Bill Text: CA AB1565 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Research and development tax credit areas.

Spectrum: Slight Partisan Bill (Democrat 11-6)

Status: (Engrossed - Dead) 2010-06-23 - In committee: Placed on REV. & TAX. suspense file. [AB1565 Detail]

Download: California-2009-AB1565-Amended.html

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BILL NUMBER: AB 1565	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Committee on Insurance (Coto (Chair), Garrick (Vice
Chair), Blakeslee, Charles Calderon, Carter, Feuer, Hayashi, Nava,
Niello, and Torres)

                        MARCH 12, 2009

   An act to amend  Section 100   Sections
779.11, 1765, and 11659  of the Insurance Code, relating to
insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1565, as amended, Committee on Insurance. Insurance.
   Existing law  divides insurance into specified classes of
insurance   regulates insurance, as specified  .
   This bill would  include homeowner's insurance as a class
of insurance   make technical, nonsubstantive changes to
specified provisions regulating insurance  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 779.11 of the  
Insurance Code   is amended to read: 
   779.11.  The provisions of subdivisions  (d) and (e)
  (f) and (g)  of Section 10291.5 shall be
applicable to the withdrawal of the approval of forms, whether of
life or disability insurance, required by this article to be filed
with or approved by the commissioner.
   SEC. 2.    Section 1765 of the   Insurance
Code   is amended to read: 
   1765.  (a) A license under this chapter shall be applied for and
renewed by the filing with the commissioner of a written application
therefor, in accordance with Section 1652.
   (b) Subject to subdivision (f), the commissioner shall issue a
license authorizing any applicant who is trustworthy and competent to
transact an insurance brokerage business in a manner as to safeguard
the interest of the insured, to act as a surplus line broker from
the date of the license until the expiration date specified in
Section 1630.
   (c) An applicant for a surplus line broker's license shall, as
part of the application and a condition of the issuance of the
license, file a bond to the people of the State of California in the
sum of fifty thousand dollars ($50,000), conditioned that the
licensee will fully and faithfully comply with the requirements of
this chapter, and all applicable provisions of this code. The bond
shall be subject to Sections 1662 and 1663. A surplus line broker
bond is not required for an individual licensed as a surplus line
broker who only transacts on behalf of a licensed surplus line broker
organization.
   (d) The filing fee for a license to act as a surplus line broker
shall be one thousand dollars ($1,000) every two years, or for any
initial fractional license year. For an individual licensed as a
surplus line broker who only transacts on behalf of a surplus line
broker organization, the filing fee shall be five hundred dollars
($500) every two years, or for any initial fractional license year.
Every applicant for a business entity license, as provided in
subdivision (a) of Section 1765.2, shall provide the names of all
persons who may exercise the power and perform the duties under the
license. Whenever an organization licensed as a surplus line broker
desires to change, remove, or add to the natural person or persons
who are to transact insurance under authority of its license, it
shall immediately file an application or notice with the commissioner
for an endorsement changing its license accordingly, on a form
prescribed by the commissioner. The fee for adding or removing from
any surplus line broker's license issued to an organization the name
of any natural person, named thereon, shall be twenty-four dollars
($24). The commissioner shall require that the qualifying examination
provided by subdivision (a) of Section 1676 be taken by any natural
person named by the organization to exercise its agency or brokerage
powers who would be required to take and pass the qualifying
examination. That natural person or persons and the organization are
in all other respects subject to the provisions of this chapter and
the insurance laws.
   (e) The department is authorized to collect additional license
fees resulting from the increases in  licensee  
license  fees provided by  the act that adds this
subdivision   Chapter 29 of the Statutes of 2008 
and shall credit any overpayment resulting from reductions in license
fees provided by that act.
   (f) A business entity licensed under this chapter shall provide
two hours of appropriate training to its employees who solicit,
negotiate, or effect insurance coverage placed by a nonadmitted
insurer. The training shall be given to each eligible employee every
five years. The surplus line advisory organization authorized
pursuant to Chapter 6.1 (commencing with Section 1780.50) shall
develop the curriculum for the training.
   (g) The license shall be renewed in accordance with, and subject
to, Sections 1717, 1718, 1719, and 1720.
   (h) The commissioner may deny, suspend, or revoke any license
applied for or granted pursuant to this chapter on all or any one of
the grounds and in accordance with the procedures provided in Article
6 (commencing with Section 1666) and Article 13 (commencing with
Section 1737) of Chapter 5, whenever the commissioner finds that the
applicant or licensee has committed a violation of any provision of
this code.
   SEC. 3.    Section 11659 of the   Insurance
Code   is amended to read: 
   11659.   Such   The  approved form of
policy, limited pursuant to Section 11657, shall not be otherwise
limited except by  indorsement   endorsement
 thereon in accordance with a form prescribed by the
commissioner or in accordance with rules adopted by the commissioner.
 Such indorsement   The endorsement  form
shall not be subject to Section 11658. Before prescribing 
such indorsement   the endorsement  form or
adopting  such   a  rule, the commissioner
shall consult concerning it with the Workers' Compensation Appeals
Board. 
  SECTION 1.    Section 100 of the Insurance Code is
amended to read:
   100.  Insurance in this state is divided into the following
classes:
   (1) Life.
   (2) Fire.
   (3) Marine.
   (4) Title.
   (5) Surety.
   (6) Disability.
   (7) Plate glass.
   (8) Liability.
   (9) Workmen's compensation.
   (10) Common carrier liability.
   (11) Boiler and machinery.
   (12) Burglary.
   (13) Credit.
   (14) Sprinkler.
   (15) Team and vehicle.
   (16) Automobile.
   (17) Mortgage.
   (18) Aircraft.
   (19) Mortgage guaranty.
   (19.5) Insolvency.
   (19.6) Legal insurance.
   (19.7) Homeowner's insurance.
   (20) Miscellaneous.