BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                  AB 1050|
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                       THIRD READING
                              

Bill No:  AB 1050
Author:   Wright (D)
Amended:  9/1/99 in Senate
Vote:     27

  
  SENATE INSURANCE COMMITTEE  :  5-1, 7/14/99
AYES:  Escutia, Figueroa, Johnston, Leslie, Schiff
NOES:  Speier
NOT VOTING:  Hughes, Johnson, Lewis, Sher

  SENATE INSURANCE COMMITTEE  :  8-0, 8/18/99
AYES:  Speier, Escutia, Figueroa, Hughes, Johnston, Leslie,  
  Schiff, Sher
NOT VOTING:  Johnson, Lewis


  ASSEMBLY FLOOR  :  68-5, 6/1/99 - See last page for vote

  SENATE APPROPRIATIONS COMMITTEE  : 10-3, 8/30/99
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Karnette,  
  Leslie, McPherson, Perata, Vasconcellos
NOES: Johnson, Kelley, Mountjoy
 

  SUBJECT  :    Insurance:  fraudulent claims

  SOURCE  :     Author

 
  DIGEST  :    This bill enacts the Organized Crime Prevention  
and Victim Protection Act of 1999 which increases funding  
for, and imposes additional requirements related to,  
prevention of auto insurance fraud.
                                                 CONTINUED





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  ANALYSIS  :    Existing law:

 1.  Creates State Department of Insurance's (DOI) Bureau  
    of Fraudulent Claims (now the Fraud Division), which  
    investigates cases of insurance fraud reported by  
    insurers and administers local grant programs to  
    district attorneys to prosecute automobile insurance  
    fraud.

 2.  Sets an annual fee to be paid by insurers of $1 per  
    insured vehicle to fund the investigation and  
    prosecution of auto insurance fraud, which is  
    distributed by the IC to DOI, the California Highway  
    Patrol and the district attorneys to investigate and  
    prosecute automobile insurance fraud.

 3.  Creates within the Bureau of Fraudulent Claims an  
    advisory committee on auto insurance fraud.

 4.  Provides that any interested person may bring a civil  
    action for insurance fraud and provides that the person  
    shall receive 15 to 25 percent of the proceeds of the  
    settlement if the prosecuting authority proceeds with  
    the case; if the prosecuting authority declines to  
    proceed, the person is eligible to receive 25 to 30  
    percent of the proceeds from the settlement.

This bill:

 1.  Provides that civil penalties are for each fraudulent  
    claim presented to an insurance company by a defendant  
    being sued for the civil penalties.

 2.  Additionally increases the amount of proceeds of a  
    settlement given to insurers bringing an action for  
    fraud in three ways:

    A.    Gives insurers 30 percent to 40 percent of a  
      settlement if a district attorney (DA) or the  
      commissioner proceeds with an action originally  
      brought by an insurer, and there is a settlement.   
      The current range given to insurers in these  
      circumstances is 15 percent to 25 percent.







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    B.    Gives insurers 40 to 50 percent of a settlement  
      that is obtained by an insurer, after the DA and  
      commissioner decline to proceed.  The current range  
      is 25 percent to 30 percent.

 3.  Creates a statute of limitation of eight years from  
    the date of the fraud.

 4.  Requires a DA to notify the State Department of Motor  
    Vehicles (DMV) of any criminal complaint alleging auto  
    insurance fraud, and requires specified notice of the  
    complaint to the victims and affected insurers.  States  
    the legislative intent of this section of the bill to  
    have retroactive effect to insurance claims or actions  
    existing on 1/1/2000.

 5.  Requires that insurers not surcharge policyholders if  
    there's no evidence the policyholder was involved in  
    the fraud, and requires a rebate of any premium  
    surcharges levied on the policy of a victim of auto  
    fraud when auto accidents allegedly caused by fraud  
    have triggered the insurance surcharges.

 6.  Requires the commissioner to conduct a fiscal audit  
    every three years of fraud programs funded by the  
    existing annual $1 per policy levy, with the costs of  
    the audit shared by the commissioner and the district  
    attorney.

    Allows the Insurance Commissioner to discontinue  
    distributions of funds allocated to counties determined  
    to be unable or unwilling to investigate and prosecute  
    auto insurance fraud claims.

 7.  Establishes, until January 1, 2007, between three to  
    six grants to be given to DAs for the purpose of  
    prosecuting and eliminating organized auto fraud  
    activity, as defined, in their jurisdictions, and  
    permits more than one DA to apply under a single grant.

    Would fund the grants through an additional fee of 50  
    cents per auto policy per year to be paid by insurers,  
    with a sunset on this fee of January 1, 2007.







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    In awarding the grants, the Commissioner will consider  
    each county's level of general criminal activity,  
    population density, automobile insurance claims  
    frequency, number of suspected fraudulent claims, and  
    prior and current evidence of organized automobile  
    fraud activity.

