BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 228|
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                                 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 
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          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 

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            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).


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          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 

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          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

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          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, 

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            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

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