BILL NUMBER: AB 2883 CHAPTERED
BILL TEXT
CHAPTER 205
FILED WITH SECRETARY OF STATE AUGUST 26, 2016
APPROVED BY GOVERNOR AUGUST 26, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 15, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 28, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Committee on Insurance (Assembly Members Daly
(Chair), Travis Allen, Bigelow, Calderon, Cooley, Cooper, Dababneh,
Frazier, Beth Gaines, Gatto, Gonzalez, and Rodriguez)
FEBRUARY 25, 2016
An act to amend Sections 3351 and 3352 of, and to repeal Section
6354.7 of, the Labor Code, relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2883, Committee on Insurance. Workers' compensation: employees.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, within the Department of Industrial Relations,
to compensate an employee for injuries sustained in the course of
his or her employment.
Existing law defines an employee, for purposes of the laws
governing workers' compensation, to include, among other persons,
officers and members of boards of directors of quasi-public or
private corporations while rendering actual service for the
corporations for pay. Existing law excludes from that definition,
among other persons, officers and directors of a private corporation
who are the sole shareholders of the corporation and working members
of a partnership or limited liability company, as specified, unless
they elect to come under the compensation provisions of the laws
governing workers' compensation.
This bill would revise those exceptions from the definition of an
employee to apply to an officer or member of the board of directors,
as specified, if he or she owns at least 15% of the issued and
outstanding stock of the corporation, or an individual who is a
general partner of a partnership or a managing member of a limited
liability company, and that person elects to be excluded by executing
a written waiver of his or her rights under the laws governing
workers' compensation, stating under penalty of perjury that he or
she is a qualifying officer or director, or a qualifying general
partner or managing member, as applicable. The bill would specify the
effective date of the waivers.
The bill would also make technical and clarifying changes to the
provision excluding specified persons from the definition of
employee.
The bill would also delete obsolete provisions.
Existing law proscribes the crime of perjury.
By expanding the scope of the crime of perjury, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3351 of the Labor Code is amended to read:
3351. "Employee" means every person in the service of an employer
under any appointment or contract of hire or apprenticeship, express
or implied, oral or written, whether lawfully or unlawfully
employed, and includes:
(a) Aliens and minors.
(b) All elected and appointed paid public officers.
(c) All officers and members of boards of directors of
quasi-public or private corporations while rendering actual service
for the corporations for pay. An officer or member of a board of
directors may elect to be excluded from coverage in accordance with
subdivision (p) of Section 3352.
(d) Except as provided in subdivision (h) of Section 3352, any
person employed by the owner or occupant of a residential dwelling
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.
(e) All persons incarcerated in a state penal or correctional
institution while engaged in assigned work or employment as defined
in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of
the California Code of Regulations, or engaged in work performed
under contract.
(f) All working members of a partnership or limited liability
company receiving wages irrespective of profits from the partnership
or limited liability company. A general partner of a partnership or a
managing member of a limited liability company may elect to be
excluded from coverage in accordance with subdivision (q) of Section
3352.
SEC. 2. Section 3352 of the Labor Code is amended to read:
3352. "Employee" excludes the following:
(a) A person defined in subdivision (d) of Section 3351 who is
employed by his or her parent, spouse, or child.
(b) A person performing services in return for aid or sustenance
only, received from any religious, charitable, or relief
organization.
(c) A person holding an appointment as deputy clerk or deputy
sheriff appointed for his or her own convenience, and who does not
receive compensation from the county or municipal corporation or from
the citizens of that county or municipal corporation for his or her
services as the deputy. This exclusion is operative only as to
employment by the county or municipal corporation and does not
deprive that person from recourse against a private person employing
him or her for injury occurring in the course of, and arising out of,
the employment.
(d) A person performing voluntary services at or for a
recreational camp, hut, or lodge operated by a nonprofit
organization, exempt from federal income tax under Section 501(c)(3)
of the Internal Revenue Code, of which he or she or a member of his
or her family is a member and who does not receive compensation for
those services, other than meals, lodging, or transportation.
(e) A person performing voluntary service as a ski patrolman who
does not receive compensation for those services, other than meals or
lodging or the use of ski tow or ski lift facilities.
