BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1050| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 1050 Page 2 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. AB 1050 Page 3 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. AB 1050 Page 4 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 AB 1050 Page 5 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 AB 1050 Page 6 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 **** END ****