BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 897|
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                                        VETO 


          Bill No:  SB 897
          Author:   Roth (D), et al.
          Amended:  8/19/16  
          Vote:     21 

           SENATE LABOR & IND. REL. COMMITTEE:  4-0, 4/6/16
           AYES:  Mendoza, Stone, Leno, Mitchell
           NO VOTE RECORDED:  Jackson

           SENATE FLOOR:  35-0, 5/23/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Galgiani, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,  
            Nguyen, Nielsen, Pan, Roth, Stone, Vidak, Wieckowski
           NO VOTE RECORDED:  Gaines, Morrell, Pavley, Runner, Wolk

           SENATE FLOOR:  36-1, 8/25/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Galgiani, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva,  
            Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen,  
            Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
           NOES:  Gaines
           NO VOTE RECORDED:  Huff, Morrell

           ASSEMBLY FLOOR:  71-2, 8/22/16 - See last page for vote

           SUBJECT:   Workers compensation


          SOURCE:    California Professional Firefighters 
                     Riverside Police Officers Association










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          DIGEST:  This bill grants an additional year of injury leave for  
          police officers, firefighters, or sheriffs if they suffer a  
          "catastrophic injury at the hands of another" during active duty  
          or through active firefighting operations.


          ANALYSIS:  

          Existing law: 

          1)Establishes a workers' compensation system that provides  
            benefits to an employee who suffers from an injury or illness  
            that arises out of and in the course of employment,  
            irrespective of fault.  This system requires all employers to  
            secure payment of benefits by either securing the consent of  
            the Department of Industrial Relations to self-insure or by  
            securing insurance against liability from an insurance company  
            duly authorized by the state.

          2)Provides for the payment of indemnity benefits if the  
            occupational injury causes temporary or permanent disability  
            which prevents the worker from returning to his or her job.   
            In the case of temporary disability (TD) payments, the benefit  
            is two-thirds of the weekly loss in wages due to disability  
            for up to 104 weeks within five years (Labor Code §§4650,  
            4653, 4654 and 4656).

          3)Provides that certain public employees employed on a regular,  
            full-time basis regardless of their period of service, who  
            incur on the job injury or illness, are entitled to receive  
            disability payment for up to one year.   These employees  
            include:

             a)   City police officers;

             b)   City, county, or district firefighters;

             c)   Sheriffs;

             d)   Inspectors, investigators, detectives, or personnel with  
               comparable titles in any district attorney's office;









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             e)   County probation officers, group counselors, or juvenile  
               services officers; and 

             f)   Lifeguards employed by Los Angeles County or the City of  
               San Diego.

            This leave of absence is set forth in Labor Code Section 4850  
            and is sometimes referred to as "4850 leave".


          This bill:

          1)Extends an additional year of injury leave for city police  
            officers, city, county, or district firefighters, and sheriffs  
            if:

             a)   The injured worker is employed on a regular, full-time  
               basis regardless of their period of service; and

             b)   The injured worker suffers a "catastrophic injury at the  
               hands of another" during active duty through the actions of  
               another or through active firefighting operations without  
               respect to the cause of the fire.

          1)Defines a "catastrophic injury at the hands of another" as  
            including:

             a)   Severe burns; 
             b)   Severe bodily injuries resulting from the collapse of a  
               building; and 
             c)   Severe bodily injuries resulting from a shooting,  
               stabbing, or other battery.

          2)Defines "severe" as the loss of limb, cognitive function, or  
            other major bodily function that substantially jeopardizes the  
            injured worker's permanent ability to regain maximum function.

          3)Excludes peace officers from the City and County of San  
            Francisco and also clarifies that the injury leave cannot be  
            longer than 104 weeks.










