BILL ANALYSIS
AB 586
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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