| 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. |
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| 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 |
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| 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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| 30 | 27 | | |
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| 31 | 28 | | 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. |
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| 32 | 29 | | |
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| 33 | 30 | | 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. |
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| 34 | 31 | | |
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| 35 | 32 | | 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. |
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| 36 | 33 | | |
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| 37 | 34 | | 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. |
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| 38 | 35 | | |
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| 39 | 36 | | ## Digest Key |
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| 40 | 37 | | |
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| 41 | 38 | | ## Bill Text |
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| 42 | 39 | | |
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| 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. |
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| 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. |
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| 44 | 41 | | |
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| 45 | 42 | | The people of the State of California do enact as follows: |
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| 46 | 43 | | |
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| 47 | 44 | | ## The people of the State of California do enact as follows: |
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| 48 | 45 | | |
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| 49 | 46 | | 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. |
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| 50 | 47 | | |
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| 51 | 48 | | SECTION 1. Section 3212.11 of the Labor Code is amended to read: |
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| 52 | 49 | | |
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| 53 | 50 | | ### SECTION 1. |
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| 54 | 51 | | |
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| 55 | 52 | | 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. |
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| 56 | 53 | | |
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| 57 | 54 | | 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. |
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| 58 | 55 | | |
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| 59 | 56 | | 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. |
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| 60 | 57 | | |
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| 61 | 58 | | |
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| 62 | 59 | | |
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| 63 | 60 | | 3212.11. (a) This section applies to all of the following: |
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| 64 | 61 | | |
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| 65 | 62 | | (1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision. |
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| 66 | 63 | | |
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| 67 | 64 | | (2) Active state lifeguards employed by the Department of Parks and Recreation. |
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| 68 | 65 | | |
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| 69 | 66 | | (3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code. |
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| 70 | 67 | | |
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| 71 | 68 | | (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. |
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| 72 | 69 | | |
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| 73 | 70 | | (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. |
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| 74 | 71 | | |
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| 75 | 72 | | (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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| 76 | 73 | | |
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| 77 | 74 | | (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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| 78 | 75 | | |
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| 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. |
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| 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. |
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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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| 86 | | - | |
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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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| 88 | | - | |
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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. |
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| 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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| 85 | + | |
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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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| 87 | + | |
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| 88 | + | |
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| 89 | + | |
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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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| 91 | + | |
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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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| 93 | + | |
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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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| 106 | 121 | | |
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| 107 | 122 | | (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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| 108 | 123 | | |
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| 109 | 124 | | 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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| 110 | 125 | | |
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| 111 | 126 | | 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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| 112 | 127 | | |
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| 113 | 128 | | 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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| 114 | 129 | | |
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| 115 | 130 | | ### SEC. 2. |
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