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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/22/16)


          California Professional Firefighters (co-source)
          Riverside Police Officers Association (co-source)
          Association for Los Angeles County Deputy Sheriffs
          Association of Orange County Deputy Sheriffs
          Bonita-Sunnyside Fire Protection District
          California Applicant's Attorney Association
          California School Employees Association, AFL-CIO
          California Statewide Law Enforcement Association
          Fraternal Order of Police
          Laborers International Union of North America Locals 777 & 792 
          Long Beach Police Officers Association 
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Orange County Deputy Sheriffs 
          Orange County Professional Firefighters Association, Local 3631
          Peace Officers Research Association of California
          Riverside Sheriff's Association
          Sacramento County Deputy Sheriffs' Association
          San Bernardino Police Officers Association
          SEIU California


          OPPOSITION:   (Verified8/22/16)


          Bonita-Sunnyside Fire Protection District
          California Association of Joint Powers Authorities
          California Coalition of Workers' Compensation
          California Insurance Pool Authority
          California Police Chiefs Association 
          California Special Districts Association
          California State Association of Counties
          California State Association of Counties- Excess Insurance  
          Authority 
          California State Sheriffs' Association








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          City of Anderson
          City of Buena Park
          City of Chino
          City of Fountain Valley
          City of Grover Beach
          City of Menifee
          City of Monrovia
          City of Montclair
          City of Newport Beach 
          City of Plymouth
          City of Rancho Cucamonga
          City of Redding 
          City of San Luis Obispo
          City of Santa Maria
          City of Torrance
          City of Ventura
          City of Villa Park
          City of Visalia
          CSAC Excess Insurance Authority 
          League of California Cities 
          Los Angeles County Board of Supervisors 
          Mayor and City Council of the City of Sacramento
          Public Agency Risk Sharing Authority of California 
          Rural County Representatives of California


          ARGUMENTS IN SUPPORT:     Proponents note that California's  
          firefighters, police officers, and sheriffs face significant  
          risks on the job, including a higher likelihood of injury.  
          Proponents argue that the existing leave provisions reflect  
          that, as the Governor and Legislature wanted to ensure that a  
          peace officer facing those risks would not face financial  
          devastation. Proponents argue that SB 897 continues this  
          tradition by granting California's firefighters, police  
          officers, and sheriffs an additional year of leave in order to  
          return to active duty after a catastrophic injury. Proponents  
          note that this extra year will allow firefighters, police  
          officers, and sheriffs to heal from their injuries and return to  
          work when they can, rather than rush back to work still injured  
          and possibly hurt themselves and others.










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          Opponents note that, under current law, police officers,  
          sheriffs, and firefighters have access to a year of paid leave  
          under Labor Code Section 4850, as well as a year of 2/3 wage  
          replacement through TD benefits, both of which are tax-free  
          benefits. Opponents argue that these benefits are significant,  
          and are paid out by self-insured cities and counties on a  
          pay-as-you-go basis. Opponents argue that requiring additional  
          disability benefits will require cities and counties to remove  
          funding from existing services, without necessarily resulting in  
          the injured police officer, sheriff, or firefighter returning to  
          work.


          GOVERNOR'S VETO MESSAGE:


               I am returning Senate Bill 897 without my signature.

               This bill doubles from one to two years special leave  
               benefits for police officers, firefighters, or sheriffs who  
               are disabled by a qualifying catastrophic injury. This  
               leave is required to be provided at full salary and  
               tax-free, resulting in take home pay that is higher than  
               pre-injury wages.

               I was concerned when told this bill was prompted by a City  
               of Riverside police officer who nearly lost his health  
               benefits while on temporary disability. In that case, the  
               City chose to extend the officer's benefits. Upon closer  
               review, I have not found any other city which terminates  
               the health benefits of police officers while they are on  
               temporary disability.

               As noted in my veto of AB 1451 last year, this disability  
               leave benefit drives up costs significantly. Many local  
               agencies are under significant financial stress. They must  
               consider employee benefit increases in light of competing  
               demands for critical services and long term pension and  
               health care debts.

               In light of all this, I believe the decision on how to  
               handle cases such as this is best left to the local  








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               jurisdiction.


          ASSEMBLY FLOOR:  71-2, 8/22/16
          AYES:  Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Mullin, Nazarian, O'Donnell, Patterson,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,  
            Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Rendon
          NOES:  Achadjian, Harper
          NO VOTE RECORDED:  Frazier, Beth Gaines, Gordon, Hadley,  
            Melendez, Obernolte, Olsen


          Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556
          10/19/16 10:46:05


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