BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 228| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 228 Author: Fuentes (D) Amended: 8/17/11 in Senate Vote: 21 SENATE INSURANCE COMMITTEE : 9-0, 06/28/11 AYES: Calderon, Gaines, Anderson, Corbett, Correa, Lieu, Lowenthal, Price, Wyland SENATE LABOR & INDUSTRIAL RELATIONS COMM : 5-0, 07/06/11 AYES: Lieu, DeSaulnier, Leno, Padilla, Yee NO VOTE RECORDED: Wyland, Runner SENATE APPROPRIATIONS COMMITTEE : 6-3, 08/25/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner ASSEMBLY FLOOR : 75-0, 05/09/11 - See last page for vote SUBJECT : State Compensation Insurance Fund: out-of-state risks SOURCE : State Compensation Insurance Fund DIGEST : This bill confers limited authority to the State Compensation Insurance Fund (SCIF) to provide specified California employers workers' compensation coverage for their non-California employees as an accommodation alongside their California-based employees via a contractual arrangement between SCIF and a qualified CONTINUED AB 228 Page 2 admitted insurer in another state. ANALYSIS : Existing law: 1.Provides that liability for an injured worker covered under the workers' compensation system is determined "irrespective of the fault of any party" and specifies that coverage is based on defined employment relationships so every employer in California must either carry workers' compensation insurance or obtain a certificate of self-insurance. 2.Authorizes insurance to be obtained privately, through private insurance carriers licensed and admitted to provide workers' compensation insurance in California or through the state's own insurance fund, SCIF, a quasi-governmental entity. 3.Establishes SCIF as a non-profit, public enterprise fund that operates like a mutual insurance carrier. Its primary product is workers' compensation insurance but the company also offers claims management, coordinated care plans, and loss control services to policyholders. Employers can purchase coverage directly from the insurer or through independent brokers. Unused premium, in excess of operating expenses, claims costs and expenses, and necessary surplus are returned in the form of dividends to policyholders. 4.Provides that as an insurance provider, SCIF is administered by an independent board of directors for the primary purpose of providing workers compensation insurance to California businesses. 5.Confers on SCIF the power to transact workers' compensation insurance required or authorized by law of this state to the same extent as any other insurer and provides that the fund shall be subject to the powers and authority of the Insurance Commissioner to the same extent as any other insurer transacting workers' compensation insurance, except where specifically exempted by reference. 6.Authorizes SCIF to insure a California employer against the employer's liability for workers' compensation CONTINUED AB 228 Page 3 benefits, under the law of any other state, for California employees temporarily working outside of California on a specific assignment if the fund insures the employer's other employees who work within California. This bill: 1.Provides a restricted grant of authority authorizing SCIF to provide specified California employers the ability to acquire workers' compensation coverage for their non-California employees as an accommodation alongside their California-based employees by contract with an insurer in the other state. 2.Authorizes SCIF to insure an employer's out of state employees for workers compensation under the laws of another state if: The employer's principal place of business is in California; The majority of the employer's operations and employees are located within California; and SCIF insures the employer's employees who work within California. 1.Authorizes SCIF to contract as a reinsurer with a ceding insurer that has responded to a request for proposal from the fund and is admitted to transact workers' compensation insurance in California and also in the out-of-state jurisdiction where the non-California employees are located. 2.Requires SCIF only contract if the ceding insurer meets all of the following criteria: The insurer has an A minus (A-) rating or better from A.M. Best Company. The insurer has substantial prior experience in transacting workers' compensation business on another insurer's behalf. The insurer has a minimum surplus of one hundred million dollars ($100,000,000). CONTINUED AB 228 Page 4 1.Requires that on or before March 1, 2015, DOI shall provide to the Secretary of the Senate and the Chief Clerk of the Assembly a report assessing the experience of SCIF in exercising the authority provided by this Act, and post a copy on the DOI web site. 2.The report is required to make recommendations concerning its continuation, limitation, or expansion with special attention to the extent of advantages this practice offers California employers, the California workers' compensation marketplace, and the impact of this class of insurance, whether pro or con, on SCIF, its management, and the California marketplace. 3.Requires that costs incurred by DOI in the assessment, writing, and publication of this report shall be borne by the SCIF. 4.Prohibits SCIF from initiating paid advertising or soliciting sponsorship of advertising campaigns to market or promote the ability to insure qualified employees under the law of any other state. 5.Sunsets the bill on December 31, 2016. Background California's SCIF is a non-profit, public enterprise fund that operates like a mutual insurance carrier on the basis of an express Constitutional authorization and statutory guidance. Its primary product is workers' compensation insurance but the company also offers claims management, coordinated care plans, and loss control services to policyholders. Employers can purchase coverage directly from the insurer or through independent brokers. Unused premium, in excess of operating expenses, claims costs and expenses, and necessary surplus are returned in the form of dividends to policyholders. Under its statutory authority, SCIF may transact workers' compensation insurance required or authorized by law of this state to the same extent as any other insurer. SCIF's current statutory authority gives it permissive CONTINUED AB 228 Page 5 authority (may) to insure a California employer's employees who are engaged in traveling temporarily outside of the state. This constitutes a limited grant of authority to insure certain employees of California employers who are temporarily out of the state. This statute, adopted in 1978, can be seen as a grant of authority which is limited, but serves nonetheless to confer a valuable accommodation to California businesses. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Revision of SCIF Any new costs covered by existing Special* authority to insureauthority to insure for workers' compensation insurance coverage Report Up to $300 one timeSpecial* * State Compensation Insurance Fund SUPPORT : (Verified 8/26/11) State Compensation Insurance Fund (source) Allen Lawrence & Associates, Inc. Arroyo Insurance Services BB & T Tanner Insurance Services Bowermaster and Associates B & B Premier Insurance Solutions California Farm Bureau Federation Cal Insurance & Associates, Inc. Haggerty Insurance Services, Inc. Hoffman Brown Company Insurance Brokers and Agents of the West Interwest Insurance Services Invensure Insurance Brokers CONTINUED AB 228 Page 6 Leavitt Barlocker Insurance McGee & Thielen Insurance Brokers, Inc. Northridge Insurance Agency, LLC Thoits Insurance USI Insurance Services of Northern California, Inc. OPPOSITION : (Verified 8/26/11) Association of California Insurance Companies ARGUMENTS IN SUPPORT : According to the author, "The State Compensation Insurance Fund considers that as currently written, "Insurance Codes §11780.5 and §11784 (d) are ambiguous. Existing law says the fund can cover employees who are temporarily working out of state. However, nowhere is the fund prohibited from covering employees who are permanently working out of state. Existing law is unclear on this point. Existing law is also unclear as to what type of reinsurance the fund president is authorized to purchase. We want to ensure that the authority of State Compensation Insurance Fund to provide out of state coverage is clearly articulated." ARGUMENTS IN OPPOSITION : The Association of California Insurance Companies states in opposition: "Allowing SCIF to expand its jurisdiction is a sharp departure from its original mission, unfair to private carriers because of the Fund's tax exempt status, and would subject the Fund, and ultimately its California policy holders, to assessments and regulations of other states. SCIF was created as a public enterprise to assure that California had an "insurer of last resort" for California employers. In exchange, it was given a federal tax exempt status, an advantage not enjoyed by any other private workers' compensation carrier. Allowing SCIF to use its beneficial tax status that is derived from its mandate in California is unfair to private carriers and to other state funds." ASSEMBLY FLOOR : 75-0, 05/09/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, CONTINUED AB 228 Page 7 Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Butler, Garrick, Gorell, Smyth, Vacancy JJA:nl 8/29/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED