BILL NUMBER: AB 585 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Fong
FEBRUARY 16, 2011
An act to amend Section 5841 of the Revenue and Taxation
Code, relating to taxation. An act to amend Section
3212.1 of the Labor Code, relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 585, as amended, Fong. Property taxation: manufactured
homes: Department of Housing and Community Development: information
to assessor. Workers' compensation: cancer
presumption.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment. Existing law
provides that in the case of active firefighting members of certain
fire departments and in the case of certain peace officers, a
compensable injury includes cancer that develops or manifests itself
during the period when the firefighter or peace officer demonstrates
that he or she was exposed, while in the service of the public
agency, to a known carcinogen, as defined. Existing law establishes a
presumption that the cancer in these cases is presumed to arise out
of, and in the course of, employment, unless the presumption is
controverted by evidence that the primary site of the cancer has been
established and that the carcinogen to which the member has
demonstrated exposure is not reasonably linked to the disabling
cancer.
This bill would extend this presumption to active firefighting
members of a fire department serving a United States government
installation who adhere to specified training standards.
The existing Manufactured Home Property Tax Law provides for the
taxation of manufactured homes, as defined, as personal property
pursuant to requirements, definitions, and procedures similar to
those applicable to the taxation of property generally. Existing law
requires the Department of Housing and Community Development to
furnish to the county assessor of the county in which a manufactured
home is sited a listing of all new registrations and titles to
manufactured homes sited, or to be sited, in that county, as
provided.
The bill would additionally require on or before March 1, 2012,
the Department of Housing and Community Development to furnish to the
county assessor with a complete list of all manufactured homes on
record sited within the county, as provided. This bill would require
all information furnished to the county assessor to be in a standard
text or comma delimited format that can be imported into internal
applications.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3212.1 of the Labor
Code is amended to read:
3212.1. (a) This section applies to all of the following:
(1) Active firefighting members, whether volunteers, partly paid,
or fully paid, of all of the following fire departments:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a
United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards for
firefighters.
(3) Active firefighting members of a fire department that serves a
United States government installation and who adhere to training
standards established in accordance with Article 4 (commencing with
Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health
and Safety Code.
(3)
(4) Peace officers, as defined in Section 830.1,
subdivision (a) of Section 830.2, and subdivisions (a) and (b) of
Section 830.37, of the Penal Code, who are primarily engaged in
active law enforcement activities.
(4)
(5) (A) Fire and rescue services coordinators who work
for the Office of Emergency Services.
(B) For purposes of this paragraph, "fire and rescue services
coordinator" means a coordinator with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be controverted by
evidence that the primary site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer. Unless so
controverted, the appeals 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
120 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
(e) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, including, but
not limited to, claims for benefits filed on or after that date that
have previously been denied, or that are being appealed following
denial.
(f) This section shall be known, and may be cited, as the William
Dallas Jones Cancer Presumption Act of 2010.
SECTION 1. Section 5841 of the Revenue and
Taxation Code is amended to read:
5841. (a) The Department of Housing and Community Development
shall furnish to the county assessor of the county in which a
manufactured home is sited, both of the following:
(1) On or before the last day of each calendar month, a listing
of all new registrations and titles to manufactured homes sited, or
to be sited, in that county.
(2) On or before March 1, 2012, a complete list of all
manufactured homes sited within that county, including those
manufactured homes not subject to property tax that pay an in lieu
fee to the Department of Housing and Community Development.
(b) The information required to be furnished to the county
assessor pursuant to subdivision (a) shall be in a standard text or
comma delimited format that can be imported into internal
applications.