Bill Text: CA AB228 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Compensation Insurance Fund: out-of-state risks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 670, Statutes of 2011. [AB228 Detail]

Download: California-2011-AB228-Amended.html

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BILL NUMBER: AB 228	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2011

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 2, 2011

   An act to amend Section  11873   11780.5
 of the Insurance Code, relating to the State Compensation
Insurance Fund.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 228, as amended, Fuentes. State Compensation Insurance Fund:
 employee exemptions.   out-of-state risks.

   Existing law creates the State Compensation Insurance Fund
administered by a board of directors for the purpose of transacting
workers' compensation insurance, insurance against the expense of
defending any suit for serious and willful misconduct against an
employer or his or her agent, and insurance for employees and other
persons for the compensation fixed by the workers' compensation laws
for employees and their dependents.  Existing law exempts
positions funded by the State Compensation Insurance Fund from hiring
freezes and staff cutbacks otherwise required by law. 
Existing law authorizes the fund to insure a California employer
against the employer's liability for workers' compensation benefits,
under the law of any other state, for California employees
temporarily working outside of California   on a specific
assignment if the fund insures the employer's other employees who
work within California.  
   This bill would add furloughs to those employee exemptions.
 
   This bill would expand that authorization so that the fund would
be authorized to insure an employer whose principal place of business
is in California against the employer's liability for workers'
compensation benefits, under the law of any other state, if the fund
insured the employees who work within California. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 11780.5 of the  
Insurance Code   is amended to read: 
   11780.5.  The fund may also insure  a California employer
  an employer whose principal place of business is in
California  against his  or her  liability for workers'
compensation benefits, under the law of any other state, 
for California employees temporarily working outside of California on
a specific assignment  if the fund insures the 
employer's other  employees who work within California.

  SECTION 1.    Section 11873 of the Insurance Code
is amended to read:
   11873.  (a) Except as provided by subdivision (b), the fund shall
not be subject to the provisions of the Government Code made
applicable to state agencies generally or collectively, unless the
section specifically names the fund as an agency to which the
provision applies.
   (b) The fund shall be subject to the provisions of Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of,
Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2
of, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of, the Government Code, and Division 5
(commencing with Section 18000) of Title 2 of the Government Code,
with the exception of all of the following provisions of that
division:
   (1) Article 1 (commencing with Section 19820) and Article 2
(commencing with Section 19823) of Chapter 2 of Part 2.6 of Division
5.
   (2) Sections 19849.2, 19849.3, 19849.4, and 19849.5.
   (3) Chapter 4.5 (commencing with Section 19993.1) of Part 2.6 of
Division 5.
   (c) Notwithstanding any provision of the Government Code or any
other provision of law, the positions funded by the State
Compensation Insurance Fund are exempt from any hiring freezes,
furloughs, and staff cutbacks otherwise required by law.