BILL NUMBER: SB 623	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 30, 2015
	PASSED THE ASSEMBLY  AUGUST 27, 2015
	AMENDED IN SENATE  APRIL 14, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 27, 2015

   An act to add Sections 3733 and 4756 to the Labor Code, relating
to workers' compensation, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 623, Lara. Workers' compensation: benefits.
   Existing law generally requires an employer to compensate, without
regard to negligence, an employee for an injury sustained by the
employee if the injury arose out of, and in the course of,
employment, as specified. Existing law also establishes the Uninsured
Employers Fund and the Subsequent Injuries Benefits Trust Fund, both
continuously appropriated funds. In the event that an employer fails
to pay compensation as required, then the employee may apply to be
paid by the Director of Industrial Relations from the Uninsured
Employers Benefits Trust Fund. In the event that a permanently,
partially disabled employee receives a later, compensable injury
resulting in additional permanent disability, then that employee
shall receive compensation from the Subsequent Injuries Benefits
Trust Fund.
   This bill would provide that a person shall not be excluded from
receiving benefits under the Uninsured Employers Fund or the
Subsequent Injuries Benefits Trust Fund based on his or her
citizenship or immigration status. The bill would provide that these
provisions are declaratory of existing law.
   By increasing the number of applicants eligible for a continuously
appropriated fund, this bill would make an appropriation.
   Appropriation: yes.


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

  SECTION 1.  Section 3733 is added to the Labor Code, to read:
   3733.  (a) The Legislature finds and declares that it is in the
best interest of the State of California to provide a person,
regardless of his or her citizenship or immigration status, with the
benefits provided pursuant to this article, and therefore enacts this
section pursuant to Section 1621(d) of Title 8 of the United States
Code.
   (b) A person shall not be prohibited from receiving compensation
paid or payable from the Uninsured Employers Benefits Trust Fund
solely because of his or her citizenship or immigration status.
   (c) It is the intent of the Legislature to override Section 15740
of Article 1 of Subchapter 2.1.1 of Chapter 8 of Division 1 of Title
8 of the California Code of Regulations.
   (d) The provisions of this section are declaratory of existing
law.
  SEC. 2.  Section 4756 is added to the Labor Code, to read:
   4756.  (a) The Legislature finds and declares that it is in the
best interest of the State of California to provide a person,
regardless of his or her citizenship or immigration status, with the
benefits provided pursuant to this article, and therefore enacts this
section pursuant to Section 1621(d) of Title 8 of the United States
Code.
   (b) A person shall not be prohibited from receiving compensation
paid or payable from the Subsequent Injuries Benefits Trust Fund
solely because of his or her citizenship or immigration status.
   (c) It is the intent of the Legislature to override Section 15740
of Article 1 of Subchapter 2.1.1 of Chapter 8 of Division 1 of Title
8 of the California Code of Regulations.
   (d) The provisions of this section are declaratory of existing
law.