BILL ANALYSIS
AB 586
Page 1
ASSEMBLY THIRD READING
AB 586 (Huber)
As Amended May 7, 2009
Majority vote
INSURANCE 7-2 APPROPRIATIONS 12-5
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|Ayes:|Coto, Charles Calderon, |Ayes:|De Leon, Ammiano, Charles |
| |Carter, Feuer, Hayashi, | |Calderon, Davis, Fuentes, |
| |Hill, Torres | |Hall, John A. Perez, Price, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Krekorian |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Blakeslee, Niello |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
| | | | |
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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 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 Penal Code
Sections 830.1 through 830.38. Peace officers who are
employees of the UC and CSU systems would benefit from this
provision.
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.
AB 586
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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.
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 five years after separation.
4)Provides that the MRSA presumption applies for a period of 90
days after separation.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Cumulative costs of millions of General Fund (GF) dollars,
combined, to several dozen CSU, UC, and UC medical center
campuses to the extent this bill increases future workers'
compensation costs for the payment of full hospital, surgical,
medical treatment, disability indemnity, and death benefits
for numerous presumptions regarding cardiovascular, cancer,
and blood-borne disease. Annual costs will depend on the
health status of professions gaining access to these
presumptions. Annual GF costs may be in the range of $100,000
to $200,000.
2)Most public agencies are self-insured for workers'
compensation claims, rather than paid through premiums.
Payments are treated in a pay as you go manner. Therefore,
any increase in costs has a direct impact on public funds.
COMMENTS :
1)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
AB 586
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police agencies.
2)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.
Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086
FN: 0001156