BILL NUMBER: SB 2199 CHAPTERED
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
APPROVED BY GOVERNOR SEPTEMBER 29, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 7, 2000
AMENDED IN SENATE MAY 16, 2000 AMENDED IN SENATE MAY 2, 2000
INTRODUCED BY Senator Hayden
(Coauthor: Assembly Member Aroner)
MARCH 16, 2000
An act to add Chapter 5 (commencing with Section 13810) toDivision 3 of the Insurance Code, relating to insurance.
LEGISLATIVE COUNSEL'S DIGEST
SB 2199, Hayden. Slavery era insurance policies.
Existing law requires an insurer doing business in this state thatsold certain policies of insurance directly or through a relatedcompany to persons in Europe between 1920 and 1945 to provide certaininformation to the Insurance Commissioner for entry into theHolocaust Era Insurance Registry, as specified.
This bill would require the commissioner to request and obtaininformation from insurers doing business in this state regarding anyrecords of slaveholder insurance policies issued by any predecessorcorporation during the slavery era, which policies provided coverageto slaveholders for damage to or death of their slaves. This billwould require insurers to research and report on these policies, andwould require the commissioner to make this information available tothe public and the Legislature. This bill would state thatdescendants of slaves are entitled to full disclosure.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of thefollowing:
(a) Insurance policies from the slavery era have been discoveredin the archives of several insurance companies, documenting insurancecoverage for slaveholders for damage to or death of their slaves,issued by a predecessor insurance firm. These documents provide thefirst evidence of ill-gotten profits from slavery, which profits inpart capitalized insurers whose successors remain in existence today.
(b) Legislation has been introduced in Congress for the past 10years demanding an inquiry into slavery and its continuing legacies.
(c) The Insurance Commissioner and the Department of Insurance areentitled to seek information from the files of insurers licensed anddoing business in this state, including licensed Californiasubsidiaries of international insurance corporations, regardinginsurance policies issued to slaveholders by predecessorcorporations. The people of California are entitled to significanthistorical information of this nature. SEC. 2. Chapter 5 (commencing with Section 13810) is added toDivision 3 of the Insurance Code, to read:
CHAPTER 5. SLAVERY ERA INSURANCE POLICIES
13810. The commissioner shall request and obtain information frominsurers licensed and doing business in this state regarding anyrecords of slaveholder insurance policies issued by any predecessorcorporation during the slavery era.
13811. The commissioner shall obtain the names of anyslaveholders or slaves described in those insurance records, andshall make the information available to the public and theLegislature.
13812. Each insurer licensed and doing business in this stateshall research and report to the commissioner with respect to anyrecords within the insurer's possession or knowledge relating toinsurance policies issued to slaveholders that provided coverage fordamage to or death of their slaves.
13813. Descendants of slaves, whose ancestors were defined asprivate property, dehumanized, divided from their families, forced toperform labor without appropriate compensation or benefits, andwhose ancestors' owners were compensated for damages by insurers, areentitled to full disclosure.