Repealed and added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
Chapter 2 - Administration
California Health and Safety Code — §§ 51610-51643.5
Sections (22)
Repealed and added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
Amended by Stats. 2013, Ch. 352, Sec. 381. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.
advisory committees may include, but are not limited to, the Insurance Commissioner or his or her designee, the Director of Housing and Community Development or his or her designee, the Director of the Seismic Safety Commission or his or her designee, and the Director of Emergency Services or his or her designee.
Amended by Stats. 2021, Ch. 615, Sec. 265. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
rates and premiums.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
The state shall not be liable beyond the assets of the insurance fund for any obligations in connection therewith.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
In conducting the business and affairs of the insurance fund, the executive director may do any of the following:
Amended by Stats. 2016, Ch. 32, Sec. 85. (SB 837) Effective June 27, 2016.
calendar year by an independent certified public accountant. A copy of the annual agreed-upon procedures engagement and biennial report shall be transmitted to the Governor, to the chairperson and vice-chairperson of the Senate and Assembly housing policy committees, the Senate and Assembly budget committees, and the Joint Legislative Budget Committee, and made available for review by interested parties no later than November 1 of each year for the annual agreed-upon procedures engagement and November 1 biennially for the program evaluation report.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
Amended by Stats. 2013, Ch. 352, Sec. 382. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.
The agency shall prepare a preliminary budget for the agency’s activities under this part on or before December 1 of each year for the ensuing fiscal year, to be reviewed by the Secretary of Business, Consumer Services and Housing, the Director of Finance, and the Joint Legislative Budget Committee.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
The insurance fund shall be organized as a public enterprise fund.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
The assets of the insurance fund shall be applicable to the payment of losses sustained on account of insurance and to the payment of the salaries and other expenses charged against it in accordance with this part.
Amended by Stats. 2003, Ch. 553, Sec. 5. Effective January 1, 2004.
The agency shall, after a reasonable time during which it may establish a business, be competitive with other insurers, and it is the intent of the Legislature that the insurance fund shall ultimately become neither more nor less than self-supporting. However, this section shall not be construed to preclude the insurance fund from operating in a manner that will permit the agency to create additional reserves from operations in order that the agency can maximize its insurance capacity.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
Claims arising out of activities of the agency on behalf of the insurance fund pursuant to this part are exempted from the provisions of Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
Except as provided in this part, the agency, on behalf of the insurance fund pursuant to this part, shall not be subject to the provisions of the Government Code made applicable to state agencies generally or collectively, unless the section specifically names the fund as an agency to which the provision applies.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
With respect to the administration of the insurance fund, the agency shall be subject to the provisions of Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of, and Division 5 (commencing with Section 18000) of Title 2 of, the Government Code, and any other personnel management provisions in law that are generally applicable to state employees. Notwithstanding subdivision (e) of Section 3513 of the Government Code, up to five positions of the insurance fund of the agency may be designated as managerial under Section 18801.1 of the Government Code. All other position designations in the insurance fund of the agency are subject to Sections 3513 and 18801.1 of the Government Code. In making these designations, consideration shall be given to the agency’s need and continued ability to attract and maintain qualified individuals within the insurance fund.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
The agency shall establish reserve accounts for unearned premiums, losses, and potential catastrophic losses caused by economic cycles. The agency shall not cause sums to be withdrawn from the loan insurance reserve account in amounts which would reduce the moneys therein to less than the insurance reserve requirement, except as necessary to satisfy liabilities arising under contracts of loan insurance. In the event that the loan insurance reserve account is reduced to less than the insurance reserve requirement, the agency shall cease making commitments for, and contracts of, insurance until the loan insurance reserve account has been restored to satisfy that requirement.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
There is hereby continued in existence a bond insurance reserve account in the insurance fund to secure commitments under contracts to insure bonds. The agency shall take all reasonable steps to ensure that the bond reserve account is continuously maintained at not less than the bond reserve requirement. The agency shall not cause sums to be withdrawn from the bond insurance reserve account in amounts which would reduce the moneys therein to less than the bond reserve requirement, except as necessary to satisfy liabilities arising under contracts of bond insurance. In the event that the bond insurance reserve account is reduced to less than the bond reserve requirement, the agency shall cease making contracts of bond insurance until the account has been restored to satisfy that requirement.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
The agency may create other accounts within the insurance fund as it deems are necessary or convenient to carry out the purposes of this part.
Amended by Stats. 2003, Ch. 553, Sec. 6. Effective January 1, 2004.
Added by Stats. 1993, Ch. 115, Sec. 4. Effective July 15, 1993.
The agency shall not be required to pay any tax or assessment on any property owned by the fund or upon the income therefrom.
Amended by Stats. 2003, Ch. 553, Sec. 7. Effective January 1, 2004.