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
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          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
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           Opposition 
           
          None received.
           
          Analysis Prepared by  :    Mark Rakich / INS. / (916) 319-2086