BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1117
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1117 (Fuentes)
          As Amended  June 28, 2009
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |73-0 |(May 14, 2009)  |SENATE: |34-0 |(July 9, 2009) |
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           Original Committee Reference:    INS.  

           SUMMARY  :  Clarifies that a board member of the State  
          Compensation Insurance Fund (SCIF) is not disqualified by virtue  
          of a conflict of interest from considering issues before the  
          board due to the fact that the board member is a policyholder or  
          employee of a policyholder of SCIF.  

           The Senate amendments  recast the clarifying language contained  
          in the Assembly-passed version to more precisely limit  
          application of the bill to SCIF Board consideration of  
          ratemaking matters.

           EXISTING LAW  : 

          1)Establishes SCIF as a public enterprise fund for the purpose  
            of transacting workers' compensation insurance.  SCIF is  
            required to be fairly competitive with other insurers and is  
            directed to be self-supporting.  SCIF is administered by an  
            11-member board of directors, 9 of whom are appointed by the  
            Governor.  

          2)Requires that one of the board members be a SCIF policyholder,  
            or officer or employee of a SCIF policyholder, and does not  
            prohibit other board members from being policyholders.

          3)Provides that no person who has an interest in any transaction  
            with SCIF is eligible to be a board member, and makes  
            specified conflict of interest laws applicable to board  
            members.

          4)Provides that SCIF board members must have experience in  
            positions involving workers' compensation, legal, investment,  
            financial, corporate governance and management, accounting or  
            auditing responsibilities with entities of sufficient size as  
            to make their qualifications relevant to an enterprise of the  








                                                                  AB 1117
                                                                  Page  2

            financial and operational size of SCIF.

           FISCAL EFFECT  :  None

           COMMENTS  :  The author introduced this bill at the suggestion of  
          SCIF to clarify a confusion in the law that could hamper the  
          ability of the newly expanded board of directors to effectively  
          run the company.  Specifically, counsel for SCIF opined that  
          policyholder board members had "an interest" in a "transaction"  
          with SCIF - the insurance policy itself - that triggered the  
          disqualifying conflict provisions.  Since this is clearly not  
          what the Legislature intended last year when it expanded the  
          board and required at least one policyholder member, legislation  
          is required to clarify the issue.


           Analysis Prepared by  :    Mark Rakich / INS. / (916) 319-2086

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