AMENDED IN SENATE AUGUST 21, 2024

AMENDED IN SENATE JUNE 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

95

CHAPTER 392

Statutes of 2024

[ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]

Introduced by Assembly Member Dixon

February 12, 2024

An act to add Sections 110.5 and 3206.5 to the Labor Code, relating to workers’ compensation.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Uniform Electronic Transactions Act, applies to certain electronic transactions and provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. The act provides that if a law requires a record to be in writing, or if a law requires a signature, an electronic record satisfies the law.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of the employee’s employment. Existing law establishes a Workers’ Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.

For purposes of the workers’ compensation system, this bill would allow documents that require a signature to be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to the person, as specified, subject to specified restrictions or requirements.

The people of the State of California do enact as follows:

SECTION 1.

Section 110.5 is added to the Labor Code, to read:

110.5.

For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code.

SEC. 2.

Section 3206.5 is added to the Labor Code, to read:

3206.5.

For the purpose of this division and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code.