BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 623|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 623
Author: Lara (D)
Amended: 4/14/15
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/8/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Workers compensation: benefits
SOURCE: California Applicants' Attorneys Association
California Teamsters Public Affairs Council
DIGEST: This bill restates and reinforces existing law on the
right of undocumented workers to be eligible for benefits from
the Uninsured Employers Benefits Trust Fund and the Subsequent
Injuries Benefits Trust Fund.
ANALYSIS:
Existing law:
1)Establishes a workers' compensation system that provides
benefits to an employee who suffers from an injury or illness
that arises out of and in the course of employment,
irrespective of fault. This system requires all employers to
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secure payment of benefits by either securing the consent of
the Department of Industrial Relations (DIR) to self-insure or
by securing insurance against liability from an insurance
company duly authorized by the state.
2)Provides that all protections, rights, and remedies available
under state law, except any reinstatement remedy prohibited by
federal law, are available to all individuals regardless of
immigration status who have applied for employment, or who are
or who have been employed, in California. (Labor Code
§1171.5)
3)Creates the Uninsured Employers Benefits Trust Fund (UEBTF),
which provides benefits for injured workers who are employed
by illegally uninsured employers. Benefits awarded from the
UEBTF constitute a liquated damage against the illegally
uninsured employer, which the Director of DIR may pursue
against the employer and/or significant shareholders. (Labor
Code §§ 3716-3717)
4)Creates the Subsequent Injuries Benefits Trust Fund (SIBTF),
which provides additional compensation for injured workers who
are receiving permanent disability benefits and suffer a
second injury that the degree of injury caused by the second
injury is greater than what would have resulted from the first
permanent injury alone. (Labor Code § 4751)
5)Provides that a State may provide that an individual who is
not lawfully present in the United States is eligible for any
State or local public benefit for which such alien would
otherwise be ineligible through the enactment of a State law
which affirmatively provides for such eligibility. (8 U.S.
Code § 1621(d))
This bill:
1)Restates and reiterates existing law, which currently allows
undocumented injured workers to be eligible for benefits from
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the UEBTF and the SIBTF.
2)Declares the intent of the Legislature to override regulations
which prevent undocumented workers from accessing benefits
from the UEBTF and the SIBTF.
NOTE: See the Senate Labor and Industrial Relations Committee
analysis for a full discussion of this bill.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/8/15)
California Applicants' Attorneys Association (co-source)
California Teamsters Public Affairs Council (co-source)
Association of California Insurance Companies
California Association of Joint Powers Authorities
California Chamber of Commerce
California Coalition on Workers' Compensation
California Conference of Machinists
California Conference of the Amalgamated Transit Union
California Labor Federation, AFL-CIO
California Manufacturers and Technology Association
California Nurses Association
California Restaurant Association
California Rural Legal Assistance Foundation
Engineers & Scientists of California, AFTPE Local 20, AFL-CIO
International Longshore and Warehouse Union
Professional & Technical Engineers, IFTPE Local 21, AFL-CIO
Utility Workers Union of America
OPPOSITION: (Verified4/8/15)
None received
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ARGUMENTS IN SUPPORT: The California Applicants' Attorneys
Association (CAAA) and the California Chamber of Commerce
strongly support SB 623, arguing that SB 623 clarifies current
law so that no injured worker is refused benefits from the UEBTF
and the SIBTF based on their immigration status. CAAA argues
that it is time for the out-of-date Division of Workers'
Compensation regulations which allowed undocumented workers from
being excluded from these benefits.
Prepared by:Gideon Baum / L. & I.R. / (916) 651-1556
4/28/15 15:31:19
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