical-legal expenses from being filed more than one year from the date the health care provider, or the health care provider’s agent, was sent an explanation of benefits or an explanation of review paying or objecting to a bill in whole or in part. ... more

SB 427 Automotive repair: crash parts

ACIC Position: Support
Last ACIC Action: 08/19/2010
Summary: SB 427 is a consumer friendly bill that requires an automotive repair dealer to actually repair and fully restore an airbag that has been damaged in an accident or risk being found guilty of a misdemeanor subject to a fine, imprisonment, or both.... more

SB 627 Catalytic Converters: Junk Dealers and Recyclers

ACIC Position: Support
Last ACIC Action: 09/02/2009
Summary: SB 627 requires recyclers to comply with additional record keeping and identification procedures and new payment restrictions when purchasing catalytic converters. These requirements are identical to those required of junk dealers who purchase other forms of valuable scrap metal. ... more

SB 683 Workers Compensation: Group Self-Insurers: Audits

ACIC Position: Oppose
Last ACIC Action: 04/15/2009
Summary: SB 683 would require a workers compensation group self-insurer to annually file with the director of the Office of Self Insured Plans an audit by an independent, certified public accountant of the financial accounts and records of the group self-insurer.... more

SB 880 Public Safety and Snow Sport Helmets

ACIC Position: Support
Last ACIC Action: 08/30/2010
Summary: The Association of California Insurance Companies (ACIC) supports SB 880 which would mandate the use of helmets in children under the age of 18 who ski and snowboard. ... more

SB 942 State Auditor: Analysis of Regulations

ACIC Position: Support
Last ACIC Action: 04/16/2010
Summary: SB 942 would establish an Economic Analysis Unit within the Office of Administrative Law to review final revised cost estimates of regulations having an estimated cost exceeding $50,000.... more

SB 1087 Identity Theft: Restitution

ACIC Position: Support
Last ACIC Action: 06/21/2010
Summary: ACIC supports SB 1087 which requires a person convicted of the crime of identity theft to pay their victims, as part of their restitution, the costs associated with a credit monitoring service and the costs to repair their credit for a reasonable period of time in order to make the victims whole.... more

SB 1213 Electronic access to claims information

ACIC Position: Oppose
Last ACIC Action: 04/16/2010
Summary: SB 1213 could pose serious problems for the Electronic Adjudication Management System (EAMS). ... more

SB 1242 Insurance: Guarantee Association

ACIC Position: Support
Last ACIC Action: 06/07/2010
Summary: The California Insurance Guarantee Association (CIGA) was created to protect California insurance consumers from losses arising after an insurance company becomes insolvent. ... more

SB 1351 Office of Administrative Law

ACIC Position: Support
Last ACIC Action: 04/08/2010
Summary: SB 1351 would amend the Administrative Procedure Act to revise the definition of "clarity" to add that regulations must include all implementation schedules and forms necessary for the public to comply with the regulation.... more

© 2010 Association of California Insurance Companies | 1415 L St., Suite 670, Sacramento, CA 95814 | 916-449-1370