Bill Text: CA AB2397 | 2019-2020 | Regular Session | Amended
Bill Title: Unemployment and disability compensation.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-06-25 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. [AB2397 Detail]
Download: California-2019-AB2397-Amended.html
|
Amended
IN
Senate
June 25, 2020 |
|
Amended
IN
Assembly
May 04, 2020 |
| Introduced by Committee on Insurance (Assembly Members Daly (Chair), Mayes (Vice Chair), Berman, Bigelow, Calderon, Chen, Cooley, Cooper, Frazier, Gipson, Kamlager, Voepel, and Wood) |
February 18, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires every employer, except the state, to secure the payment of workers’ compensation as provided by law. Existing law authorizes an employer to insure against liability through insurers duly authorized to write compensation insurance in the state. Under existing law, an employer includes the owner or occupant of a residential dwelling who hires a person whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. Existing law requires a policy providing comprehensive personal liability insurance issued or renewed after January 1, 1977, to contain a provision for coverage against liability for workers’ compensation for the employee of an owner or occupant of a residential dwelling, unless another valid, collectible workers’ compensation insurance policy exists
for that liability.
This bill would authorize an owner or occupant of a residential dwelling to include their workers’ compensation coverage in a policy of homeowners’ insurance issued by a nonadmitted insurer.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
(a)Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(1)By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation
insurance in this state.
(2)By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to the employer’s employees.
(3)For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers’ compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers’ compensation claims properly, and to pay workers’ compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state
that, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers’ compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702.
(b)Notwithstanding paragraph (1) of subdivision (a), if a nonadmitted insurer issues a policy of homeowners’ insurance, workers’ compensation coverage may be included in the policy to the extent required by Section 11590 of the Insurance Code.
(c)For purposes of this section, “state”
includes the superior courts of California.
