BILL NUMBER: AB 438	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Chiu
    (   Coauthors:   Assembly Members 
 Alejo   and Gonzalez   ) 

                        FEBRUARY 23, 2015

   An act to amend Section 7292 of the Government Code, and to amend
Section 124 of the Labor Code, relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 438, as amended, Chiu. State government: workers' compensation:
bilingual services.
   Existing law, the Dymally-Alatorre Bilingual Services Act,
requires every state agency, as defined, to provide information
regarding public services in a non-English language if a substantial
number of the public contacted by the agency are non-English
speaking. Existing law requires a state agency to employ a sufficient
number of bilingual persons for those purposes. Existing law exempts
the State Compensation Insurance Fund from those provisions.
   Existing law establishes a workers' compensation system to
compensate an employee for injuries sustained in the course of his or
her employment. Existing law establishes, in the Department of
Industrial Relations, a Division of Workers' Compensation to
administer those provisions. In administering and enforcing those
provisions, existing law requires the division to protect the
interests of injured workers and requires all forms and notices to be
given to employees by the division to be in English and Spanish.
   This bill would make the provisions of the Dymally-Alatorre
Bilingual Services Act applicable to the State Compensation Insurance
Fund, and to the Department of Industrial Relations and Division of
Workers' Compensation when providing those forms and notices.
 The bill would provide that the failure of the department or
division to comply with the Dymally-Alatorre Bilingual Services Act
tolls any statutory or regulatory time period for one year with
regard to an applicant's compliance with a notice or deadline under
the workers' compensation system. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 7292 of the Government Code is amended to read:

   7292.  (a) Every state agency, as defined in Section 11000,
directly involved in the furnishing of information or the rendering
of services to the public whereby contact is made with a substantial
number of non-English-speaking people, shall employ a sufficient
number of qualified bilingual persons in public contact positions to
ensure provision of information and services to the public, in the
language of the non-English-speaking person.
   (b) For the purposes of this chapter, the furnishing of
information or rendering of services includes, but is not limited to,
providing public safety, protection, or prevention, administering
state benefits, implementing public programs, managing public
resources or facilities, holding public hearings, and engaging in any
other state program or activity that involves public contact.
  SEC. 2.  Section 124 of the Labor Code is amended to read:
   124.  (a) In administering and enforcing this division and
Division 4 (commencing with Section 3200), the department and the
division shall protect the interests of injured workers who are
entitled to the timely provision of compensation.
   (b) Forms and notices required to be given to employees by the
department or the division shall be in English and comply with the
Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing
with Section 7290) of Division 7 of Title 1 of the Government Code).

   (c) Failure by the department or the division to comply with
subdivision (b) shall toll any statutory or regulatory time period
for one year after the applicant discovers, or through the use of
reasonable diligence should have discovered, the need to comply with
a notice or deadline.