California 2023-2024 Regular Session

California Senate Bill SB391 Compare Versions

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1-Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly September 07, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 391Introduced by Senator BlakespearFebruary 09, 2023An act to amend Section 3212.11 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTSB 391, Blakespear. Workers compensation: skin cancer.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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if this bill and AB 699 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
1+Amended IN Assembly September 07, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 391Introduced by Senator BlakespearFebruary 09, 2023An act to amend Section 3212.11 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTSB 391, as amended, Blakespear. Workers compensation: skin cancer.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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if this bill and AB 699 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:3212.11.This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.Skin(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.Skin(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.This section(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
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3- Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly September 07, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 391Introduced by Senator BlakespearFebruary 09, 2023An act to amend Section 3212.11 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTSB 391, Blakespear. Workers compensation: skin cancer.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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if this bill and AB 699 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly September 07, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 391Introduced by Senator BlakespearFebruary 09, 2023An act to amend Section 3212.11 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTSB 391, as amended, Blakespear. Workers compensation: skin cancer.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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if this bill and AB 699 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly September 07, 2023
5+ Amended IN Assembly September 07, 2023
66
7-Enrolled September 15, 2023
8-Passed IN Senate September 13, 2023
9-Passed IN Assembly September 12, 2023
107 Amended IN Assembly September 07, 2023
118
129 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1310
1411 Senate Bill
1512
1613 No. 391
1714
1815 Introduced by Senator BlakespearFebruary 09, 2023
1916
2017 Introduced by Senator Blakespear
2118 February 09, 2023
2219
2320 An act to amend Section 3212.11 of the Labor Code, relating to workers compensation.
2421
2522 LEGISLATIVE COUNSEL'S DIGEST
2623
2724 ## LEGISLATIVE COUNSEL'S DIGEST
2825
29-SB 391, Blakespear. Workers compensation: skin cancer.
26+SB 391, as amended, Blakespear. Workers compensation: skin cancer.
3027
3128 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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if this bill and AB 699 are enacted and this bill is enacted last.
3229
3330 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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.
3431
3532 This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.
3633
3734 This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if this bill and AB 699 are enacted and this bill is enacted last.
3835
3936 ## Digest Key
4037
4138 ## Bill Text
4239
43-The people of the State of California do enact as follows:SECTION 1. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
40+The people of the State of California do enact as follows:SECTION 1. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:3212.11.This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.Skin(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.Skin(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.This section(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
4441
4542 The people of the State of California do enact as follows:
4643
4744 ## The people of the State of California do enact as follows:
4845
4946 SECTION 1. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
5047
5148 SECTION 1. Section 3212.11 of the Labor Code is amended to read:
5249
5350 ### SECTION 1.
5451
5552 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
5653
5754 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
5855
5956 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
6057
6158
6259
6360 3212.11. (a) This section applies to all of the following:
6461
6562 (1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.
6663
6764 (2) Active state lifeguards employed by the Department of Parks and Recreation.
6865
6966 (3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
7067
7168 (b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.
7269
7370 (c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
7471
7572 (d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
7673
7774 (e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
7875
79-SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
76+SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:3212.11.This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.Skin(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.Skin(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.This section(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
8077
8178 SEC. 1.5. Section 3212.11 of the Labor Code is amended to read:
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8380 ### SEC. 1.5.
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85-3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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87-3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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89-3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
82+3212.11.This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The 3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.Skin(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.Skin(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.This section(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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86+This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The
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90+3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.Skin(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.Skin(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.This section(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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92+3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.Skin(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.Skin(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.This section(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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94+3212.11. (a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.(2) Active state lifeguards employed by the Department of Parks and Recreation.(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
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9396 3212.11. (a) This section applies to all of the following:
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9598 (1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.
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97100 (2) Active state lifeguards employed by the Department of Parks and Recreation.
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99102 (3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
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101-(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.
104+(b) The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.
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103-(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
106+Skin
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110+(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
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112+Skin
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105116 (d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
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118+This section
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106121
107122 (e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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109124 SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
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111126 SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
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113128 SEC. 2. Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.
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115130 ### SEC. 2.