BILL ANALYSIS Ó
SB 623
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Date of Hearing: June 24, 2015
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
SB
623 (Lara) - As Amended April 14, 2015
SENATE VOTE: 34-1
SUBJECT: Workers' compensation: benefits.
SUMMARY: Expressly overrules regulations, which are contrary to
current statutory law, that provide that undocumented workers
are not eligible for certain workers' compensation benefits.
Specifically, this bill:
1)States that a person shall not be prohibited from receiving
benefits from the Uninsured Employers Benefits Trust Fund or
the Subsequent Injuries Benefits Trust Fund (Funds) solely
because of his or her citizenship or immigration status.
2)States that it is the intent of the Legislature to override
specified provisions in the California Code of Regulations
that are contrary to the rule stated, above.
3)Makes findings that the State has an interest in making the
benefits described above available to people not lawfully in
the United States, within the meaning of specified federal
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statutes that authorize States to make these benefits
available.
4)Provides that the bill's statement of rights to benefits from
the Funds is declaratory of existing law.
EXISTING LAW:
1)Establishes a comprehensive system to provide workers'
compensation benefits to all employees who suffer conditions
or injuries that arise out of or in the course of employment.
2)Provides that all protections, rights and remedies available
under state law, including all labor and employment laws,
unless expressly prohibited by federal law, are available to
all persons, regardless of immigration status.
3)Establishes the Funds to provide specified workers'
compensation benefits to all people who meet the criteria to
qualify for benefits from one of the Funds.
FISCAL EFFECT: The Senate Appropriations Committee referred
this bill to the Senate Floor pursuant to Senate Rule 28.8.
COMMENTS:
1)Purpose. According to the author, existing regulations were
adopted upon the enactment by the voters of Proposition 187 in
1994, and initiative that restricted the rights of
undocumented immigrants in a number of ways. Despite the
Courts' subsequent invalidation of that initiative, the
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regulations at issue in the bill have remained on the books.
The bill is intended to expressly overrule those regulations.
2)Practical effect. Based on Labor Code Section 1171.5
(granting the protections of labor and employment laws to
undocumented employees), enacted in 2002 and which itself
provides that it is declaratory of existing law, undocumented
employees have been receiving the benefits from the Funds, and
no evidence has been presented that benefits have been denied
to any person on the basis of immigration status. The
practical effect of the bill is to state unequivocally that
the plain reading of the regulations is not the law.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Insurance Companies
California Applicants' Attorneys Association
California Association of Joint Powers Authorities
California Chamber of Commerce
California Coalition on Workers' Compensation
California Immigrant Policy Center (CIPC)
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California Labor Federation, AFL-CIO
California Manufacturers and Technology Association
California Restaurant Association
Opposition
None received
Analysis Prepared by:Mark Rakich / INS. / (916)
319-2086