California 2023-2024 Regular Session

California Senate Bill SB1296 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1296Introduced by Senator NielloFebruary 15, 2024 An act to add Article 20 (commencing with Section 1130) to Chapter 1 of Part 2 of Division 1 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 1296, as introduced, Niello. Insurance: judicial interpretation. Under existing law, law is a solemn expression of the will of the supreme power of the state, which is expressed in the state Constitution and in statutes. Existing law sets forth maxims of jurisprudence and provides rules for the interpretation of statutes.This bill would state that a secondary source on insurance is not the law or public policy of the state, and is not authoritative if, among other things, it conflicts with the state Constitution or statutes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 20 (commencing with Section 1130) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read: Article 20. Judicial Interpretation1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:(a) The United States Constitution or the California Constitution.(b) State statutes.(c) The states case law precedent.(d) Other common law adopted by the state.
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3	3	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1296Introduced by Senator NielloFebruary 15, 2024 An act to add Article 20 (commencing with Section 1130) to Chapter 1 of Part 2 of Division 1 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 1296, as introduced, Niello. Insurance: judicial interpretation. Under existing law, law is a solemn expression of the will of the supreme power of the state, which is expressed in the state Constitution and in statutes. Existing law sets forth maxims of jurisprudence and provides rules for the interpretation of statutes.This bill would state that a secondary source on insurance is not the law or public policy of the state, and is not authoritative if, among other things, it conflicts with the state Constitution or statutes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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11	11	Senate Bill
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13	13	No. 1296
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15	15	Introduced by Senator NielloFebruary 15, 2024
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17	17	Introduced by Senator Niello
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20	20	An act to add Article 20 (commencing with Section 1130) to Chapter 1 of Part 2 of Division 1 of the Insurance Code, relating to insurance.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	SB 1296, as introduced, Niello. Insurance: judicial interpretation.
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28	28	Under existing law, law is a solemn expression of the will of the supreme power of the state, which is expressed in the state Constitution and in statutes. Existing law sets forth maxims of jurisprudence and provides rules for the interpretation of statutes.This bill would state that a secondary source on insurance is not the law or public policy of the state, and is not authoritative if, among other things, it conflicts with the state Constitution or statutes.
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30	30	Under existing law, law is a solemn expression of the will of the supreme power of the state, which is expressed in the state Constitution and in statutes. Existing law sets forth maxims of jurisprudence and provides rules for the interpretation of statutes.
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32	32	This bill would state that a secondary source on insurance is not the law or public policy of the state, and is not authoritative if, among other things, it conflicts with the state Constitution or statutes.
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34	34	## Digest Key
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36	36	## Bill Text
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38	38	The people of the State of California do enact as follows:SECTION 1. Article 20 (commencing with Section 1130) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read: Article 20. Judicial Interpretation1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:(a) The United States Constitution or the California Constitution.(b) State statutes.(c) The states case law precedent.(d) Other common law adopted by the state.
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40	40	The people of the State of California do enact as follows:
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42	42	## The people of the State of California do enact as follows:
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44	44	SECTION 1. Article 20 (commencing with Section 1130) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read: Article 20. Judicial Interpretation1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:(a) The United States Constitution or the California Constitution.(b) State statutes.(c) The states case law precedent.(d) Other common law adopted by the state.
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46	46	SECTION 1. Article 20 (commencing with Section 1130) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read:
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48	48	### SECTION 1.
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50	50	Article 20. Judicial Interpretation1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:(a) The United States Constitution or the California Constitution.(b) State statutes.(c) The states case law precedent.(d) Other common law adopted by the state.
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52	52	Article 20. Judicial Interpretation1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:(a) The United States Constitution or the California Constitution.(b) State statutes.(c) The states case law precedent.(d) Other common law adopted by the state.
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54	54	Article 20. Judicial Interpretation
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56	56	Article 20. Judicial Interpretation
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58	58	1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:(a) The United States Constitution or the California Constitution.(b) State statutes.(c) The states case law precedent.(d) Other common law adopted by the state.
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62	62	1130. A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:
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64	64	(a) The United States Constitution or the California Constitution.
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66	66	(b) State statutes.
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68	68	(c) The states case law precedent.
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70	70	(d) Other common law adopted by the state.