Today's Law As Amended

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AB-1363 Workers’ compensation insurance: rating organizations: statistical agent.(2011-2012)



SECTION. 1

 Section 11751.5 of the Insurance Code is amended to read:

(a)  The commissioner, after notice and hearing, may promulgate reasonable rules and statistical plans, which may be modified from time to time and which shall be used thereafter in the recording and reporting by insurers of their loss and expense experience in order that the experiences of all insurers may be made available in such form and detail as may be necessary to aid the commissioner in administering the provisions of Article 2 (commencing with Section 11730). 
11751.5.
 (b)  The commissioner, after notice and hearing, may promulgate reasonable rules and statistical plans, which may be modified from time to time and which shall be used thereafter in the recording and reporting by insurers of their loss and expense experience in order that the experiences of all insurers may be made available in such form and detail as may be necessary to aid the commissioner in administering the provisions of Article 2 (commencing with Section 11730). The commissioner  commissioner  shall designate a rating organization licensed under this article as his or her statistical agent to gather and compile such experience statistics and all licensed rating organizations shall report the experience of their members to such designated rating organization. Subject to reasonable rules approved by the commissioner, such the  designated rating organization shall make such those  experience statistics, when compiled, available to all licensed rating organizations and may make a reasonable charge to other rating organizations for the expense incurred by it in combining, tabulating and compiling the experience of all workers’ compensation insurers.
11751.5.
 (c) (1) The commissioner shall not designate a rating organization as his or her statistical agent unless that rating organization agrees to comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), with regard to those activities that are associated with its role as the commissioner’s statistical agent.
(2) Notwithstanding Section 11753.1, any dispute arising between the commissioner’s designated rating organization and any party seeking to enforce the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) or the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall be resolved in a court of competent jurisdiction, and the commissioner shall not be obligated to defend or represent the designated rating organization in those proceedings.
(3) As the commissioner’s statistical agent, the designated rating organization shall not release any information or communications, pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) or the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), determined to be confidential pursuant to any provision of this code.