BILL NUMBER: AB 228	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 2, 2011

   An act to amend Section 11873 of the Insurance Code, relating to
the State Compensation Insurance Fund.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 228, as introduced, Fuentes. State Compensation Insurance Fund:
employee exemptions.
   Existing law creates the State Compensation Insurance Fund
administered by a board of directors for the purpose of transacting
workers' compensation insurance, insurance against the expense of
defending any suit for serious and willful misconduct against an
employer or his or her agent, and insurance for employees and other
persons for the compensation fixed by the workers' compensation laws
for employees and their dependents. Existing law exempts positions
funded by the State Compensation Insurance Fund from hiring freezes
and staff cutbacks otherwise required by law.
   This bill would add furloughs to those employee exemptions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11873 of the Insurance Code is amended to read:

   11873.  (a) Except as provided by subdivision (b), the fund shall
not be subject to the provisions of the Government Code made
applicable to state agencies generally or collectively, unless the
section specifically names the fund as an agency to which the
provision applies.
   (b) The fund shall be subject to the provisions of Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of,
Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2
of, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of, the Government Code, and Division 5
(commencing with Section 18000) of Title 2 of the Government Code,
with the exception of all of the following provisions of that
division:
   (1) Article 1 (commencing with Section 19820) and Article 2
(commencing with Section 19823) of Chapter 2 of Part 2.6 of Division
5.
   (2) Sections 19849.2, 19849.3, 19849.4, and 19849.5.
   (3) Chapter 4.5 (commencing with Section 19993.1) of Part 2.6 of
Division 5.
   (c) Notwithstanding any provision of the Government Code or any
other provision of law, the positions funded by the State
Compensation Insurance Fund are exempt from any hiring freezes  ,
furloughs,  and staff cutbacks otherwise required by law.
 This subdivision is declaratory of existing law.