AB 2802 — Insurance payments: interception.

Summary

Existing law creates the Department of Child Support Services and provides for the interception of funds from state tax refunds, lottery winnings, unemployment compensation benefits, and benefits under the Public Employees' Retirement System that otherwise would be paid to a person owing past due child support. Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the department's powers and duties. This bill would, beginning January 1, 2020, require an insurer to cooperate with the Department of Child Support Services to identify claimants who are also obligors who owe past-due child support, and to report those claimants to the department. The bill would require an insurer to identify and report a claimant if his or her claim seeks an economic benefit, as defined, but would exempt specified economic benefits, including a payment to the mortgagee or lienholder of the property or a payment from an accelerated death benefit, and would limit withholding from a qualifying disability insurance payment to 50% of the claim for the benefits. The bill would require an insurer to comply with the requirements of a notice from the Department of Child Support Services that a reported insurance claim is payable to an obligor who owes past-due child support, unless the notice is received after the insurer has paid the claim. The bill would provide that an insurer, specified agent, specified insured, and a central reporting organization, as defined, that releases information in accordance with this bill, withholds payments, as specified, and makes disbursements, as specified, is immune from liability under certain circumstances. The bill would also require that the data obtained by the department, or by an insurer or its designated agent, only be used for the purpose of identifying claimants who are also obligors who owe past-due child support, and would specify that various laws protecting the privacy and security of data apply. The bill would authorize an insurer to use a central reporting organization to automate its claims identifying process, and would require an insurer that does not use a central reporting organization to determine if a claimant owes past-due child support before paying a claim, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

• Chaptered 09/17/18 - Chaptered Current pdf September 17, 2018
• Enrolled 08/31/18 - Enrolled pdf August 31, 2018
• Amended 08/22/18 - Amended Senate pdf August 22, 2018
• Amended 07/03/18 - Amended Senate pdf July 03, 2018
• Amended 06/18/18 - Amended Senate pdf June 18, 2018
• Amended 04/18/18 - Amended Assembly pdf April 18, 2018
• Amended 03/22/18 - Amended Assembly pdf March 22, 2018
• Introduced 02/16/18 - Introduced pdf February 16, 2018
• AB2802 View text html

Action History

1. September 17, 2018

   Chaptered by Secretary of State - Chapter 439, Statutes of 2018.

2. September 17, 2018

   Approved by the Governor.

3. September 07, 2018

   Enrolled and presented to the Governor at 2:30 p.m.

4. August 29, 2018

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 2. Page 6791.).

5. August 29, 2018

   Assembly Rule 77 suspended. (Page 6773.)

6. August 28, 2018

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

7. August 28, 2018

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5892.).

8. August 23, 2018

   Read second time. Ordered to third reading.

9. August 22, 2018

   Read third time and amended. Ordered to second reading.

10. August 17, 2018

    Read second time. Ordered to third reading.

11. August 17, 2018

    From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

12. August 06, 2018

    In committee: Referred to APPR. suspense file.

13. July 03, 2018

    Read second time and amended. Re-referred to Com. on APPR.

14. July 02, 2018

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 27).

15. June 27, 2018

    From committee: Do pass and re-refer to Com. on INS. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on INS.

16. June 18, 2018

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

17. June 07, 2018

    Referred to Coms. on JUD. and INS.

18. May 31, 2018

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 30, 2018

    Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 3. Page 5485.)

20. May 25, 2018

    Read second time. Ordered to third reading.

21. May 25, 2018

    From committee: Do pass. (Ayes 15. Noes 1.) (May 25).

22. May 09, 2018

    In committee: Set, first hearing. Referred to APPR. suspense file.

23. April 19, 2018

    Re-referred to Com. on APPR.

24. April 18, 2018

    Read second time and amended.

25. April 17, 2018

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 17).

26. April 04, 2018

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 0.) (April 4). Re-referred to Com. on JUD.

27. April 02, 2018

    Re-referred to Com. on INS.

28. March 22, 2018

    From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

29. March 15, 2018

    Referred to Coms. on INS. and JUD.

30. February 17, 2018

    From printer. May be heard in committee March 19.

31. February 16, 2018

    Read first time. To print.

Sponsors

• Friedman · Primary

Votes

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