AB 375 - An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.

Workers’ compensation: hospital employees: presumption. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases.
More
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases.

This bill would provide, with respect to hospital employees who provide direct patient care in an acute care hospital, as defined, that the term “injury” includes a bloodborne infectious disease, as defined, or methicillin-resistant Staphylococcus aureus (MRSA) that develops or manifests itself during the period of the person’s employment with the hospital.

This bill would further create a disputable presumption that the above injury arises out of and in the course of the person’s employment if it develops or manifests as specified. Hide
 
Status:
The bill was voted on by the Senate on September 9, 2011. 
Senate Committee on Appropriations Vote: Do pass.

PASSED on August 25, 2011.

voted YES: 6 voted NO: 3
0 voted present/not voting

An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.

AB 375 — 2011-2012 Legislature

Summary
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases.

This bill would provide, with respect to hospital employees who provide direct patient care in an acute care hospital, as defined, that the term “injury” includes a bloodborne infectious disease, as defined, or methicillin-resistant Staphylococcus aureus (MRSA) that develops or manifests itself during the period of the person’s employment with the hospital.

This bill would further create a disputable presumption that the above injury arises out of and in the course of the person’s employment if it develops or manifests as specified.
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.
Author(s)
Nancy Skinner
Co-Authors
Subjects
  • Workers’ compensation: hospital employees: presumption
Major Actions
Introduced2/14/2011
Referred to Committee
Passed Assembly Committee on Insurance4/13/2011
Passed Assembly Committee on Appropriations5/27/2011
Passed Assembly6/01/2011
Passed Senate Committee on Labor and Industrial Relations6/22/2011
Passed Senate Committee on Appropriations8/15/2011
Passed Senate Committee on Appropriations8/25/2011
Failed passage in Senate9/07/2011
Passed Senate9/07/2011
Failed passage in Senate9/09/2011
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on InsuranceDo pass and be re-referred to the Committee on Appropriations.4/13/2011This motion PASSED the Assembly Committee on Insurance
8 voted YES 4 voted NO 0 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass as amended.5/27/2011This motion PASSED the Assembly Committee on Appropriations
12 voted YES 5 voted NO 0 voted present/not voting
select this voteAssemblyAB 375 SKINNER Assembly Third Reading6/01/2011This bill PASSED the Assembly
49 voted YES 25 voted NO 6 voted present/not voting
select this voteSenate Committee on Labor and Industrial RelationsDo pass as amended, and re-refer to the Committee on Appropriations.6/22/2011This motion PASSED the Senate Committee on Labor and Industrial Relations
5 voted YES 1 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/15/2011This motion PASSED the Senate Committee on Appropriations
8 voted YES 0 voted NO 1 voted present/not voting
currently selectedSenate Committee on AppropriationsDo pass.8/25/2011This motion PASSED the Senate Committee on Appropriations
6 voted YES 3 voted NO 0 voted present/not voting
select this voteSenateAssembly 3rd Reading AB375 Skinner By Padilla9/07/2011This bill DID NOT PASS the Senate
20 voted YES 15 voted NO 5 voted present/not voting
select this voteSenateAssembly 3rd Reading AB375 Skinner By Padilla Reconsider9/07/2011This bill PASSED the Senate
36 voted YES 0 voted NO 4 voted present/not voting
select this voteSenateAssembly 3rd Reading AB375 Skinner By Padilla9/09/2011This bill DID NOT PASS the Senate
20 voted YES 16 voted NO 4 voted present/not voting
ActionDateDescription
Introduced2/14/2011
2/14/2011Read first time. To print.
2/15/2011From printer. May be heard in committee March 17.
2/24/2011Referred to Com. on INS.
4/13/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (April 13). Re-referred to Com. on APPR.
select this voteVote4/13/2011Do pass and be re-referred to the Committee on Appropriations.
5/04/2011In committee: Set, first hearing. Referred to APPR. suspense file.
select this voteVote5/27/2011Do pass as amended.
5/27/2011From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27). Read second time and amended. Ordered to second reading.
5/31/2011Read second time. Ordered to third reading.
6/01/2011Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 25. Page 1720.)
6/01/2011In Senate. Read first time. To Com. on RLS. for assignment.
select this voteAssembly Vote on Passage6/01/2011AB 375 SKINNER Assembly Third Reading
6/08/2011Referred to Com. on L. & I.R.
select this voteVote6/22/2011Do pass as amended, and re-refer to the Committee on Appropriations.
6/23/2011In committee: Set, first hearing. Hearing canceled at the request of author.
6/28/2011From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22).
6/29/2011Read second time and amended. Re-referred to Com. on APPR.
7/05/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
select this voteVote8/15/2011Placed on Appropriations Suspense file.
8/15/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. In committee: Referred to APPR. suspense file.
8/18/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
currently selectedVote8/25/2011Do pass.
8/25/2011From committee: Do pass. (Ayes 6. Noes 3.) (August 25).
8/29/2011Read second time. Ordered to third reading.
8/31/2011Read third time and amended. Ordered to second reading.
9/01/2011Read second time. Ordered to third reading.
9/07/2011Read third time. Refused passage. (Ayes 20. Noes 15. Page 2365.). Motion to reconsider made by Senator Padilla. Reconsideration granted. (Ayes 36. Noes 0. Page 2365.)
select this voteSenate Vote on Passage9/07/2011Assembly 3rd Reading AB375 Skinner By Padilla
select this voteSenate Vote on Passage9/07/2011Assembly 3rd Reading AB375 Skinner By Padilla Reconsider
9/09/2011Read third time. Refused passage. (Ayes 20. Noes 16. Page 2474.).
select this voteSenate Vote on Passage9/09/2011Assembly 3rd Reading AB375 Skinner By Padilla

