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AB-1028 Workers’ compensation.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1028:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1028


Introduced by Assembly Member Bocanegra

February 16, 2017


An act to amend Section 62.5 of the Labor Code, relating to employment. An act to amend Sections 3212.1 and 3213.2 of, and to repeal and add Sections 3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1028, as amended, Bocanegra. Department of Industrial Relations: funds. Workers’ compensation.
Existing law establishes a workers’ compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as members of the Department of the California Highway Patrol, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, lower back impairments, under certain conditions, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified.
Existing law authorizes the governing board of a school district to establish a security department or a police department to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district. Existing law provides that persons employed and compensated as members of a police department of a school district, when appointed and duly sworn, are peace officers. Existing law designates persons who meet specified criteria as peace officers.
This bill would expand the coverage of the workers’ compensation provisions relating to compensable injury to include peace officers employed by the security or police department of a school district. The bill would also make technical and clarifying changes.

Existing law establishes specified funds for expenditure by the Department of Industrial Relations for purposes relating to workers’ compensation, occupational safety and health, and enforcement activities, and requires the Director of Industrial Relations to impose for each fund separate surcharges on employers for purposes of deposit in the respective fund.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3212 of the Labor Code is repealed.
3212.

In the case of members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators or of police or fire departments of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether those members are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Game whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term “injury” as used in this act includes hernia when any part of the hernia develops or manifests itself during a period while the member is in the service in the office, staff, division, department, or unit, and in the case of members of fire departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of county forestry or firefighting departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Game whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term “injury” includes pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the office, staff, department, or unit. In the case of regular salaried county or city and county peace officers, the term “injury” also includes any hernia that manifests itself or develops during a period while the officer is in the service. The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state.

The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases 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 is bound to find in accordance with it. The presumption shall be extended to a member 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.

The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.

SEC. 2.

 Section 3212 is added to the Labor Code, to read:

3212.
 (a) As used in this division, the term “injury” includes both of the following:
(1) With respect to the following members, a hernia, when any part of the hernia develops or manifests itself during a period while the member is in the service of the office, staff, division, department, or unit:
(A) Members of a sheriff’s office or the Department of the California Highway Patrol, district attorney’s staff of inspectors and investigators, or police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether those members are volunteers, or are partly paid or fully paid.
(B) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether those members are volunteers, or are partly paid or fully paid.
(C) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service.
(D) Regular salaried county or city and county peace officers.
(E) Peace officers employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(2) With respect to the following members, pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the department:
(A) Members of fire departments.
(B) Members of county forestry or firefighting departments.
(C) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting.
(D) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service.
(b) The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state.
(c) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless controverted by other evidence, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member 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) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall not be attributed to any disease existing prior to that development or manifestation.
(e) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers.

SEC. 3.

 Section 3212.1 of the Labor Code is amended to read:

3212.1.
 (a) This section applies to all of the following:
(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B) A fire department of the University of California and the California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4) Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities.
(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.
(B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: the job classifications of coordinator, senior coordinator, or chief coordinator.
(6) Peace officers employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e) The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial.
(f) This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.

SEC. 4.

 Section 3212.5 of the Labor Code is repealed.
3212.5.

In the case of a member of a police department of a city or municipality, or a member of the State Highway Patrol, when any such member is employed upon a regular, full-time salary, and in the case of a sheriff or deputy sheriff, or an inspector or investigator in a district attorney’s office of any county, employed upon a regular, full-time salary, the term “injury” as used in this division includes heart trouble and pneumonia which develops or manifests itself during a period while such member, sheriff, or deputy sheriff, inspector or investigator is in the service of the police department, the State Highway Patrol, the sheriff’s office or the district attorney’s office, as the case may be. The compensation which is awarded for such heart trouble or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.

Such heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the member of the police department, State Highway Patrol, the sheriff or deputy sheriff, or an inspector or investigator in a district attorney’s office of any county shall have served five years or more in such capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member 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.

Such heart trouble or pneumonia so developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation.

The term “members” as used herein shall be limited to those employees of police departments, the California Highway Patrol and sheriffs’ departments and inspectors and investigators of a district attorney’s office who are defined as peace officers in Section 830.1, 830.2, or 830.3 of the Penal Code.

SEC. 5.

