-2-possession or knowledge relating to insurance policies issued to slaveholders thatprovided coverage for damage to or death of their slaves.13813. Descendants of slaves, whose ancestors were defined as private property,dehumanized, divided from their families, forced to perform labor withoutappropriate compensation or benefits, and whose ancestors' owners werecompensated for damages by insurers, are entitled to full disclosure.
II.IMPLEMENTATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE
A.Notice to InsurersThe legislation was effective on January 1, 2001. On January 3, 2001, the Department began theprocess of implementing the provisions of the statute through the process of adding 2393
to the California Code of Regulations.The Department issued a Notice to Insurers regarding “Slaveholder Insurance Law.” The Noticeset forth in relevant part, that CIC sections 13810
took effect on January 1, 2001 and thatthe statute required insurers to provide information to the Department regarding slaveholderinsurance policies together with any names of slaves and slaveholders in their possession. TheNotice also indicated that the Department would hold hearings in order to gather public commentregarding the proposed regulation to implement the statute.B.
RulemakingOn January 26, 2001, the Department issued public notice that hearings would be held in LosAngeles on March 13, 2001 and in San Francisco on March 16, 2001. The hearings, as requiredby the Government Code, were to consider and take public comment regarding the proposedregulation to implement the statute concerning the collection and reporting of informationregarding insurer records of slaveholder insurance policies issued by California insurers and anyof their predecessor corporations during the slavery era, which policies provided coverage toslaveholders for damage to, or death of, their slaves.The rulemaking process consisted of the January 26, 2001, publication of Notice of the PublicHearings as well as simultaneous mailing of the Notice along with a document setting forth theInitial Statement of Reasons for promulgation of the regulation and the text of the proposedregulation.
These regulatory documents were mailed to all California property and casualtyand life insurance companies, a statutorily mandated list of persons requesting notice of allDepartment regulatory actions, and to a list of interested parties. January 26, 2001, marked thebeginning of the 45-day public comment period wherein the Department solicited andconsidered comments from the public on the proposed regulation.
Statutory requirements for agency rulemaking are contained in California Government Code sections 11346