(f) A person employed by a ski lift operator to work at a snow ski
area who is relieved of, and is not performing any, prescribed
duties, while participating in recreational activities on his or her
own initiative.
(g) A person, other than a regular employee, participating in
sports or athletics who does not receive compensation for the
participation other than the use of athletic equipment, uniforms,
transportation, travel, meals, lodgings, or other expenses incidental
thereto.
(h) A person described in subdivision (d) of Section 3351 whose
employment by the employer to be held liable, during the 90 calendar
days immediately preceding the date of injury, for injuries as
described in Section 5411, or during the 90 calendar days immediately
preceding the date of the last employment in an occupation exposing
the employee to the hazards of the disease or injury, for diseases or
injuries as described in Section 5412, comes within either of the
following descriptions:
(1) The employment was, or was contracted to be, for less than 52
hours.
(2) The employment was, or was contracted to be, for wages of not
more than one hundred dollars ($100).
(i) A person performing voluntary service for a public agency or a
private, nonprofit organization who does not receive remuneration
for the services, other than meals, transportation, lodging, or
reimbursement for incidental expenses.
(j) A person, other than a regular employee, performing
officiating services relating to amateur sporting events sponsored by
a public agency or private, nonprofit organization, who does not
receive remuneration for these services, other than a stipend for
each day of service no greater than the amount established by the
Department of Human Resources as a per diem expense for employees or
officers of the state. The stipend shall be presumed to cover
incidental expenses involved in officiating, including, but not
limited to, meals, transportation, lodging, rule books and courses,
uniforms, and appropriate equipment.
(k) A student participating as an athlete in amateur sporting
events sponsored by a public agency or public or private nonprofit
college, university, or school, who does not receive remuneration for
the participation, other than the use of athletic equipment,
uniforms, transportation, travel, meals, lodgings, scholarships,
grants-in-aid, or other expenses incidental thereto.
( l ) A law enforcement officer who is regularly
employed by a local or state law enforcement agency in an adjoining
state and who is deputized to work under the supervision of a
California peace officer pursuant to paragraph (4) of subdivision (a)
of Section 832.6 of the Penal Code.
(m) A law enforcement officer who is regularly employed by the
Oregon State Police, the Nevada Department of Motor Vehicles and
Public Safety, or the Arizona Department of Public Safety and who is
acting as a peace officer in this state pursuant to subdivision (a)
of Section 830.39 of the Penal Code.
(n) A person, other than a regular employee, performing services
as a sports official for an entity sponsoring an intercollegiate or
interscholastic sports event, or any person performing services as a
sports official for a public agency, public entity, or a private
nonprofit organization, which public agency, public entity, or
private nonprofit organization sponsors an amateur sports event. For
purposes of this subdivision, "sports official" includes an umpire,
referee, judge, scorekeeper, timekeeper, or other person who is a
neutral participant in a sports event.
(o) A person who is an owner-builder, as defined in subdivision
(a) of Section 50692 of the Health and Safety Code, who is
participating in a mutual self-help housing program, as defined in
Section 50087 of the Health and Safety Code, sponsored by a nonprofit
corporation.
(p) An officer or member of the board of directors, as described
in subdivision (c) of Section 3351, if he or she owns at least 15
percent of the issued and outstanding stock of the corporation and
executes a written waiver of his or her rights under this chapter
stating under penalty of perjury that the person is a qualifying
officer or director. The waiver shall be effective upon the date of
receipt and acceptance by the corporation's insurance carrier and
shall remain effective until the officer or member of the board of
directors provides the insurance carrier with a written withdrawal of
the waiver.
(q) An individual who is a general partner of a partnership or a
managing member of a limited liability company who executes a written
waiver of his or her rights under this chapter stating under penalty
of perjury that the person is a qualifying general partner or
managing member. The waiver shall be effective upon the date of
receipt and acceptance by the partnership or limited liability
company's insurance carrier and shall remain effective until the
general partner or managing member provides the insurance carrier
with a written withdrawal of the waiver.
SEC. 3. Section 6354.7 of the Labor Code, as added by Section 84
of Chapter 6 of the Statutes of 2002, is repealed.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.