BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2069|
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THIRD READING
Bill No: AB 2069
Author: Solorio (D), et al.
Amended: 5/24/12 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-0, 6/27/12
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland, Runner
ASSEMBLY FLOOR : Not relevant
SUBJECT : Workers compensation: peace officer benefits
SOURCE : Orange County Employees Association
DIGEST : This bill extends the children and spouses of a
Sheriffs Special Officer (SSO) of the County of Orange to
receive educational scholarships and health benefits should
he/she die or be totally disabled in the line of duty.
ANALYSIS : Under existing law, a dependent of a peace
officer, an officer or employee of the Department of
Corrections or the Department of the Youth Authority, or a
firefighter employed by a county, city, city and county,
district, or other political subdivision of the state who
is killed in the performance of duty or who dies or is
totally disabled as a result of an accident or an injury
incurred in the performance of duty, is entitled to a
scholarship at any qualifying institution, as specified.
The scholarship shall be in an amount equal to the amount
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provided a student who has been awarded a Cal Grant
scholarship, as specified.
Existing law defines "dependent" as the children (natural
or adopted) or spouse, at the time of the death or injury,
of the peace officer, law enforcement officer, or
firefighter. (Labor Code Section 4709) Among other
things, existing law provides that:
1. The scholarship provided is paid out of funds annually
appropriated in the Budget Act to the Student Aid
Commission for disbursement.
2. Receipt of this scholarship does not preclude a
dependent from receiving any other grant, or any fee
waivers that may be provided by an institution of higher
education.
3. Eligibility for a scholarship is limited to a person who
demonstrates financial need, as specified, except that
for purposes of determining financial need, the proceeds
of death benefits received, as specified, any private
scholarship or any interest received from these benefits
is not considered.
Under existing law, whenever any local employee who is a
firefighter, or specified peace officer, is killed in the
performance of his/her duty or dies as a result of an
accident or injury caused by external violence or physical
force incurred in the performance of his/her duty, the
employer shall continue providing health benefits to the
deceased employee's spouse under the same terms and
conditions provided prior to the death, or prior to the
accident or injury that caused the death. However, the
surviving spouse may elect to receive a lump-sum survivor's
benefit in lieu of monthly benefits. Minor dependents
shall continue to receive benefits under the coverage
provided the surviving spouse or, if there is no surviving
spouse, until the age of 21 years. (Labor Code Section
4856)
This bill extends these scholarship and health benefits to
dependents of SSOs of the County of Orange who are killed
or totally disabled in the performance of duty.
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Comments
Sheriff's Special Officers . According to the Orange County
Sheriff's Department Web site, a SSO is a law enforcement
position that provides opportunity for diverse assignments
related to public safety and security. SSOs are aviation
security specialists at John Wayne Airport, provide Police
Services for the Orange county Transit Authority, work as
civil bailiffs in the County courthouses, monitor inmates
within Orange County's five correctional facilities,
maintain Sheriff's Evidence and Property and provide
security at county buildings and facilities.
Under existing Penal Code (PEN) Section 830.33 and Section
830.36, the following are classified as peace officers
whose authority extends to any place in the state:
1. Transit police officer or peace officers of a county,
city, transit development board, or district, if the
primary duty of the officer is the enforcement of the
law in or about properties owned, operated, or
administered by the employing agency.
2. Any person regularly employed as an airport law
enforcement officer by a city, county, or district
operating the airport or by a joint powers agency, if
the primary duty of the peace officer is the enforcement
of the law in or about properties owned, operated, and
administered by the employing agency.
3. Marshalls of the Supreme Court and bailiffs of the
courts of appeal, and coordinators of security for the
judicial branch, if the primary duty of the peace
officer is the enforcement of the law in or about
properties owned.
4. Court service officers in a county of the second class
and third class, if the primary duty of the peace
officer is the enforcement of the law in or about
properties owned, operated, or administered by the
employing agency.
Existing law provides educational scholarships to
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dependents of specified peace officers if the peace officer
is killed or permanently disabled on duty. Existing law
also requires the employer of a peace officer who is killed
on duty to continue providing health benefits to the
deceased employee's spouse unless the spouse elects to
receive a lump-sum benefit in lieu of monthly benefits.
Existing law requires that minor dependents continue to
receive the health benefits until the age of 21 years.
Need for this bill . According to the sponsors of this
bill, the Orange County Sheriff's Policy Manual defines
SSOs as, "Sheriff Special Officers (SSO) - are assigned to
the more routine duties in County Jail Facilities, fixed
posts and patrol assignments at various county facilities,
including John Wayne Airport, County Justice Centers,
County Jails and County Properties and special district
facilities. For the purpose of this policy manual and when
applicable, the term 'Deputy' will be synonymous with
Sheriff Special Officer (SSO)."
It appears that although SSOs perform similar duties as
other peace officers classified in PEN (and are classified
as deputies like other peace officers in the county), they
are not eligible for the scholarships and health benefits
available to their dependents should they die or suffer
total disability on the job. Because SSOs perform various
duties that do not necessary fall within the peace officer
positions defined in PEN, this bill ensures that these
peace officer benefits are extended to SSOs who serve
people of the County of Orange.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/6/12)
Orange County Employees Association (source)
ARGUMENTS IN SUPPORT : According to the proponents, SSOs
are peace officers assigned to the more routine duties in
county jail facilities, and fixed posts and patrol
assignments at various county facilities, including John
Wayne Airport, county justice centers, county properties
and special district facilities. Currently, there are 320
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SSOs in Orange County. They argue that while SSOs do not
have peace officer status; the Sheriff's Department trains
SSOs, classifies SSOs, and utilizes SSOs as peace officers.
They are expected to perform the functions of peace
officers under the cost savings guise of a "security"
classification. That classification means SSO families
would not be eligible for the same benefits as peace
officer families if their loved one is killed in the line
of duty.
Proponents argue that currently, the only recourse for a
spouse or beneficiary is to sue to acquire the benefits
they should be entitled to. According to the sponsor, the
responsibilities and training requirements for SSOs have
steadily increased over the years and they now must pass an
18-week POST course which teaches the same learning domains
as those required to become a deputy sheriff. The sponsors
argue that SSOs are simply trying to fix the inequities
that exist in the fact that they are trained, work and are
defined as peace officers but work without the protection
of their families receiving proper benefits should they die
on the job. This bill corrects this inequity that exists
in the case of death to a SSO by extending the same death
benefits to surviving SSOs families that the families of
Orange County peace officers receive.
PQ:k 8/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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