BILL NUMBER: AB 2383 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 21, 2014
An act to amend Section 1771 of the Labor Code, relating
to public works. Sections 4800.5 and 4850 of the Labor
Code, relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2383, as amended, Achadjian. Public works: prevailing
wages. Workers' compensation: payments: public safety
employees.
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 requires that whenever an eligible sworn member of
the Department of the California Highway Patrol is disabled by a
single injury, excluding disabilities that are the result of
cumulative trauma or cumulative injuries, arising out of and in the
course of his or her duties, he or she is entitled, regardless of his
or her period of service with the department, to a leave of absence
while disabled without loss of salary, in lieu of disability
payments, for a period not exceeding one year. Benefits payable for
eligible sworn members of the department whose disability is solely
the result of cumulative trauma or injury are limited to the actual
period of temporary disability or entitlement to a vocational
rehabilitation maintenance allowance, or for one year, whichever is
less.
This bill would delete all references to the entitlement to a
vocational rehabilitation maintenance allowance as an alternative to
temporary disability.
Existing law provides that, whenever a person in one of specified
categories of local public safety employees, who is employed on a
regular, full-time basis, is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of
his or her duties, that person is entitled, regardless of his or her
period of service, to a leave of absence while so disabled without a
loss of salary in lieu of disability payments, or to a vocational
rehabilitation maintenance allowance payments, if any, for the period
of the disability, not exceeding one year.
This bill would specify that the above provisions apply with
respect to a single injury only, and would delete the above reference
to the entitlement to a vocational rehabilitation maintenance
allowance as an alternative to temporary disability.
Existing law generally defines "public works" for the purposes of
requirements regarding the payment of prevailing wages, to include
construction, alteration, demolition, installation, or repair work
done under contract and paid for in whole or in part out of public
funds. Existing law generally requires that not less than the general
prevailing rate of per diem wages be paid to workers employed on
public works projects, and imposes misdemeanor penalties for a
violation of this requirement. Existing law exempts certain projects
from the prevailing wage requirements, including public works
projects of less than $1,000.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4800.5 of the Labor
Code is amended to read:
4800.5. (a) Whenever any a sworn
member of the Department of the California Highway Patrol is disabled
by a single injury, excluding disabilities that are the result of
cumulative trauma or cumulative injuries, arising out of and in the
course of his or her duties, he or she shall become
is entitled, regardless of his or her period of
service with the patrol, to a leave of absence while so
disabled without loss of salary, in lieu of disability payments under
this chapter, for a period of not exceeding one year. This section
shall apply only to members of the Department of the California
Highway Patrol whose principal duties consist of active law
enforcement and shall not apply to persons employed in the Department
of the California Highway Patrol whose principal duties are those of
telephone operator, clerk, stenographer, machinist, mechanic, or
otherwise clearly not falling within the scope of active law
enforcement service, even though this person is subject to occasional
call or is occasionally called upon to perform the duties of active
law enforcement service.
(b) Benefits payable for eligible sworn members of the Department
of the California Highway Patrol whose disability is solely the
result of cumulative trauma or injury shall be
is limited to the actual period of temporary disability
or entitlement to maintenance allowance, or for
one year, whichever is less.
(c) This section shall not apply to periods of disability that
occur subsequent to termination of employment by resignation,
retirement, or dismissal. When this section does not apply, the
employee shall be eligible for those benefits that would apply had
this section not been enacted.
(d) The appeals board may determine, upon request of any party,
whether or not the disability referred to in this section arose out
of and in the course of duty. In any action in which a dispute exists
regarding the nature of the injury or the period of temporary
disability or entitlement to maintenance allowance, or both
, and upon the request of any party thereto, the appeals
board shall determine when the disability commenced and ceased, and
the amount of benefits provided by this division to which the
employee is entitled during the period of this disability. The
appeals board shall have the jurisdiction to award and enforce
payment of these benefits, subject to subdivision (a) or (b),
pursuant to Part 4 (commencing with Section 5300). A decision issued
by the appeals board under this section is final and binding upon the
parties subject to the rights of appeal contained in Chapter 7
(commencing with Section 5900) of Part 4.
(e) Except as provided in subdivision (g), this section shall
apply for periods of disability commencing on or after January 1,
1995.
(f) This section does not apply to peace officers designated under
subdivision (a) of Section 2250.1 of the Vehicle Code.
(g) Peace officers of the California State Police Division who
become sworn members of the Department of the California Highway
Patrol as a result of the Governor's Reorganization Plan No. 1 of
1995, other than those officers described in subdivision (f), shall
be eligible for injury benefits accruing to sworn members of the
Department of the California Highway Patrol under this division only
for injuries occurring on or after July 12, 1995.
SEC. 2. Section 4850 of the Labor Code
is amended to read:
4850. (a) Whenever any person listed in subdivision (b), who is
employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by injury or illness
arising out of and in the course of his or her duties from a
single injury , he or she shall become
is entitled, regardless of his or her period of service with
the city, county, or district, to a leave of absence while so
disabled without loss of salary in lieu of temporary disability
payments or maintenance allowance payments, if any,
that would be payable under this chapter, for the period of
the disability, but not exceeding one year, or until that earlier
date as he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
(b) The persons eligible under subdivision (a) include all of the
following:
(1) City police officers.
(2) City, county, or district firefighters.
(3) Sheriffs.
(4) Officers or employees of any sheriff's offices.
(5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
(6) County probation officers, group counselors, or juvenile
services officers.
(7) Officers or employees of a probation office.
(8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
(9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class or by the City of San Diego.
(10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
(11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
(12) Police officers of the Los Angeles Unified School District.
(c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a), and shall not
include any of the following:
(1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
(2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
(3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
(4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
(d) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
(e) No A leave of absence taken
pursuant to this section by a peace officer, as defined by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, or by a city, county, or district firefighter, shall
be deemed to does not constitute family care and
medical leave, as defined in Section 12945.2 of the Government Code,
or to reduce the time authorized for family care
and medical leave by Section 12945.2 of the Government Code.
(f) This section shall not apply to any persons described in
paragraph (1) or (2) of subdivision (b) who are employees of the City
and County of San Francisco.
(g) Amendments to subdivision (f) made by the act adding
this subdivision Chapter 74 of the Statutes of 2010
shall be applied retroactively to January 1, 2010.
SECTION 1. Section 1771 of the Labor Code is
amended to read:
1771. (a) Except for public works projects of one thousand
dollars ($1,000) or less, not less than the general prevailing rate
of per diem wages for work of a similar character in the locality in
which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed
on public works.
(b) This section is applicable only to work performed under
contract, and is not applicable to work carried out by a public
agency with its own forces.
(c) This section is applicable to contracts let for maintenance
work.