BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1451|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1451
          Author:   Mendoza (D), et al.
          Amended:  5/3/16  
          Vote:     21 

           SENATE INSURANCE COMMITTEE:  6-1, 4/13/16
           AYES:  Roth, Gaines, Hall, Liu, Mitchell, Wieckowski
           NOES:  Glazer
           NO VOTE RECORDED:  Berryhill, Hernandez

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           SUBJECT:   State Compensation Insurance Fund:  executive and  
                     management appointments


          SOURCE:    State Compensation Insurance Fund

          DIGEST:  This bill allows the State Compensation Insurance Fund  
          (State Fund) board of directors (board) to appoint additional  
          executive and management positions, not to exceed 1 percent of  
          the number of the Fund's civil service employees; and sunsets  
          that authority on December 31, 2021.

          Senate Floor Amendments of 5/3/16 are technical and add  
          co-authors.

          ANALYSIS:  
          
          Existing law:

          1)Establishes State Fund, a quasi-state agency, for the purpose  
            of transacting workers' compensation insurance, to be  








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            administered by a board with full power, authority and  
            jurisdiction to conduct the business of the fund;

          2)Directs State Fund to be fairly competitive with other  
            insurers, and states the intent of the Legislature that it be  
            neither more nor less than self-supporting;

          3)Requires the board to appoint a president, chief financial  
            officer, chief operating officer, chief information technology  
            officer, chief investment officer, chief risk officer, general  
            counsel, chief medical officer, chief actuarial officer, chief  
            claims operations officer and chief of internal affairs; and  
            specifies that these positions are not subject to otherwise  
            applicable provisions of the Government Code and the Public  
            Contract Code (exempt non-civil service positions);

          4)Specifies that the Milton Marks Postgovernment Employment  
            Restrictions Act applies to the State Fund and its board and  
            appointed employees;

          5)Specifies that the board and appointed officers are prohibited  
            from lobbying State Fund for two years after leaving  
            employment with State Fund.

          This bill allows the State Fund board of directors to appoint  
          additional executive and management positions, not to exceed 1  
          percent of the number of the Fund's civil service employees; and  
          sunsets that authority on December 31, 2021.

          Comments
          
          State Fund was created by statute in 1914 to act as a workers'  
          compensation insurer for the state and to serve as the workers'  
          compensation insurer of last resort in the private market. It  
          also serves as a Third Party Administrator (TPA) for  
          self-insured public and private employers.  The State of  
          California is its largest TPA client.  Although created by the  
          Legislature, it is operated as a private non-profit enterprise,  
          and is supposed to be "neither more nor less than  
          self-supporting."  The State of California is not liable for any  
          obligations of State Fund. It is regulated by the California  
          Department of Insurance as a private insurer, but has only such  
          authorities as are granted by statute.








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          State Fund's market share has fluctuated from a record high of  
          53% in 2000-2001 to a low of 10% in 2012, depending on the  
          condition of the market.  At the same time, State Fund's  
          workforce is part of the civil service, entitled to the same job  
          protections as other state workers. Until 2009, it had only one  
          exempt position-the president and CEO.  An audit in 2007  
          uncovered serious operational and managerial improprieties, and  
          criticized State Fund's poor business and accounting practices  
          and lack of a functional management team. In response, AB 1874  
          (Coto, Chapter 322 Statutes of 2008) granted State Fund six  
          additional exempt positions, including a chief financial  
          officer, chief operating officer, general counsel, chief  
          information technology officer, chief investment officer, and  
          chief risk officer. SB 1145 (Machado, Chapter 344 Statutes of  
          2008) made State Fund subject to the Bagley-Keene open meeting  
          law. In 2013, AB 1394 (Committee on Insurance, Chapter 309  
          Statutes of 2013) added a chief medical officer, chief actuarial  
          officer, chief claims operations officer, and chief of internal  
          affairs to the list of exempt positions. 

          State Fund currently has approximately 4,400 employees, allowing  
          it to appoint up to 44 new positions under this bill. According  
          to State Fund President Vernon Steiner, positions they propose  
          to fill with this new authority include a chief counsel, chief  
          underwriting officer, chief information security officer, chief  
          technology officer, chief administrative officer, senior vice  
          president for premium audit, and senior vice president for  
          safety and loss prevention. Many of these positions have been  
          filled with outside consultants. As a result of this new  
          authority to fill these positions with employees, State Fund  
          expects to have a net savings of at least $1.7 million. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified5/4/16)


          State Compensation Insurance Fund (source)


          OPPOSITION:   (Verified5/4/16)







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          None received


          ARGUMENTS IN SUPPORT:     State Fund has sponsored SB 1451  
          because it will expand its ability to attract and retain staff  
          with industry experience and specific expertise to continue its  
          business transformation and respond effectively to market  
          demands and changes. State Fund needs the ability to compete  
          with the private market for such talent to bolster capabilities  
          throughout the organization. This legislation will allow it to  
          pursue management changes without having to seek legislative  
          approval for each individual position.




          Prepared by:Erin Ryan / INS. / (916) 651-4110
          5/4/16 14:58:06


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