BILL ANALYSIS Ó
AB 438
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CONCURRENCE IN SENATE AMENDMENTS
AB
438 (Chiu)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | |(May 14, 2015) |SENATE: |37-0 |(September 9, |
| |60-19 | | | |2015) |
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| | | | | | |
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Original Committee Reference: INS.
SUMMARY: Requires the Department of Industrial Relations (DIR)
and the Division of Workers' Compensation (DWC) to make certain
informational forms available in additional languages.
The Senate amendments:
1)Delete the repeal of an exemption of the State Compensation
Insurance Fund (SCIF) from the Dymally-Alatorre Bilingual
Services Act (Act).
2)Delete the bill's prior requirement that the DIR and DWC
comply with the Act.
3)Require, no later than January 1, 2018, that the DIR and DWC
AB 438
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make the following forms and materials available in Chinese,
Korean, Tagalog, and Vietnamese:
a) The basic standard workers' compensation claim form;
b) The application form for the Return-To-Work Supplement
Program;
c) The Supplemental Job Displacement Voucher form;
d) Certain DWC Fact Sheets, including, but not limited to
notices that address:
i) Temporary disability;
ii) Permanent disability;
iii) Qualified medical examiners;
iv) The Uninsured Employers' Trust Fund;
v) Utilization review;
vi) Basic facts on workers' compensation; and
vii) The glossary of workers' compensation terms.
4)Require the Administrative Director of the DWC, commencing
January 1, 2018, to annually review documents published by the
DWC and recommend other documents that should be translated.
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5)Require the DIR and DWC to annually report to the Legislature
any recommendations made, and include any documents
translated.
EXISTING LAW:
1)Provides for a comprehensive system to provide workers'
compensation benefits to employees who suffers injuries or
conditions arising out of or in the course of employment.
2)Creates the DWC, headed by an Administrative Director (AD), a
Gubernatorial appointee, who by statute is directed to
administer the workers' compensation program, and carry out
the various general and specific duties involved in that
administration. The DWC is organizationally a unit within the
DIR).
3)Provides for labor law enforcement operations, in addition to
the workers' compensation program, within the DIR, including
the Industrial Welfare Commission, the Division of Labor
Standards Enforcement, the Division of Occupational Safety and
Health, among others.
4)Exempts SCIF from a Government Code provision that requires
state agencies that provide services or information to the
public to employ bilingual persons in public contact
positions.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
Fiscal Effect Comments:
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1)The Senate amendments delete the repeal of SCIF's exemption
from the Act for several reasons. First, it appears SCIF is
already in substantial or complete compliance with the Act.
Second, it is not clear that the Act, which fundamentally
addresses the provision of government services, actually
applies to the activities that SCIF engages in. Third, even
as a quasi-governmental entity, SCIF competes with the private
workers' compensation insurers, and imposing duties on SCIF
that are not being imposed on other insurers can be viewed as
mandating a competitive disadvantage.
2)Rather than provide a general directive to the DIR and the DWC
to comply with the Act, the Senate amendments identify the key
documents and the core languages that the bill will require
the DIR and DWC to address. This approach provides clear
guidance, avoids vague directives and the risk of unfulfilled
expectations, and allows for Legislative oversight as the DWC
annually reports to the Legislature any new recommendations of
documents that have been translated.
Analysis Prepared by: Mark Rakich / INS. / (916)
319-2086 FN: 0002297