Total contributions given to Senators within 30 days of the vote "Do pass." from Manufacturing, which…

supported this motion

opposed this motion

Manufacturing
Date Range of Contributions
Within days of the vote "Do pass."
ContributorInterest groupAmountDateSenate memberPartyDistrictsort iconVote
3mManufacturing$1,5009/16/11Doug La MalfaRCA-4
18 Organizations Supported and 20 Opposed; See Which Ones

Organizations that took a position on
An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.: Do pass.

18 organizations supported this motion

AFL-CIO
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Amalgamated Transit Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
American Federation of State, County and Municipal Employees
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
CA Official Court Reporters Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California National Organization for Women
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Consumer Attorneys of California
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Engineers and Scientist of California
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Association of Fire Fighters
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Association of Machinists and Aerospace Workers
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Brotherhood of Teamsters
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Longshore and warehouse Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
National Nurses United
NNU (2011, April 14). 2011 California Legislative Priorities. Retrieved April 21, 2011, from NNU.
Professional and Technical Engineers, Local 21
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
San Bernardino Public Employees Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
UNITE HERE!
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
United Food and Commercial Workers International Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
United Nurses Associations of California / Union of Health Care Professionals (UNAC/UHCP)
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Utility Workers Union of America, Local 132
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.

20 organizations opposed this motion

Acclamation Insurance Management Services
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Allied Managed Care
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
ALPHA Fund
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
American Insurance Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Association of California Healthcare Districts
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Association for Health Services at Home
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Association of Joint Powers Authorities
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Chamber of Commerce
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Coalition on Workers’ Compensation
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Grocers Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Hospital Association
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Manufacturers and Technology Association
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Special Districts Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California State Association of Counties
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
County of San Bernardino
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
CSAC-Excess Insurance Authority
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Property Casualty Insurers Association of America
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Regional Council of Rural Counties
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
University of California
Dooley, Daniel M. (2011, April 7). Letter to Assembly Member Solorio. Retrieved April 21, 2011, from UCOP.
Western Occupational and Environmental Medical Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.

