Assembly committee advances bill to stop misclassification of social service workers as commercial drivers

Assemblymember Ortega’s AB 8 15 moved out of the Assembly Committee on Insurance to the Appropriations Committee after an aye vote. The bill would clarify that social service workers who use personal vehicles while providing care are not to be treated as commercial drivers under personal auto insurance policies.

Supporters say the change is intended to prevent claim denials and sharply higher premiums that are driving direct support professionals from the field. "Social service workers who use their personal vehicles while caring for an individual with mental, physical, and behavioral health conditions are being misclassified by their auto insurance companies as drivers of commercial or for-hire vehicles," Assemblymember Ortega said during the hearing.

AB 8 15’s backers said misclassification can force workers to cancel coverage, forgo using their cars while fighting a claim, decline clients, or leave the industry. Miriam Padilla Burke, director of programs for Options for All, said her nonprofit serves more than 1,800 clients and employs over 400 direct support professionals. "An integral part of what we do ... is our staff pick up clients from the home and take them out," Burke told the committee, adding that some staff have been forced out of the field and others have had claims denied following accidents.

Evelyn Shabard, government affairs director for the California Disability Services Association, gave an example she said was typical: a long‑time direct support professional who reported a minor crash and was told her claim was denied because the insurer categorized her driving as commercial use. "This was emotionally and financially stressful for me," the witness’s submitted testimony said.

Several provider and advocacy groups—California Disability Services Association, California Behavioral Health Association, California Mentor, and the Association of Regional Center Agencies—registered support at the hearing. No lead opposition witnesses appeared in the committee room.

The committee placed AB 8 15 on the consent calendar and recorded it as passed to Appropriations; the roll calls later showed the bill proceeding out of committee with a recorded outcome of 17–0.

If enacted, the bill would direct insurers and regulators to treat covered social service driving as noncommercial for the purposes of personal auto policies; the bill text and any implementing regulations would define the scope of that protection.

Assemblymember Ortega asked the committee for an "eyeball" (voice) vote; committee staff later recorded the roll and certified the bill’s referral.

Votes and immediate next steps: AB 8 15 was moved to the Appropriations Committee; committee records show the motion passed on the floor roll call and the committee left the roll open briefly before certifying the final tally.