 Section 3212.5 is added to the Labor Code, to read:

3212.5.
 (a) The term “injury” as used in this division includes heart trouble and pneumonia that develops or manifests itself during a period while a person described in this subdivision is in the service of the agency, department, or office as described in this subdivision, and the compensation that is awarded for heart trouble or pneumonia as described in this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons when those persons are employed on a regular, full-time salary:
(1) A member of a police department of a city or municipality, a sheriff or deputy sheriff, or a member of the Department of the California Highway Patrol employed on a regular, full-time salary.
(2) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary.
(3) A peace officer employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(b) The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment, provided, however, that the person shall have served five years or more in that capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but, unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(c) The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to its development or manifestation.

SEC. 6.

 Section 3212.6 of the Labor Code is repealed.
3212.6.

In the case of a member of a police department of a city or county, or a member of the sheriff’s office of a county, or a member of the California Highway Patrol, or an inspector or investigator in a district attorney’s office of any county whose principal duties consist of active law enforcement service, or a prison or jail guard or correctional officer who is employed by a public agency, when that person is employed upon a regular, full-time salary, or in the case of members of fire departments of any city, county, or district, or other public or municipal corporations or political subdivisions, when those members are employed on a regular fully paid basis, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting and first-aid response services, or of any county forestry or firefighting department or unit, where those members are employed on a regular fully paid basis, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, firefighting, or emergency first-aid response service such as stenographers, telephone operators, and other officeworkers, the term “injury” includes tuberculosis that develops or manifests itself during a period while that member is in the service of that department or office. The compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.

The tuberculosis 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 is bound to find in accordance with it. This presumption shall be extended to a member 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.

A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.

SEC. 7.

 Section 3212.6 is added to the Labor Code, to read:

3212.6.
 (a) (1) The term “injury” includes tuberculosis that develops or manifests itself during a period while a person described in this paragraph is in the service of the agency, department, or office as described in this paragraph and the compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons:
(A) A member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of the Department of the California Highway Patrol.
(B) An inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service.
(C) A prison or jail guard or correctional officer who is employed by a public agency if that person is employed on a regular, full-time salary.
(D) A member of a fire department of any city, county, or district, or other public or municipal corporations or political subdivisions, if that person is employed on a regular, fully paid basis.
(E) An active firefighting member of the Department of Forestry and Fire Protection whose duties require firefighting and first aid response services, or of a county forestry or firefighting department or unit, if that person is employed on a regular, fully paid basis.
(F) A peace officer employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(2) The tuberculosis developing or manifesting itself as described in paragraph (1) 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 is bound to find in accordance with it. This presumption shall be extended to a person described in paragraph (1) 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.
(b) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.
(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers.

SEC. 8.

 Section 3212.85 of the Labor Code is repealed.
3212.85.

(a)This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department.

(b)The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (a) is in the service of the department or unit.

(c)The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.

(d)The injury that develops or manifests itself in these cases 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. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member 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.

(e)For purposes of this section, the following definitions apply:

(1)“Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.

(2)“Members of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:

(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.

(B)A fire department of the University of California and the California State University.

(C)The Department of Forestry and Fire Protection.

(D)A county forestry or firefighting department or unit.

SEC. 9.

 Section 3212.85 is added to the Labor Code, to read:

3212.85.
 (a) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which a person described in this subdivision is in the service of the agency, department, or unit as described in this subdivision:
(1) A peace officer described in Sections 830.1 to 830.5, inclusive, of the Penal Code.
(2) A member of a fire department.
(3) A peace officer employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(b) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(c) The injury that develops or manifests itself in these cases 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. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) 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) For purposes of this section, the following definitions apply:
(1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.
(2) “Member of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:
(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B) A fire department of the University of California and the California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.

SEC. 10.

 Section 3212.9 of the Labor Code is repealed.
3212.9.

In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of the California Highway Patrol, or a county probation officer, or an inspector or investigator in a district attorney’s office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term “injury” includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.

The meningitis 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 is bound to find in accordance with it. This presumption shall be extended to a person 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.

SEC. 11.

 Section 3212.9 is added to the Labor Code, to read:

3212.9.
 (a) The term “injury” includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision, and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division:
(1) A member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of the Department of the California Highway Patrol.
(2) A county probation officer, or an inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary.
(3) A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary.
(4) A peace officer employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(b) For purposes of this section, meningitis 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 is bound to find in accordance with it. This presumption shall be extended to a person 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.
(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers.

SEC. 12.

