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Larson's Legislative Developments
9/28/2008 9:21:25 PM EST
LexisNexis Workers' Compensation Law Center Staff
Larson's Legislative Roundup 9/28/2008

Alabama H.B. 18 (new bill) - Prefiled 9/25/2008. Relates to removing some restrictions on workers' compensation payments.

California AB 1874 - Signed by Governor 9/26/2008. Expands the State Fund Board of Directors from 5 to 11 voting members.

California SB 1145 - Signed by Governor 9/26/2008. Provides for six exempt management positions to enable the State Fund to recruit top executives to fill key management positions and which subjects the State Fund to the Bagley-Keene and California Public Records Act.

California SB 1583 - Vetoed by Governor 9/28/2008. Existing law creates a rebuttable presumption that certain workers performing services for which a license is required are employees rather than independent contractors. This bill would have provided that a person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for the individual shall be jointly and severally liable with the employer if the individual is not found to be an independent contractor. This bill would exempt from the provisions regarding joint and several liability a person who provides advice to his or her employer or an attorney who provides legal advice in the course of practicing law.

California AB 1781 - Signed by Governor 9/23/2008. Provides in pertinent part that "upon approval of the Director of Finance with concurrence of the State Chief Information Officer, the Director of Finance may augment this item not sooner than 30 days after notification in writing to the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee. Any augmentation shall not exceed 10 percent of the total project costs as identified in the latest Special Project Report approved by the State Chief Information Officer. These funds may only be used for the purchase of licenses, additional equipment, or other expenditures necessary to increase and improve access to the Division of Workers' Compensation Electronic Adjudication Management System."

California S.B. 1467 - Signed by Governor 9/27/08. Existing law establishes the California Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers' compensation insurer to discharge its obligations under its insurance policies. This bill would provide that all meetings of the board of governors of the association and its investment and audit committees shall be open and public and all persons shall be permitted to attend, as specified. The bill would define "meeting" to include any congregation of a majority of the members of the board of governors or  the investment and audit committee, as applicable, at the same time to hear, discuss, or deliberate upon any item that is within the responsibility of the association, as defined, or in the association' s plan of operation, with specified exceptions. The bill would provide that the meetings shall comply with the Americans with Disabilities Act of 1990, that meetings be noticed, as specified, and that the public be given an opportunity to comment on issues addressed at the meetings. The bill would provide for closed meetings under specified circumstances. The bill would also define the commissioner's role in the meetings of the association.  

Montana Draft 522 (new bill) - Draft request received 9/24/2008. Relates to revision of workers' compensation laws.

New Jersey A.B. 3286 (new bill) - Filed 9/25/2008. Grants workers' compensation coverage to volunteer firefighters while they're going to or returning from their stations when called to a fire.

New York S.6260 Libous / A.9153 Peralta – Vetoed 9/26/2008. Would have limited workers’ compensation benefits secured by the New York black car operators’ injury compensation fund to injuries arising out of and in the course of providing covered services while on a dispatch from a central dispatch facility.

New York S.7849 Robach / A.4128 Perry – Vetoed 9/26/2008. Would have required employers to provide to employees injured on the job all information necessary to file a workers’ compensation claim.

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