    Grants priority to counties with the potential to have  
    the greatest impact on organized auto fraud activity.   
    Continued funding of a grant shall be contingent upon a  
    grantee's successful performance as determined by an  
    annual review by the commissioner.  Any redirection of  
    grant funds is to be made only for good cause.   
    Requires the State Department of California Highway  
    Patrol "to submit to the commissioner, for  
    informational purposes only, an annual report on its  
    expenditure of funds in the same format as is required  
    of grantees under the bill."

    Splits the fee giving 42.5 percent to the district  
    attorney, 42.5 percent to the Bureau of Fraudulent  
    Claims and 15 percent to the California Department of  
    Highway Patrol.

 8.  Requires DOI investigators to be assigned to work with  
    a grantee.

 9.  Requires the commissioner to adopt emergency  
    regulations to establish the criteria under which  
    grants will be awarded.  The criteria would be:  1)  
    suggested ratios of investigator's attorneys that the  
    commissioner believes would result in an effective use  
    of funds given grants anticipated to be made; 2)  
    allowable percentages and types of administrative  
    expenses; 3) benchmarks suitable for measuring  
    objectives in a grant; 4) standard data and reporting  
    formats for reports; and 5) any other criteria deemed  
    by the commissioner to be necessary to efficiently and  
    effectively administer the program.

 10. Establishes the act as the Organized Crime Prevention  
    and Victim Protection Act of 1999, and makes various  
    findings relative to insurance fraud rings and their  







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    impact upon the public.

  Background
  
The State Department of Insurance Fraud Division was  
initially established in 1978.  During the initial 10 years  
of the Fraud Division's existence, its investigators were  
able to develop good cases, but often found district  
attorneys unable to devote resources to their prosecution.   
After several years of increasing problems in prosecuting  
automobile insurance fraud, 1988 legislation provided a  
means to increase enforcement resources.  SB 2344 (Lockyer)  
created an insurer assessment and directed a portion of the  
funds collected to district attorneys for fraud  
prosecution.  The initial assessment was $0.30 per insured  
vehicle, raised to $0.50 per vehicle in 1990 and raised  
again to $1 per vehicle in 1991.

In 1994 legislation changed the formula for distributing  
the funds collected to provide limited funding to the  
California Highway Patrol, and 1997 legislation eliminated  
the Automobile Insurance Claims Depository and directed  
those funds to the Fraud Division to enhance auto fraud  
investigations.  The annual $1 per vehicle assessment  
collects between $16 and $18 million.  Currently, the Fraud  
Division has eight offices statewide and 34 district  
attorney offices participate in the program.  Since the  
implementation of the local assistance program in 1990 for  
district attorneys, the annual number of prosecutions is  
now more than four times the number documented for the  
entire previous decade.  
  
  FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
Local:  Yes

  SUPPORT  :   (Verified  9/1/99)

Allstate Insurance Company
Association of California Insurance Companies
Personal Insurance Federation of California

  ARGUMENTS IN SUPPORT  :    The author introduced this bill to  
address four different, yet related, issues in the area of  
automobile insurance fraud prosecution.  First, it makes  







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technical changes to ensure the $1 per vehicle insurer  
surcharge is properly spent.  Second, it corrects problems  
in the law that result in innocent victims of auto fraud  
being "surcharged" by insurance companies and having points  
added to their DMV record.  Third, it provides through an  
increased insurer assessment for a focused program directed  
against auto fraud rings in urban areas that represent the  
biggest portion of auto fraud claims.  Finally, in the case  
of civil prosecutions of insurance fraud, increases the  
proceeds that go to the insurer who has brought a civil  
action.  Since the insurer has done the work on the case,  
the author believes it should be eligible to the proceeds.   
The author also believes this provision will encourage more  
insurers to pursue civil actions.

  ASSEMBLY FLOOR  :  68-5, 6/1/99
AYES: Aanestad, Ackerman, Alquist, Aroner, Bates, Battin,  
  Baugh, Bock, Briggs, Calderon, Campbell, Cardenas,  
  Cardoza, Cedillo, Corbett, Correa, Cox, Cunneen, Davis,  
  Ducheny, Dutra, Firebaugh, Florez, Floyd, Frusetta,  
  Gallegos, Havice, Hertzberg, Honda, House, Jackson,  
  Keeley, Knox, Kuehl, Lempert, Leonard, Longville,  
  Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni,  
  Migden, Nakano, Olberg, Oller, Robert Pacheco, Papan,  
  Pescetti, Romero, Runner, Scott, Shelley, Soto,  
  Steinberg, Strickland, Strom-Martin, Thomson, Torlakson,  
  Vincent, Washington, Wayne, Wesson, Wildman, Wright,  
  Zettel, Villaraigosa
NOES:  Ashburn, Dickerson, Leach, McClintock, Thompson
NOT VOTING:  Baldwin, Brewer, Granlund, Kaloogian, Rod  
  Pacheco, Reyes, Wiggins

DLW:kb  9/1/99   Senate Floor Analyses 

               SUPPORT/OPPOSITION:  SEE ABOVE

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