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Includes reported contributions to campaigns of Senators in office on day of vote, from Manufacturing interest groups, July 26, 2011 – September 24, 2011.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

NamePartyDistrictsort icon$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Ted GainesRCA-1$0$0
Noreen EvansDCA-2$0$0
Mark LenoDCA-3$0$0
Doug La MalfaRCA-4$0$1,500
Lois WolkDCA-5$0$0
Darrell SteinbergDCA-6$0$0
Mark DeSaulnierDCA-7$0$0
Leland YeeDCA-8$0$0
Loni HancockDCA-9$0$0
Ellen CorbettDCA-10$0$0
Joe SimitianDCA-11$0$0
Anthony CannellaRCA-12$0$0
Elaine AlquistDCA-13$0$0
Tom BerryhillRCA-14$0$0
Sam BlakesleeRCA-15$0$0
Michael RubioDCA-16$0$0
Sharon RunnerRCA-17$0$0
Jean FullerRCA-18$0$0
Tony StricklandRCA-19$0$0
Alex PadillaDCA-20$0$0
Carol LiuDCA-21$0$0
Kevin De LeonDCA-22$0$0
Fran PavleyDCA-23$0$0
Ed HernandezDCA-24$0$0
Rod WrightDCA-25$0$0
Curren PriceDCA-26$0$0
Alan LowenthalDCA-27$0$0
Ted LieuDCA-28$0$0
Bob HuffRCA-29$0$0
Ron CalderonDCA-30$0$0
Bob DuttonRCA-31$0$0
Gloria Negrete McLeodDCA-32$0$0
Mimi WaltersRCA-33$0$0
Lou CorreaDCA-34$0$0
Tom HarmanRCA-35$0$0
Joel AndersonRCA-36$0$0
Bill EmmersonRCA-37$0$0
Mark WylandRCA-38$0$0
Christine KehoeDCA-39$0$0
Juan VargasDCA-40$0$0

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Elaine AlquistDCA-13$0$0
Joel AndersonRCA-36$1,000$2,000
Tom BerryhillRCA-14$0$0
Sam BlakesleeRCA-15$0$0
Ron CalderonDCA-30$0$0
Anthony CannellaRCA-12$0$1,000
Ellen CorbettDCA-10$0$0
Lou CorreaDCA-34$0$0
Kevin De LeonDCA-22$3,500$5,000
Mark DeSaulnierDCA-7$7,500$1,000
Bob DuttonRCA-31$0$0
Bill EmmersonRCA-37$2,500$1,500
Noreen EvansDCA-2$3,400$0
Jean FullerRCA-18$1,000$2,000
Ted GainesRCA-1$0$2,500
Loni HancockDCA-9$1,000$2,000
Tom HarmanRCA-35$0$0
Ed HernandezDCA-24$0$2,500
Bob HuffRCA-29$1,349$4,000
Christine KehoeDCA-39$0$0
Doug La MalfaRCA-4$0$1,500
Mark LenoDCA-3$5,300$0
Ted LieuDCA-28$6,000$5,000
Carol LiuDCA-21$2,000$0
Alan LowenthalDCA-27$0$0
Gloria Negrete McLeodDCA-32$0$0
Alex PadillaDCA-20$0$0
Fran PavleyDCA-23$6,000$0
Curren PriceDCA-26$0$0
Michael RubioDCA-16$1,000$11,300
Sharon RunnerRCA-17$0$0
Joe SimitianDCA-11$0$0
Darrell SteinbergDCA-6$10,000$18,900
Tony StricklandRCA-19$0$0
Juan VargasDCA-40$0$1,500
Mimi WaltersRCA-33$2,000$4,000
Lois WolkDCA-5$4,000$1,400
Rod WrightDCA-25$3,800$6,500
Mark WylandRCA-38$0$0
Leland YeeDCA-8$0$0

Interest Groups that supported this motion

$ Donated
Police & fire fighters unions and associations$29,000
Attorneys & law firms$17,349
Health worker unions$5,500
Other unions$4,000
State & local government employee unions$3,000
Transportation unions$2,500
Teamsters unions$0
Energy-related unions (non-mining)$0
Women's issues$0
Food service & related unions$0
Labor unions$0
Civil service & government unions$0
Manufacturing unions$0
Merchant marine & longshoremen unions$0

Interest Groups that opposed this motion

$ Donated
Food stores$27,800
Accident & health insurance$19,500
Property & casualty insurance$13,000
Insurance agencies, brokers & agents$6,000
Pro-business organizations$3,800
Manufacturing$1,500
Finance, insurance & real estate$1,000
Schools & colleges$1,000
Hospitals$0
Home care services$0
Management consultants & services$0
Chambers of commerce$0
Municipal & county government organizations$0
Public official (elected or appointed)$0
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