§ 12903.1. — 12903.1. (Amended by Stats. 2021, Ch. 50, Sec. 242.)

California § 12903.1.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 3.: DIVISION 3. THE INSURANCE COMMISSIONER
• Ch. 1.: CHAPTER 1. Appointment, Qualification, and Offices

Text

(a)
The commissioner may not accept, use, or in any manner benefit from payments or reimbursements made to the department for travel from any of the following:
(1)
A single source that is subject to regulation by the commissioner.
(2)
A private attorney or law firm that is under contract or is bidding on or under consideration for a contract to represent either the department or the commissioner in the commissioner’s official capacity.
(3)
A private attorney or law firm that seeks to be awarded, or has been awarded, advocacy fees under subdivision (b) of Section 1861.10.
(4)
A private attorney or law firm that has a client subject to regulation by the commissioner.
(b)
For purposes of this section, any payment or reimbursement provided by a representative of a person or entity subject to regulation by the commissioner shall be deemed to be provided by the regulated person or entity.
(c)
(1)
The Attorney General or any other person within this state may bring a civil action for the violation of this section. The court may assess a civil penalty in the amount of three times the amount of the unlawful benefit or payment received by the commissioner.
(2)
An action under this subdivision shall be filed within five years of the date on which the violation occurred. If the commissioner engages in fraudulent
concealment, the five-year period shall be tolled for the period of the concealment. For the purposes of this paragraph, “fraudulent concealment” means the commissioner knowingly concealed facts related to the commissioner’s travel expenditures or reimbursements.

Legislative History

Amended by Stats. 2021, Ch. 50, Sec. 242. (AB 378) Effective January 1, 2022.