California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 1398 — Annuities: cash surrender benefits.

Last action — Chaptered by Secretary of State - Chapter 228, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 17, 2017. 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 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 governs annuities and, for those insurance contracts that provide cash surrender benefits, prescribes the cash surrender benefit available prior to maturity. Existing law also requires the death benefit under these contracts to be at least equal to the cash surrender benefit. Existing law requires, with exceptions, that no contract of annuity be delivered or issued for delivery in this state unless it contains, in substance, specified provisions, or corresponding provisions that in the opinion of the commissioner are at least as favorable to the contractholder, upon cessation of payment of considerations under the contract. This bill, among other things, would require the insurer, for an individual annuity contract issued on or after January 1, 2019, to return to the owner all moneys due for annuity contracts that are surrendered by the contract owner as expeditiously as possible after the request for surrender is received, as defined, but no later than 45 days from the date of surrender, as specified. The bill would authorize insurers to require that a request to surrender a contract be in writing and contain various elements, including, the contract number of the contract and the name, address, and telephone number of the contract owner, on the contract to be surrendered. The bill would also authorize the insurer to require the contract owner to complete an administrative form, as provided, as part of the surrender process, and would require the surrender be processed and all moneys due be returned within 30 days from the effective date of the surrender if the contract owner completes and submits the administrative form within 14 days of the surrender request. The bill would require a contract to include language or be accompanied by a notice setting forth the permitted requirements for a surrender of the contract, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 228, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2789.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2128.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (July 12).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on I., B. & F.I.

  10. Referred to Com. on I., B. & F.I.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1787.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 13. Noes 0.) (May 3).

  15. Re-referred to Com. on INS.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  17. Referred to Com. on INS.

  18. From printer. May be heard in committee March 21.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 54004
Democratic 14001
Republican 5001
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Gray — Yea
Frazier — Yea
Bocanegra — Yea
Rubio — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Yea
McCarty — Not Voting
Gonzalez Fletcher — Not Voting
Melendez — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Steinorth — Yea
Voepel — Yea
Waldron — Not Voting
Wood — Yea
Gloria — Yea
Low — Yea
Chau — Yea
Mayes — Yea
Medina — Yea
Chu — Yea
Rodriguez — Yea
Thurmond — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Moorlach — Yea
Newman — Yea
Cannella — Yea
Dodd — Yea
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Atkins — Yea
Mitchell — Yea
Allen — Yea
Hueso — Yea
De León — Yea
Portantino — Yea
Leyva — Yea
Bradford — Yea
Mendoza — Not Voting
Monning — Yea
Morrell — Yea
Nielsen — Not Voting
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10003
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hueso — Not Voting
Lara — Yea
Mendoza — Yea
Morrell — Yea
Newman — Yea
Roth — Yea
Portantino — Not Voting
Mitchell — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting

Official roll call →

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 55002
Democratic 16000
Republican 6001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Eggman — Not Voting
Burke — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Levine — Yea
Low — Yea
Gray — Yea
Mayes — Yea
Bocanegra — Yea
Chu — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Rubio — Yea
Friedman — Yea
Gomez — Yea
Harper — Yea
Holden — Yea
Kiley — Yea
McCarty — Yea
Chau — Not Voting
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 3000
Republican 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Melendez — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Voepel — Yea
Bigelow — Yea
Frazier — Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1398 do?
Existing law governs annuities and, for those insurance contracts that provide cash surrender benefits, prescribes the cash surrender benefit available prior to maturity. Existing law also requires the death benefit under these contracts to be at least equal to the cash surrender benefit. Existing law requires, with exceptions, that no contract of annuity be delivered or issued for delivery in this state unless it contains, in substance, specified provisions, or corresponding provisions that in the opinion of the commissioner are at least as favorable to the contractholder, upon cessation of payment of considerations under the contract. This bill, among other things, would require the insurer, for an individual annuity contract issued on or after January 1, 2019, to return to the owner all moneys due for annuity contracts that are surrendered by the contract owner as expeditiously as possible after the request for surrender is received, as defined, but no later than 45 days from the date of surrender, as specified. The bill would authorize insurers to require that a request to surrender a contract be in writing and contain various elements, including, the contract number of the contract and the name, address, and telephone number of the contract owner, on the contract to be surrendered. The bill would also authorize the insurer to require the contract owner to complete an administrative form, as provided, as part of the surrender process, and would require the surrender be processed and all moneys due be returned within 30 days from the effective date of the surrender if the contract owner completes and submits the administrative form within 14 days of the surrender request. The bill would require a contract to include language or be accompanied by a notice setting forth the permitted requirements for a surrender of the contract, as specified.
Who sponsors AB 1398?
AB 1398 is sponsored by Kalra, Ash (Democratic).
What is the current status of AB 1398?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1398?
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