BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 623


                                                                    Page  1





          SENATE THIRD READING


          SB  
          623 (Lara)


          As Amended  April 14, 2015


          Majority vote


          SENATE VOTE:  34-1


           ------------------------------------------------------------------ 
          |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   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 










                                                                     SB 623


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          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


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            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