Amended
IN
Senate
June 14, 2021 |
Amended
IN
Assembly
May 03, 2021 |
Amended
IN
Assembly
April 20, 2021 |
Introduced by Committee on Insurance (Coauthor: Senator Rubio) |
February 19, 2021 |
(2)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 authorizes an investigator of the department’s Investigations Bureau, as well as specified employees of other state agencies, to arrest a person with a warrant, or without a warrant if specified circumstances occur, including that the person has committed a felony.
This bill would additionally authorize 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 its prosecutorial costs. The bill would authorize an investigator of the department’s Investigations Bureau, as well as specified employees of other state agencies,
to exercise additional powers of a peace officer, including the authority to make a declaration of probable cause to receive a warrant and to make a sworn declaration for the basis of a temporary restraining order.
(3)
(4)
(5)Existing law requires an insurer to deliver or mail to the named insured an offer of renewal or a notice of nonrenewal of a residential property insurance policy at least 45 days before the policy expiration, or 75 days before the policy expiration for a notice of nonrenewal for a policy that expires on or after July 1, 2020.
Existing law provides that mailing a specified notice is complete when the notice is deposited in a facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, and addressed to the person at the last address that person provided to the person mailing the notice. Existing law extends the time period in which a person has a right or duty to respond to that mailed notice by 5 calendar days if the place of mailing or the recipient’s address is within California, 10 calendar days if the place of mailing or the recipient’s address is
outside of California but within the United States, or 20 calendar days if the place of mailing or the recipient’s address is outside of the United States.
On and after July 1, 2022, this bill would provide that the above-described mailing requirements and extended response time periods apply to a timely offer of renewal or notice of nonrenewal of a residential property insurance.
(6)
(7)
(c)The Department of Insurance shall submit to the Legislature by January 31, 2019, a report that assesses the benefit and risk of the State Compensation Insurance Fund’s equities investment history by measuring the volatility and total return of the State Compensation Insurance Fund’s investment portfolio with and without equities. The report shall be submitted pursuant to Section 9795 of the Government Code.
(d)
(a)The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Sections 817 and 836, paragraph (1) of subdivision (f) of Section 186.11, and paragraph (1) of subdivision (b) of Section 1275.1 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if they receive a course in the exercise of those powers pursuant to Section 832. The authority and powers of the persons designated under this section extend to any place in the state:
(1)A person employed by the Department of Business Oversight designated by the Commissioner of Business Oversight, provided that
the person’s primary duty is the enforcement of, and investigations relating to, the provisions of law administered by the Commissioner of Business Oversight.
(2)A person employed by the Bureau of Real Estate designated by the Real Estate Commissioner, provided that the person’s primary duty is the enforcement of the laws set forth in Part 1 (commencing with Section 10000) and Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code. The Real Estate Commissioner may designate a person under this section who, at the time of that person’s designation, is assigned to the Special Investigations Unit, internally known as the Crisis Response Team.
(3)A person employed by the State Lands Commission designated by the executive officer, provided that the
person’s primary duty is the enforcement of the law relating to the duties of the State Lands Commission.
(4)A person employed as an investigator of the Investigations Bureau of the Department of Insurance, who is designated by the Chief of the Investigations Bureau, provided that the person’s primary duty is the enforcement of the Insurance Code and other laws relating to persons and businesses, licensed and unlicensed by the Department of Insurance, who are engaged in the business of insurance.
(5)A person employed as an investigator or investigator supervisor by the Public Utilities Commission, who is designated by the commission’s executive director and approved by the commission, provided that the person’s primary duty is the enforcement of the law as that duty is
set forth in Section 308.5 of the Public Utilities Code.
(6)(A)A person employed by the State Board of Equalization, Investigations Division, who is designated by the board’s executive director, provided that the person’s primary duty is the enforcement of laws administered by the State Board of Equalization.
(B)A person designated pursuant to this paragraph is not entitled to peace officer retirement benefits.
(7)A person employed by the Department of Food and Agriculture and designated by the Secretary of Food and Agriculture as an investigator, investigator supervisor, or investigator manager, provided that the person’s primary duty is enforcement of, and investigations relating to, the Food
and Agricultural Code or Division 5 (commencing with Section 12001) or Division 10 (commencing with Section 26000) of the Business and Professions Code.
(8)The Inspector General and those employees of the Office of the Inspector General designated by the Inspector General, provided that the person’s primary duty is the enforcement of the law relating to the duties of the Office of the Inspector General.
(b)Notwithstanding any other law, a person designated pursuant to this section may not carry a firearm.
(c)A person designated pursuant to this section shall be included as a “peace officer of the state” under paragraph (2) of subdivision (c) of Section 11105 for the purpose of receiving state summary criminal
history information and shall be furnished that information on the same basis as other peace officers designated in paragraph (2) of subdivision (c) of Section 11105.