BILL NUMBER: SB 1379 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Mendoza
FEBRUARY 19, 2016
An act to amend Section 153 5710 of
the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1379, as amended, Mendoza. Labor statistics and
research. Workers' Compensation: depositions:
interpreters.
Existing law requires the State Personnel Board to, and authorizes
the Director of the Division of Workers' Compensation
(administrative director) or an independent organization designated
by the administrative director to, establish, maintain, administer,
and publish annually an updated list of certified administrative
hearing interpreters who, based on testing by an independent
organization designated by the administrative director, have been
determined to meet certain minimum standards, for purposes of certain
workers' compensation proceedings and medical examinations. Existing
law authorizes depositions to be taken in conjunction with any
investigation or hearing before the Workers' Compensation Appeals
Board.
This bill would require that specified information regarding the
certification of an interpreter, for a deposition under these
provisions, be stated on the record and verified by the board or
judge ordering the deposition, or by the party giving the deposition
testimony, or his or her representative.
Under existing law, the Department of Industrial Relations
collects, compiles, and presents facts and statistics relating to the
condition of labor in the state. Existing law provides that, except
as specified, no use shall be made in the department's reports of the
names of persons supplying information, and makes any agent or
employee of the department who violates this provision guilty of a
misdemeanor.
This bill would also prohibit the use of the identities of persons
supplying information to the department.
Because the bill would expand the definition of a crime, it would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5710 of the Labor
Code is amended to read:
5710. (a) The appeals board, a workers' compensation judge, or
any party to the action or proceeding, may, in any investigation or
hearing before the appeals board, cause the deposition of witnesses
residing within or without the state to be taken in the manner
prescribed by law for like depositions in civil actions in the
superior courts of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure. To that end the
attendance of witnesses and the production of records may be
required. Depositions may be taken outside the state before any
officer authorized to administer oaths. The appeals board or a
workers' compensation judge in any proceeding before the appeals
board may cause evidence to be taken in other jurisdictions before
the agency authorized to hear workers' compensation matters in those
other jurisdictions.
(b) If the employer or insurance carrier requests a deposition to
be taken of an injured employee, or any person claiming benefits as a
dependent of an injured employee, the deponent is entitled to
receive in addition to all other benefits:
(1) All reasonable expenses of transportation, meals, and lodging
incident to the deposition.
(2) Reimbursement for any loss of wages incurred during attendance
at the deposition.
(3) One copy of the transcript of the deposition, without cost.
(4) A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this
state. The fee shall be discretionary with, and, if allowed, shall be
set by, the appeals board, but shall be paid by the employer or his
or her insurer.
(5) If interpretation services are required because the injured
employee or deponent does not proficiently speak or understand the
English language, upon a request from either, the employer shall pay
for the services of a language interpreter certified or deemed
certified pursuant to Article 8 (commencing with Section 11435.05) of
Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566
of, the Government Code. The fee to be paid by the employer shall be
in accordance with the fee schedule adopted by the administrative
director and shall include any other deposition-related events as
permitted by the administrative director.
(c) If interpretation services are required pursuant to
subdivision (a) or (b), the following shall be stated on the record:
(1) The name of the certified or registered court interpreter, as
listed on his or her court interpreter certification or registration.
(2) His or her current certification or registration number.
(3) A statement that the certified or registered court interpreter'
s identification has been verified, by the board or judge ordering
the deposition, or by the party giving testimony, or his or her
representative, using a certified or registered interpreter
identification badge issued by the Judicial Council or other
documentation that verifies the interpreter's certification or
registration accompanied by photo identification.
(4) The language to be interpreted.
(5) A statement that the interpreter's oath was administered to
the certified or registered court interpreter or that he or she has
an oath on file with the court.
SECTION 1. Section 153 of the Labor Code is
amended to read:
153. Except as provided in Section 151 no use shall be made in
the statistical or other reports prepared pursuant to this chapter of
the names or identities of persons supplying the information
required under this code. Any agent or employee of the department who
violates this section is guilty of a misdemeanor.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.