BILL NUMBER: AB 2754	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 22, 2008

   An act to amend Section 31720.7 of the Government Code, and to
amend Section 3212.8 of the Labor Code, relating to public safety
personnel.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2754, as introduced, Bass. Public safety personnel: MRSA skin
infections.
   Existing law establishes a presumption that if certain safety
members, firefighters, county probation officers, or members in
active law enforcement develop a blood-borne infectious disease, the
disease arises out of, and in the course of, employment. Existing law
requires those who are permanently incapacitated for the performance
of duty as a result of a blood-borne infectious disease to receive a
service-connected disability retirement.
   This bill would expand the scope of this provision to include any
methicillin-resistant Staphylococcus aureus (MRSA) skin infection.
   Existing law provides that an injury of an employee arising out
of, and in the course of, employment is generally compensable through
the workers' compensation system. Existing law provides that, in the
case of certain state and local firefighting and law enforcement
personnel, the term "injury" includes, among other conditions,
hernia, pneumonia, heart trouble, tuberculosis, meningitis, and any
blood-borne infectious disease that develops or manifests itself
during a period while the member is in the service of the
governmental entity, and establishes a disputable presumption in this
regard.
   This bill would expand the scope of this provision to include any
methicillin-resistant Staphylococcus aureus skin infection.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 31720.7 of the Government Code is amended to
read:
   31720.7.  (a) If a safety member, a firefighter, a county
probation officer, or a member in active law enforcement who has
completed five years or more of service under a pension system
established pursuant to Chapter 4 (commencing with Section 31900) or
under a pension system established pursuant to Chapter 5 (commencing
with Section 32200), or both, or under this retirement system, under
the Public Employees' Retirement System, or under a retirement system
established under this chapter in another county, develops a
blood-borne infectious disease  or a methicillin-resistant
Staphylococcus aureus skin infection  , the disease  or skin
infection  so developing or manifesting itself in those cases
shall be presumed to arise out of, and in the course of, employment.
The  blood-borne infectious  disease  or
methicillin-resistant Staphylococcus aureus skin infection  so
developing or manifesting itself in those cases shall in no case be
attributed to any disease  or skin infection  existing prior
to that development or manifestation.
   (b) Any safety member, firefighter, county probation officer, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
a blood-borne infectious disease  or methicillin-resistant
Staphylococcus aureus skin infection  shall receive a
service-connected disability retirement.
   (c) The presumption described in subdivision (a) is rebuttable by
other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption. This presumption shall be extended
to a member following termination of service for a period of three
calendar months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with the last
date actually worked in the specified capacity.
   (d) "Blood-borne infectious disease," for purposes of this
section, means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including, but not limited to, those pathogenic
microorganisms defined as blood-borne pathogens by the Department of
Industrial Relations.
   (e) "Member in active law enforcement," for purposes of this
section, means members employed by a sheriff's office, by a police or
fire department of a city, county, city and county, district, or by
another public or municipal corporation or political subdivision or
who are described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code or who are employed by any county
forestry or firefighting department or unit, except any of those
members whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers, and includes a member engaged in
active law enforcement who is not classified as a safety member.
  SEC. 2.  Section 3212.8 of the Labor Code is amended to read:
   3212.8.  (a) In the case of members of a sheriff's office, of
police or fire departments of cities, counties, cities and counties,
districts, or other public or municipal corporations or political
subdivisions, or individuals described in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, whether
those persons are volunteer, partly paid, or fully paid, and in the
case of active firefighting members of the Department of Forestry and
Fire Protection, or of any county forestry or firefighting
department or unit, whether voluntary, fully paid, or partly paid,
excepting those whose principal duties are clerical or otherwise do
not clearly fall within the scope of active law enforcement service
or active firefighting services, such as stenographers, telephone
operators, and other office workers, the term "injury" as used in
this division, includes a blood-borne infectious disease  or
methicillin-resistant Staphylococcus aureus skin infection  when
any part of the blood-borne infectious disease  or
methicillin-resistant Staphylococcus aureus skin infection 
develops or manifests itself during a period while that person is in
the service of that office, staff, division, department, or unit. The
compensation that is awarded for a blood-borne infectious disease
 or methicillin-resistant Staphylococcus aureus skin infection
 shall include, but not be limited to, full hospital, surgical,
medical treatment, disability indemnity, and death benefits, as
provided by the workers' compensation laws of this state.
   (b) The blood-borne infectious disease  or
methicillin-resistant Staphylococcus aureus skin infection  so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of the employment or service. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it. That presumption shall be extended to a person
covered by subdivision (a) following termination of service for a
period of three calendar months for each full year of service, but
not to exceed 60 months in any circumstance, commencing with the last
date actually worked in the specified capacity.
   (c) The blood-borne infectious disease  or
methicillin-resistant Staphylococcus aureus skin infection  so
developing or manifesting itself in those cases shall in no case be
attributed to any disease  or skin infection  existing prior
to that development or manifestation.
   (d) For the purposes of this section, "blood-borne infectious
disease" means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including those pathogenic microorganisms defined as
blood-borne pathogens by the Department of Industrial Relations.