California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 1040 — Insurance: restitution.

Last action — Chaptered by Secretary of State. Chapter 540, Statutes of 2022.

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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 February 15, 2022. 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 7 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 generally regulates insurance and creates the Department of Insurance, headed by the Insurance Commissioner. 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 also authorizes 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 costs incurred by the department in prosecuting the matter. This bill would authorize the commissioner to seek a judgment to enforce an order for restitution. The bill would authorize the commissioner to order a respondent, if certain requirements are met, to provide restitution, as defined, for a loss arising from the respondent's conduct. With a restitution order, and if the facts and equity permit, the bill would also authorize the commissioner to issue an order of rescission enforceable on any person subject to the commissioner's jurisdiction. The bill would require the rescission or restitution order to be subject to judicial review.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 540, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 73. Noes 0. Page 5954.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 10).

  8. August 3 hearing postponed by committee.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 28). Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 1.) (June 22). Re-referred to Com. on JUD.

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

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

  13. Read third time. Passed. (Ayes 33. Noes 0. Page 3646.) Ordered to the Assembly.

  14. Read second time. Ordered to consent calendar.

  15. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  16. Set for hearing May 2.

  17. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3436.) (April 19). Re-referred to Com. on APPR.

  18. Set for hearing April 19.

  19. Read second time and amended. Re-referred to Com. on JUD.

  20. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 3293.) (March 31).

  21. Set for hearing March 31.

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

  23. From printer.

  24. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

  25. Introduced. Read first time. To Com. on RLS. for assignment. 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

SB 1040 Rubio Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 30002
Unaffiliated 37002
Republican 6003
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Not Voting
Wood — Not Voting
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 7000
Republican 2000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Eduardo Garcia — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 5000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cunningham — Yea
Kiley — Yea
Mark Stone — Yea
Bonta, Mia Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wicks, Buffy Democratic Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 11 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Democratic 5001
Republican 1000
Total 11102
% of votes cast 79%7%0%14%
How each member voted (14)
Member Party Vote
Cooper — Yea
Bigelow — Yea
Rodriguez — Yea
Wood — Yea
Mayes — Yea
Voepel — Nay
Cooley — Not Voting
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Kalra, Ash Democratic Not Voting
Chen, Phillip Republican Yea

Official roll call →

Consent Calendar SB1040

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 20003
Republican 2002
Democratic 11002
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Leyva — Yea
Hueso — Yea
Hertzberg — Yea
Eggman — Yea
Glazer — Yea
Atkins — Yea
Borgeas — Yea
Portantino — Yea
Kamlager — Yea
Min — Yea
Bradford — Yea
Newman — Yea
Gonzalez — Yea
Rubio — Yea
Melendez — Yea
Skinner — Yea
Nielsen — Yea
Dodd — Yea
Wieckowski — Yea
Bates — Yea
Roth — Not Voting
Wilk — Not Voting
Pan — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 4000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Borgeas — Yea
Gonzalez — Yea
Hertzberg — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Democratic 2000
Republican 1000
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Portantino — Yea
Roth — Yea
Hueso — Yea
Rubio — Yea
Dodd — Yea
Bates — Yea
Borgeas — Not Voting
Melendez — Not Voting
Glazer — Not Voting
Archuleta, Bob Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

finance health-insurance
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 SB 1040 do?
Existing law generally regulates insurance and creates the Department of Insurance, headed by the Insurance Commissioner. 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 also authorizes 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 costs incurred by the department in prosecuting the matter. This bill would authorize the commissioner to seek a judgment to enforce an order for restitution. The bill would authorize the commissioner to order a respondent, if certain requirements are met, to provide restitution, as defined, for a loss arising from the respondent's conduct. With a restitution order, and if the facts and equity permit, the bill would also authorize the commissioner to issue an order of rescission enforceable on any person subject to the commissioner's jurisdiction. The bill would require the rescission or restitution order to be subject to judicial review.
Who sponsors SB 1040?
SB 1040 is sponsored by Rubio, Susan (Democratic).
What is the current status of SB 1040?
This bill has been enacted into law. Introduced February 15, 2022. Enacted.
Where can I track SB 1040?
Track SB 1040 free on One Click Politics — get push/email alerts when it moves.

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