California 2011-2012 Regular Session Status: Enacted

SB 131 — Insurance: surplus line brokers: statement of business transacted.

Last action — Chaptered by Secretary of State. Chapter 302, Statutes of 2011.

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

This bill has been enacted into law. Introduced January 27, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires, on or before the first day of March of each year, the surplus line broker to file with the Insurance Commissioner a sworn statement of all business transacted under his or her surplus line license during the last preceding calendar year. "Business done" or "business transacted" under a surplus line broker's license means all insurance regarding which that surplus line broker is required to file a confidential written report with the commissioner or the commissioner's designee, as provided. Existing law further provides that if 2 or more persons licensed as surplus line brokers are involved in placing an insurance policy, only the one responsible for negotiating, effecting the placement, remitting the premium to the nonadmitted insurer to its representatives, and filing the confidential written report is considered transacting under his or her surplus line broker's license. This bill would specify that the sworn statement filing requirements apply to surplus line brokers placing business for a home state insured. The bill would require that the information in the sworn statement be expanded to include the total amount of gross premium, the total gross premium for single state risks where 100% of the premium is attributable to risks in California, and for multistate risks, the percentage of gross premium allocated to California and each other state. The bill would require that the sworn statement filing also apply to a home state insured that directly procures insurance with a nonadmitted insurer. The bill would authorize the commissioner to waive or modify any of the foregoing requirements by public notice published on the department's Internet Web site. The bill would change the definition of "business done" or "business transacted" to mean all insurance business conducted by a surplus line broker for a home state insured or directly procured by the home state insured. The bill would require that when 2 or more licensed surplus line brokers are involved in placing a policy, only the one responsible for filing the confidential written report, as specified, would be considered transacting business for tax purposes, and only one licensed surplus broker would be required to include the policy in his or her sworn statement. The surplus line broker required to include the policy in his or her sworn statement would be either the one responsible for negotiating, effecting the placement, remitting the premium to the nonadmitted insurer or its representatives, and filing the confidential written report, or the one surplus line broker delegated the responsibility for the filing of the confidential written report pursuant to a written agreement, as provided.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 302, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2153.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2595.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  9. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 11. Noes 0.) (June 22).

  13. Referred to Com. on INS.

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

  15. Read third time. Passed. (Ayes 38. Noes 0. Page 1139.) Ordered to the Assembly.

  16. Read second time and amended. Ordered to third reading.

  17. From committee: Do pass as amended. (Ayes 8. Noes 0.) (May 11).

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS.

  19. Set for hearing May 11.

  20. Re-referred to Com. on INS.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  22. Referred to Com. on RLS.

  23. From printer. May be acted upon on or after February 27.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Calderon

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB131 Gaines Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Hernandez — Yea
Lieu — Yea
Walters — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Corbett — Yea
Runner — Not Voting
Fuller — Yea
Kehoe — Yea
Anderson — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Not Voting
Huff — Yea
Leno — Yea
Liu — Yea
Simitian — Yea
Cannella — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 131 Gaines Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Yamada — Yea
Garrick — Yea
Halderman — Yea
Hill — Yea
Hueso — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Atkins — Yea
Butler — Yea
Logue — Yea
Campos — Yea
Portantino — Yea
Mendoza — Yea
Miller — Yea
Ammiano — Yea
Bradford — Yea
Cedillo — Yea
Chesbro — Yea
Donnelly — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Allen — Yea
Fuentes — Yea
Furutani — Yea
Fong — Yea
Fletcher — Yea
Galgiani — Yea
Bonilla — Not Voting
Gatto — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Huffman — Yea
Beall — Yea
Block — Yea
Conway — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Williams — Yea
Carter — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Nielsen — Yea
Campos — Yea
Donnelly — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Norby — Yea
Wagner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 0001
Republican 1000
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Hagman — Yea
Carter — Yea
Hayashi — Yea
Miller — Yea
Olsen — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Skinner — Yea
Feuer — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Runner — Yea
Blakeslee — Yea
Huff — Yea
Liu — Yea
Steinberg — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Fuller — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Anderson — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Pavley — Yea
Simitian — Not Voting
Vargas — Yea
Wright — Yea
Lieu — Yea
Price — Yea
Walters — Yea
Wyland — Yea
Emmerson — Not Voting
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Wyland — Yea
Lowenthal — Not Voting
Anderson — Yea
Corbett — Yea
Price — Yea
Lieu — Yea
Correa — Yea
Beth Gaines — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

finance healthcare
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Frequently asked questions

What does SB 131 do?
Existing law requires, on or before the first day of March of each year, the surplus line broker to file with the Insurance Commissioner a sworn statement of all business transacted under his or her surplus line license during the last preceding calendar year. "Business done" or "business transacted" under a surplus line broker's license means all insurance regarding which that surplus line broker is required to file a confidential written report with the commissioner or the commissioner's designee, as provided. Existing law further provides that if 2 or more persons licensed as surplus line brokers are involved in placing an insurance policy, only the one responsible for negotiating, effecting the placement, remitting the premium to the nonadmitted insurer to its representatives, and filing the confidential written report is considered transacting under his or her surplus line broker's license. This bill would specify that the sworn statement filing requirements apply to surplus line brokers placing business for a home state insured. The bill would require that the information in the sworn statement be expanded to include the total amount of gross premium, the total gross premium for single state risks where 100% of the premium is attributable to risks in California, and for multistate risks, the percentage of gross premium allocated to California and each other state. The bill would require that the sworn statement filing also apply to a home state insured that directly procures insurance with a nonadmitted insurer. The bill would authorize the commissioner to waive or modify any of the foregoing requirements by public notice published on the department's Internet Web site. The bill would change the definition of "business done" or "business transacted" to mean all insurance business conducted by a surplus line broker for a home state insured or directly procured by the home state insured. The bill would require that when 2 or more licensed surplus line brokers are involved in placing a policy, only the one responsible for filing the confidential written report, as specified, would be considered transacting business for tax purposes, and only one licensed surplus broker would be required to include the policy in his or her sworn statement. The surplus line broker required to include the policy in his or her sworn statement would be either the one responsible for negotiating, effecting the placement, remitting the premium to the nonadmitted insurer or its representatives, and filing the confidential written report, or the one surplus line broker delegated the responsibility for the filing of the confidential written report pursuant to a written agreement, as provided.
Who sponsors SB 131?
SB 131 is sponsored by Calderon and Beth Gaines.
What is the current status of SB 131?
This bill has been enacted into law. Introduced January 27, 2011. Enacted.
Where can I track SB 131?
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