Today's Law As Amended


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AB-1138 Workers’ compensation: records.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 1871.12 is added to the Insurance Code, immediately following Section 1871.9, to read:

1871.12.
 (a) (1) Commencing January 1, 2014, employers applying for or renewing a policy of workers’ compensation insurance shall submit to the insurer the same wage data that is contained in annual, quarterly, and reconciliation reports that are submitted to the Employment Development Department pursuant to Section 1088 of the Unemployment Insurance Code.
(2) The department shall adopt regulations to implement this subdivision.
(b) (1) Commencing January 1, 2015, insured employers shall submit to their workers’ compensation insurer the data contained in reports of new employees and reports of independent contractors that are submitted to the Employment Development Department pursuant to Sections 1088.5 and 1088.8 of the Unemployment Insurance Code.
(2) Insurers shall list the names of all covered employees in any policy of workers’compensation insurance issued to an employer.
(3) The department shall adopt regulations to implement this subdivision.
(c) A list of all employees covered by the workers’ compensation policy, including name, address, last four numbers of the employee’s social security number, and the employee identification number shall be made available to the Director of Industrial Relations, the Division of Labor Standards Enforcement, the Department of Insurance, the Employment Development Department, or the insurer, upon request. The list of covered employees shall be made available in written form, and also in electronic form by employers that utilize a computerized payroll system. These lists are not public records subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) A list of covered employees, with the full name only, shall be made available to any employee upon request.
SEC. 2.
 The Legislature finds and declares that Section 1 of this act impose a limitation on the public’s right of access to the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the inalienable right to privacy pursuant to Section 1 of Article I of the California Constitution, it is necessary to enact legislation that the documents containing employee personal information provided pursuant to this act are maintained confidential.