BILL ANALYSIS AB 586 Page 1 Date of Hearing: May 6, 2009 ASSEMBLY COMMITTEE ON INSURANCE Joe Coto, Chair AB 586 (Huber) - As Introduced: February 25, 2009 And As Proposed To Be Amended SUBJECT : Workers' compensation: peace officer presumptions of compensability SUMMARY : Provides that any peace officer defined in specified Penal Code provisions shall be entitled to the presumptions that certain conditions or illnesses are job related, including adding officers employed by the University of California (UC) and the California State University System (CSU) to the list of peace officers entitled to this benefit. Specifically, this bill : 1)Provides that existing presumptions that certain conditions arose during the course employment that are applicable to most fire and peace officer employees of the state and local government apply to any peace officer defined by Sections 830.1 through 830.38 of the Penal Code. The peace officers who would benefit from this provision are employees of the UC and CSU systems. 2)Provides that the existing presumptions that would be extended to these peace officers involve cancer, hernia, pneumonia, heart trouble, tuberculosis, blood-borne infectious diseases, meningitis, and methicillin-resistant Staphylococus aureus skin infection (MRSA). 3)Subjects these new recipients of the benefit of the presumptions to the same conditions as existing presumption recipients. EXISTING LAW: 1)Provides that most firefighters and peace officers employed in state and local governments are afforded the benefits of the presumptions discussed above, subject to the same conditions and periods of time discussed below. 2)Provides that each of these presumptions may be rebutted by the employer. AB 586 Page 2 3)Provides that each of these presumptions, except MRSA, continues to apply after the employee leaves employment for a period of three months for every year of service, but in no event more than 5 years after separation. 4)Provides that the MRSA presumption applies for a period of 90 days after separation. FISCAL EFFECT : Potentially significant costs to the UC and CSU systems as a result increased workers' compensation costs. COMMENTS : 1)Purpose . According to the author, the UC and CSU peace officers perform the same law enforcement functions as the peace officers who already receive the benefit of these presumptions. They face the same hazards, including work in hospitals and scientific research laboratories that present risks similar to other police agencies. 2)Classes of peace officers . The sponsor, Police Officers Research Association of California (PORAC), notes that the Penal Code classifies peace officers into several groups in the Section 830.1 through 830.38 series. The current law grants peace officers the benefit of the presumptions of compensability based upon who employs them. A problem arises when a new agency employs a peace officer, or a new authority is granted by the Penal Code for officers to be granted peace officer status based on existing classes of officer - the new peace officer categories are not automatically included in the presumption statute. This bill is designed to ensure that UC and CSU officers obtain the same benefits as similar peace officers, but also to structure the Labor Code so that it is the type of officer and not the name of the employer that determines whether the presumption applies. REGISTERED SUPPORT / OPPOSITION : Support Peace Officers Research Association of California (PORAC) (Sponsor) California Applicants' Attorneys Association California State Employees Association (CSEA) AB 586 Page 3 Opposition None received. Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086