BILL NUMBER: AB 586	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2010
	AMENDED IN SENATE  JULY 2, 2009
	AMENDED IN SENATE  JUNE 30, 2009
	AMENDED IN ASSEMBLY  MAY 7, 2009

INTRODUCED BY   Assembly Member  Huber   Ma

    (   Coauthor:   Senator   Yee
  ) 

                        FEBRUARY 25, 2009

    An act to amend Sections 3212, 3212.1, 3212.5, 3212.6,
3212.8, and 3212.9 of the Labor Code, relating to workers'
compensation.   An act to amend Section 4850 of the
Labor Code, relating to workers' compensation, and declaring the
urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 586, as amended,  Huber   Ma  .
Workers' compensation:  public employees: medical conditions:
presumptions.   employees of the City and County of San
Francisc   o: leaves of absence. 
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment. 
   Existing law provides that, in the case of certain state and local
law enforcement personnel, and in certain circumstances,
firefighting personnel, the term "injury" includes hernia, cancer,
leukemia, heart trouble, pneumonia, blood-borne infectious disease,
methicillin-resistant Staphylococcus aureus skin infection,
tuberculosis, and meningitis that develops or manifests itself during
a period while the member is in the service of the governmental
entity, and establishes disputable presumptions in this regard.
 
   This bill would, with respect to law enforcement personnel,
specify certain peace officers to whom the above-described disputable
presumptions apply.  
   Existing law generally provides that whenever certain public
employees, who are employed on a regular, full-time basis, are
disabled, whether temporarily or permanently, by injury or illness
arising out of, and in the course of, their duties, they are required
to become entitled, regardless of their period of service with the
public employer, to a leave of absence while so disabled without loss
of salary in lieu of temporary disability payments or maintenance
allowance payments, if any, that would be payable for the period of
disability, but not exceeding one year, or until that earlier date as
the employee is retired on permanent disability pension, and is
actually receiving disability pension payment, or certain advanced
disability pension payment.  
   Existing law specifies certain public employees to whom the
above-described provisions shall not apply, including certain
employees of the City and County of San Francisco.  
   This bill would provide that the above-described provisions shall
apply to certain employees of the City and County of San Francisco.
 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

   SECTION 1.    Section 4850 of the   Labor
Code   is amended to read: 
   4850.  (a) Whenever any person listed in subdivision (b), who is
employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by injury or illness arising out of and
in the course of his or her duties, he or she shall become entitled,
regardless of his or her period of service with the city, county, or
district, to a leave of absence while so disabled without loss of
salary in lieu of temporary disability payments or maintenance
allowance payments under Section 139.5, if any, that would be payable
under this chapter, for the period of the disability, but not
exceeding one year, or until that earlier date as he or she is
retired on permanent disability pension, and is actually receiving
disability pension payments, or advanced disability pension payments
pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (12) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a), and shall not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, or by a city, county, or
district firefighter, shall be deemed to constitute family care and
medical leave, as defined in Section 12945.2 of the Government Code,
or to reduce the time authorized for family care and medical leave by
Section 12945.2 of the Government Code.
   (f) This section shall not apply to any persons described in 
paragraph (1) or (2) of  subdivision (b) who are employees of
the City and County of San Francisco. 
   (g) Amendments to subdivision (f) made by the act adding this
subdivision shall be applied retroactively to January 1, 2010. 
   SEC. 2.   This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure, at the earliest possible time, that certain
employees of the City and County of San Francisco have the same
protections as their colleagues have in other jurisdictions, it is
necessary for this act to take effect immediately.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate July 2, 2009. (JR11)