BILL NUMBER: AB 1817	CHAPTERED  07/19/00

	CHAPTER   138
	FILED WITH SECRETARY OF STATE   JULY 19, 2000
	APPROVED BY GOVERNOR   JULY 19, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   MAY 18, 2000
	AMENDED IN ASSEMBLY   MAY 4, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000

INTRODUCED BY   Assembly Member Correa

                        FEBRUARY 3, 2000

   An act to add Section 31720.7 to the Government Code, relating to
county employees' disability retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1817, Correa.  County employees' disability retirement:
blood-borne diseases.
   The County Employees Retirement Law of 1937 provides that, for
purposes of qualification for disability retirement benefits, the
development of cancer by specified safety members, firefighters, and
members in active law enforcement shall be presumed, as specified, to
arise out of and in the course of employment.
   This bill would prescribe a similar presumption in the case of the
development of a blood-borne infectious disease, as defined, by any
of those specified members and county probation officers, and would
define "members in active law enforcement" for purposes of that
presumption.


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


  SECTION 1.  Section 31720.7 is added to the Government Code, 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, the disease so developing or
manifesting itself in those cases shall be presumed to arise out of,
and in the course of, employment if the member demonstrates that he
or she was exposed to blood or blood products as a result of
performance of job duties.  The disease so developing or manifesting
itself in those cases shall in no case be attributed to any disease
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 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, excepting 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.