California 2009-2010 Regular Session Status: To Executive

SB 397 — Life insurance.

Last action — Stricken from Senate file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law regulates the sale of life insurance to seniors, including annuities, as specified. Existing law requires a person who meets with a senior in the senior's home regarding the sale of life insurance to deliver a notice in writing to the senior no less than 24 hours prior to that individual's meeting, and to abide by other restrictions regarding contacting the senior in the senior's home. This bill would specify that the above notice could be provided at the time of the meeting in the senior's home and that the other provisions do not apply if the meeting concerns the sale of life insurance designated by the purchaser as payment for funeral and burial expenses, the life insurance policy has an initial face amount of $15,000 or less, the policy provides a "free look" period in which the purchaser has 60 days to cancel the policy and be refunded payments made, and the seller is licensed, as specified. The bill would require the issuer of one of these policies exempted from the provisions requiring 24-hour advance notice and related requirements to provide a written notice of the purchase and the 60-day right of cancellation with specified content to the senior and certain other persons, except as specified. (2) Existing law provides that life insurance policies with a face value of less than $10,000, issued after July 1, 1974, shall contain a notice permitting the return of the policy within a period of time designated in the notice, which may not be less than 10 or more than 30 days. Existing law requires that, if the policy is returned, all premiums paid and any policy fee paid for the policy be refunded to the owner. This bill would provide that a life insurance policy with a face value of $15,000 or less, issued after January 1, 2010, shall contain a notice permitting the return of the policy within not less than 10 days nor more than 30 days, provided that for a policy relating to funeral and burial expenses described in (1) above, if certain notice requirements are not met, the right of return shall last 60 days. The bill would require that a refund of premiums and any policy fee be made not later than 30 days after the date that the insurer is notified that the insured has canceled the policy.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 11 a.m.

  5. Senate concurs in Assembly amendments. (Ayes 33. Noes 1. Page 2373.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 77. Noes 0. Page 3062.) To Senate.

  8. Assembly Rule 69(d) suspended. (Page 2890.)

  9. (Corrected September 2.)

  10. Read third time. Amended. (Page 2861.) To third reading.

  11. From Consent Calendar to third reading.

  12. Read second time. To Consent Calendar.

  13. (Heard in committee on August 19.)

  14. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  15. Read second time. Amended. Re-referred to Com. on APPR.

  16. (Heard in committee on July 8.)

  17. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 10. Noes 0.)

  18. To Com. on INS.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 32. Noes 3. Page 1107.) To Assembly.

  21. Read second time. To third reading.

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  23. Set for hearing May 18.

  24. Read second time. Amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 699.)

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  28. Set for hearing April 29.

  29. Hearing postponed by committee.

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  31. Set for hearing April 15.

  32. To Com. on B., F. & I.

  33. From print. May be acted upon on or after March 28.

  34. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Calderon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB397 Calderon Concurrence

Passed 34 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32105
Democratic 1001
Republican 1000
Total 34106
% of votes cast 83%2%0%15%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Oropeza — Not Voting
Alquist — Nay
Ashburn — Yea
Benoit — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Not Voting
Wright — Yea
Aanestad — Yea
Huff — Yea
Kehoe — Not Voting
Maldonado — Yea
Price — Yea
Walters — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

SB 397 Calderon Senate Third Reading By TORRICO

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Republican 3000
Democratic 2001
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Hall — Yea
Eng — Yea
Carter — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Not Voting
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Duvall — Yea
Adams — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Conway — Yea
Harkey — Yea
Hill — Yea
Miller — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 1000
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Carter — Yea
Garrick — Yea
Charles — Yea
Hayashi — Yea
Nava — Not Voting
Anderson — Yea
Solorio — Yea
Torres — Yea
Feuer — Yea
Calderon, Lisa Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Senate 3rd Reading SB397 Calderon

Passed 33 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 30304
Democratic 2000
Republican 1000
Total 33304
% of votes cast 83%8%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Hancock — Yea
Correa — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Cedillo — Not Voting
Ducheny — Not Voting
Walters — Yea
Wolk — Nay
Aanestad — Yea
Alquist — Nay
Benoit — Yea
Hollingsworth — Yea
Leno — Yea
Maldonado — Yea
Simitian — Not Voting
Wiggins — Not Voting
Wright — Yea
Wyland — Yea
Corbett — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 9 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Democratic 3000
Total 9201
% of votes cast 75%17%0%8%
How each member voted (12)
Member Party Vote
Cogdill — Yea
Florez — Yea
Harman — Yea
Kehoe — Nay
Runner — Not Voting
Liu — Yea
Wolk — Nay
Correa — Yea
Cox — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

finance health-insurance
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Frequently asked questions

What does SB 397 do?
(1) Existing law regulates the sale of life insurance to seniors, including annuities, as specified. Existing law requires a person who meets with a senior in the senior's home regarding the sale of life insurance to deliver a notice in writing to the senior no less than 24 hours prior to that individual's meeting, and to abide by other restrictions regarding contacting the senior in the senior's home. This bill would specify that the above notice could be provided at the time of the meeting in the senior's home and that the other provisions do not apply if the meeting concerns the sale of life insurance designated by the purchaser as payment for funeral and burial expenses, the life insurance policy has an initial face amount of $15,000 or less, the policy provides a "free look" period in which the purchaser has 60 days to cancel the policy and be refunded payments made, and the seller is licensed, as specified. The bill would require the issuer of one of these policies exempted from the provisions requiring 24-hour advance notice and related requirements to provide a written notice of the purchase and the 60-day right of cancellation with specified content to the senior and certain other persons, except as specified. (2) Existing law provides that life insurance policies with a face value of less than $10,000, issued after July 1, 1974, shall contain a notice permitting the return of the policy within a period of time designated in the notice, which may not be less than 10 or more than 30 days. Existing law requires that, if the policy is returned, all premiums paid and any policy fee paid for the policy be refunded to the owner. This bill would provide that a life insurance policy with a face value of $15,000 or less, issued after January 1, 2010, shall contain a notice permitting the return of the policy within not less than 10 days nor more than 30 days, provided that for a policy relating to funeral and burial expenses described in (1) above, if certain notice requirements are not met, the right of return shall last 60 days. The bill would require that a refund of premiums and any policy fee be made not later than 30 days after the date that the insurer is notified that the insured has canceled the policy.
Who sponsors SB 397?
SB 397 is sponsored by Calderon.
What is the current status of SB 397?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 397?
Track SB 397 free on One Click Politics — get push/email alerts when it moves.

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