BILL ANALYSIS Ó
SB 623
Page 1
SENATE THIRD READING
SB
623 (Lara)
As Amended April 14, 2015
Majority vote
SENATE VOTE: 34-1
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Insurance |10-0 |Daly, Travis Allen, | |
| | |Calderon, Cooley, | |
| | |Cooper, Dababneh, | |
| | |Frazier, Gatto, | |
| | |Gonzalez, Rodriguez | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |11-3 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, |
| | |Calderon, Chang, |Jones |
| | |Eggman, Eduardo | |
| | |Garcia, Quirk, | |
| | |Rendon, Weber, Wood | |
| | | | |
| | | | |
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SB 623
Page 2
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
statutes that authorize states to make these benefits
available.
4)Provides that this bill's statement of the right 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
SB 623
Page 3
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: According to the Assembly Appropriations
Committee, negligible fiscal effect to Department of Industrial
Relations. This bill is aligned with current practice and is
declaratory of existing law. The regulations it supersedes have
never been enforced.
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
regulations at issue in the bill have remained on the books.
This 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 this bill is to state unequivocally that
the plain reading of the regulations is not the law.
SB 623
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Analysis Prepared by:
Mark Rakich / INS. / (916) 319-2086 FN: 0001175