California 2017-2018 Regular Session Status: Enacted 2 D cosponsors

SB 824 — Insurers: declared disaster: homeowners' insurance policies.

Last action — Chaptered by Secretary of State. Chapter 616, Statutes of 2018.

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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 03, 2018. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 9 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

(1) Existing law requires an insurer to comply with certain procedures relating to the cancellation of insurance policies, except as specified, in the case of a total loss to the primary insured structure under a residential policy. Among other requirements, an insurer may not cancel coverage while the primary insured structure is being rebuilt, as specified, nor use the fact that the primary insured structure is in damaged condition as a result of the total loss as the sole basis for a decision to cancel the policy, and must offer, at least once, to renew the policy, as specified, if the total loss to the primary insured structure was caused by a disaster. This bill would prohibit, subject to certain exceptions, an insurer from canceling or refusing to renew a policy of residential property insurance for one year after the declaration of a state of emergency based solely on the fact that the insured structure is located in an area in which a wildfire has occurred, with respect to an insured property located within or adjacent to the fire perimeter, as specified. (2) Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the department's and commissioner's powers and duties. Existing law authorizes the commissioner to require reports from insurers concerning risks and solvency, and authorizes the commissioner to impose civil penalties for failure to submit reports or data to the commissioner. Under existing law, the acts and orders of the commissioner are subject to a court's review or other action. This bill would require an admitted insurer with written California premiums above a specified threshold to submit a report with specified fire risk information on its residential property policies to the commissioner on or before April 1, 2020, and every 2 years thereafter. The bill would require the commissioner to post a report on wildfire risk compiled from the submitted data to the department's Internet Web site every 2 years. The bill would authorize the commissioner to specify the manner of submission and the format of the report submitted by the insurer and would authorize the commissioner to grant a submission extension to an insurer. The bill would subject an admitted insurer that fails to submit a report to a civil penalty to be fixed by the commissioner, not to exceed $5,000, or $10,000 if the act was willful, and would specify the appeals process. The bill would provide that fire risk information submitted to the commissioner is confidential and not subject to subpoena, as specified. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) This bill would incorporate additional changes to Section 675.1 of the Insurance Code proposed by SB 894 to be operative only if this bill and SB 894 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 616, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5935.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 6709.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 17. Noes 0.) (August 15).

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 26).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 20). Re-referred to Com. on JUD.

  14. Referred to Coms. on INS. and JUD.

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

  16. Read third time. Passed. (Ayes 27. Noes 5. Page 4343.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 1. Page 4297.) (May 25).

  19. Set for hearing May 25.

  20. May 22 hearing: Placed on APPR. suspense file.

  21. Set for hearing May 22.

  22. Read second time and amended. Re-referred to Com. on APPR.

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 4884.) (April 25).

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

  25. Set for hearing April 25.

  26. April 11 set for first hearing canceled at the request of author.

  27. Set for hearing April 11.

  28. Re-referred to Com. on INS.

  29. Re-referred to Com. on RLS.

  30. Withdrawn from committee.

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

  32. From printer. May be acted upon on or after February 3.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 2 voted No

Sponsors (1)

  • Lara

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Cannella — Yea
Delgado — Yea
Dodd — Yea
Fuller — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Galgiani — Yea
De León — Yea
Chang — Yea
Hernandez — Yea
Bates — Yea
Beall — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
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 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 5001
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Chau — Yea
Cooper — Yea
Medina — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Acosta — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Gloria — Yea
Gray — Yea
Holden — Yea
Rubio — Yea
Rivas — Yea
Kamlager-Dove — Yea
Kiley — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — 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
Gabriel, Jesse 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 Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Eggman — Yea
Chau — Yea
Fong — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Nazarian — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democratic 3000
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Kiley — Not Voting
Chau — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Cunningham — Not Voting
Mark Stone — Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Passed 8 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 5003
Democratic 3001
Republican 0001
Total 8005
% of votes cast 62%0%0%38%
How each member voted (13)
Member Party Vote
Chu — Yea
Frazier — Yea
Daly — Yea
Cooley — Yea
Cooper — Yea
Harper — Not Voting
Bigelow — Not Voting
Mayes — Not Voting
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Not Voting

Official roll call →

Passed 27 Yea · 5 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 23407
Democratic 4100
Total 27507
% of votes cast 69%13%0%18%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Not Voting
Beall — Yea
Bradford — Yea
Hernandez — Yea
Leyva — Yea
Moorlach — Not Voting
Newman — Yea
Pan — Yea
Roth — Yea
Wilk — Not Voting
Fuller — Not Voting
Galgiani — Yea
Cannella — Yea
Portantino — Yea
Allen — Yea
Dodd — Yea
Atkins — Yea
Mitchell — Yea
De León — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Monning — Yea
Morrell — Nay
Nielsen — Not Voting
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Bradford — Yea
Hill — Yea
Nielsen — Nay
Lara — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Lara — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Roth — Yea
Mitchell — Yea
Portantino — Yea
Glazer — Yea
Hernandez — Yea
Hueso — Yea
Lara — Yea
Moorlach — Not Voting
Morrell — Not Voting
Newman — Yea
Galgiani — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does SB 824 do?
(1) Existing law requires an insurer to comply with certain procedures relating to the cancellation of insurance policies, except as specified, in the case of a total loss to the primary insured structure under a residential policy. Among other requirements, an insurer may not cancel coverage while the primary insured structure is being rebuilt, as specified, nor use the fact that the primary insured structure is in damaged condition as a result of the total loss as the sole basis for a decision to cancel the policy, and must offer, at least once, to renew the policy, as specified, if the total loss to the primary insured structure was caused by a disaster. This bill would prohibit, subject to certain exceptions, an insurer from canceling or refusing to renew a policy of residential property insurance for one year after the declaration of a state of emergency based solely on the fact that the insured structure is located in an area in which a wildfire has occurred, with respect to an insured property located within or adjacent to the fire perimeter, as specified. (2) Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the department's and commissioner's powers and duties. Existing law authorizes the commissioner to require reports from insurers concerning risks and solvency, and authorizes the commissioner to impose civil penalties for failure to submit reports or data to the commissioner. Under existing law, the acts and orders of the commissioner are subject to a court's review or other action. This bill would require an admitted insurer with written California premiums above a specified threshold to submit a report with specified fire risk information on its residential property policies to the commissioner on or before April 1, 2020, and every 2 years thereafter. The bill would require the commissioner to post a report on wildfire risk compiled from the submitted data to the department's Internet Web site every 2 years. The bill would authorize the commissioner to specify the manner of submission and the format of the report submitted by the insurer and would authorize the commissioner to grant a submission extension to an insurer. The bill would subject an admitted insurer that fails to submit a report to a civil penalty to be fixed by the commissioner, not to exceed $5,000, or $10,000 if the act was willful, and would specify the appeals process. The bill would provide that fire risk information submitted to the commissioner is confidential and not subject to subpoena, as specified. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) This bill would incorporate additional changes to Section 675.1 of the Insurance Code proposed by SB 894 to be operative only if this bill and SB 894 are enacted and this bill is enacted last.
Who sponsors SB 824?
SB 824 is sponsored by Dodd, Allen, Benjamin (Democratic), Hill, Lara, McGuire, Mike (Democratic), and Skinner.
What is the current status of SB 824?
This bill has been enacted into law. Introduced January 03, 2018. Enacted.
Where can I track SB 824?
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