Bill Text: CA AB1950 | 2023-2024 | Regular Session | Amended
Bill Title: Task force: former Chavez Ravine property: eminent domain: compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-09 - Read second time and amended. Re-referred to Com. on APPR. [AB1950 Detail]
Download: California-2023-AB1950-Amended.html
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Wendy Carrillo |
January 29, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law generally regulates insurance and creates the Department of Insurance, headed by the Insurance Commissioner. Existing law authorizes the commissioner to bring a superior court action to enjoin a person who is violating or about to violate the Insurance Code. Existing law also authorizes the commissioner to apply to the clerk of the superior court for a judgment to enforce an order requiring a person to pay a monetary penalty or reimburse the department for costs incurred by the department in prosecuting the matter.
Existing law authorizes the commissioner to order a respondent, if certain requirements are met, to provide restitution, as defined, for a loss arising from the respondent’s conduct. With a restitution order, and if facts and equity permit, existing law also authorizes the commissioner to issue an order of rescission
enforceable on any person subject to the commissioner’s jurisdiction.
This bill would make a technical, nonsubstantive change to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 16.5 (commencing with Section 7278) is added to Division 7 of Title 1 of the Government Code, to read:CHAPTER 16.5. Chavez Ravine Community
7278.
(a) (1) The following provisions set forth in this chapter apply to all 315 acres of land in the Chavez Ravine community acquired by the City of Los Angeles, including the Housing Authority of the City of Los Angeles’ acquisition through eminent domain, coercive means, and land conveyed to private entities to construct a sports stadium.7278.1.
(a) A person may bring a private right of action against the city in a court of competent jurisdiction to enforce this chapter in accordance with the requirements of this section. A private right of action may be brought only on behalf of former residents or descendants of Chavez Ravine who were not compensated pursuant to the process established in subdivision (a) of Section 7278.SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 4.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unusual circumstances surrounding the land ownership and tenant rights on land known as Chavez Ravine.SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)The commissioner may order a respondent to provide restitution for a loss arising from the respondent’s conduct. If facts and equity permit, with a restitution order, the commissioner may issue an order of rescission enforceable on any person subject to the commissioner’s jurisdiction.
(b)A restitution order under this section shall meet all of the following requirements:
(1)The respondent shall be subject to the commissioner’s jurisdiction.
(2)The restitution order shall be ancillary to another proceeding authorized by this code in which the commissioner does
both of the following:
(A)Determines the respondent violated this code or the standards of conduct applicable to persons acting in the capacity the respondent was acting in or purporting to act in when the loss occurred.
(B)Issues an order imposing a cease and desist order, an order for a monetary penalty, or another sanction with respect to the respondent’s conduct.
(3)The restitution order shall cite the factual basis for the restitution order.
(4)The restitution order shall state the persons, or classes of persons, who suffered a loss.
(5)The restitution order shall state the
amount to be paid or property to be returned as restitution.
(c)A rescission or restitution order shall be subject to judicial review in the same manner and at the same time as the order to which it is ancillary.
(d)A rescission or restitution order may be judicially enforced in an action brought by the commissioner, the Attorney General, a district attorney, a city attorney, or any person owed restitution pursuant to the order. In that action, the court may award attorney’s fees and court costs to a prevailing plaintiff.
(e)This section does not apply to an insurer authorized to transact business in this state or to a placement of insurance with an insurer that was in compliance with Section 1765.1 or 1765.2 at
the time of the placement. This section does not apply to a person with respect to acts within the scope of a license issued under Chapter 5 (commencing with Section 1621), Chapter 5A (commencing with Section 1759), or Chapter 6 (commencing with Section 1760) of Part 2 if the person holds that license at the time of those acts or at the time an initial pleading seeking restitution is issued.
(f)The commissioner may order a respondent who is ordered to provide restitution pursuant to this section to reimburse the commissioner for the commissioner’s costs of implementing and enforcing this section, including attorney’s fees. The commissioner shall not credit any funds received from a respondent towards payment of a monetary penalty until restitution has been tendered to all persons to whom restitution is owed, or to the commissioner on their
behalf, as required by a restitution order.
(g)This section does not limit or restrict actions, remedies, or procedures otherwise available to the commissioner, the department, or any person pursuant to an administrative or civil action to enforce any law. It is not a defense in an administrative or civil action that the commissioner did not order a person to pay restitution.
(h)This section does not expand, limit, or otherwise affect the commissioner’s authority to seek or to have sought restitution, refunds, or penalties against insurers, except as expressly provided.
(i)As used in this section, “restitution” means the full amount that will compensate each person for their direct and indirect financial and
nonfinancial losses proximately caused by the respondent’s violations.
(j)Money received by the commissioner for distribution to persons as restitution pursuant to this section or Section 12928.6 or 12976 shall be deposited into the Insurance Fund.