 Section 3213.2 of the Labor Code is amended to read:

3213.2.
 (a) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a peace officer employed by the Department of the California Highway Patrol, or a peace officer employed by the University of California, or a peace officer employed by a security or police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code, who has been employed for at least five years as a peace officer on a regular, full-time salary and has been required to wear a duty belt as a condition of employment, the term “injury,” as used in this division, includes lower back impairments. The compensation that is awarded for lower back impairments shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(b) The lower back impairment so developing or manifesting itself in the peace officer 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 is bound to find in accordance with it. This presumption shall be extended to a person 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.
(c) For purposes of this section, “duty belt” means a belt used for the purpose of holding a gun, handcuffs, baton, and other items related to law enforcement.

SECTION 1.Section 62.5 of the Labor Code is amended to read:
62.5.

(a)(1)The Workers’ Compensation Administration Revolving Fund is hereby created as a special account in the State Treasury. Money in the fund may be expended by the department, upon appropriation by the Legislature, for all of the following purposes, and may not be used or borrowed for any other purpose:

(A)For the administration of the workers’ compensation program set forth in this division and Division 4 (commencing with Section 3200), other than the activities financed pursuant to paragraph (2) of subdivision (a) of Section 3702.5.

(B)For the Return-to-Work Program set forth in Section 139.48.

(C)For the enforcement of the insurance coverage program established and maintained by the Labor Commissioner pursuant to Section 90.3.

(2)The fund shall consist of surcharges made pursuant to paragraph (1) of subdivision (f).

(b)(1)The Uninsured Employers Benefits Trust Fund is hereby created as a special trust fund account in the State Treasury, of which the director is trustee, and its sources of funds are as provided in paragraph (1) of subdivision (f). Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the payment of nonadministrative expenses of the workers’ compensation program for workers injured while employed by uninsured employers in accordance with Article 2 (commencing with Section 3710) of Chapter 4 of Part 1 of Division 4, and shall not be used for any other purpose. All moneys collected shall be retained in the trust fund until paid as benefits to workers injured while employed by uninsured employers. Nonadministrative expenses include audits and reports of services prepared pursuant to subdivision (b) of Section 3716.1. The surcharge amount for this fund shall be stated separately.

(2)Notwithstanding any other law, all references to the Uninsured Employers Fund shall mean the Uninsured Employers Benefits Trust Fund.

(3)Notwithstanding paragraph (1), if that budgetary restrictions or impasse prevent the timely payment of administrative expenses from the Workers’ Compensation Administration Revolving Fund, those expenses shall be advanced from the Uninsured Employers Benefits Trust Fund. Expense advances made pursuant to this paragraph shall be reimbursed in full to the Uninsured Employers Benefits Trust Fund upon enactment of the annual Budget Act.

(4)Any moneys from penalties collected pursuant to Section 3722 as a result of the insurance coverage program established under Section 90.3 shall be deposited in the State Treasury to the credit of the Workers’ Compensation Administration Revolving Fund created under this section, to cover expenses incurred by the director under the insurance coverage program. The amount of any penalties in excess of payment of administrative expenses incurred by the director for the insurance coverage program established under Section 90.3 shall be deposited in the State Treasury to the credit of the Uninsured Employers Benefits Trust Fund for nonadministrative expenses, as prescribed in paragraph (1), and notwithstanding paragraph (1), shall only be available upon appropriation by the Legislature.

(c)(1)The Subsequent Injuries Benefits Trust Fund is hereby created as a special trust fund account in the State Treasury, of which the director is trustee, and its sources of funds are as provided in paragraph (1) of subdivision (f). Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the nonadministrative expenses of the workers’ compensation program for workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments, in accordance with Article 5 (commencing with Section 4751) of Chapter 2 of Part 2 of Division 4, and Section 4 of Article XIV of the California Constitution, and shall not be used for any other purpose. All moneys collected shall be retained in the trust fund until paid as benefits to workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments. Nonadministrative expenses include audits and reports of services pursuant to subdivision (c) of Section 4755. The surcharge amount for this fund shall be stated separately.

(2)Notwithstanding any other law, all references to the Subsequent Injuries Fund shall mean the Subsequent Injuries Benefits Trust Fund.

(3)Notwithstanding paragraph (1), if budgetary restrictions or impasse prevent the timely payment of administrative expenses from the Workers’ Compensation Administration Revolving Fund, those expenses shall be advanced from the Subsequent Injuries Benefits Trust Fund. Expense advances made pursuant to this paragraph shall be reimbursed in full to the Subsequent Injuries Benefits Trust Fund upon enactment of the annual Budget Act.

(d)(1)The Occupational Safety and Health Fund is hereby created as a special account in the State Treasury. Moneys in the account may be expended by the department, upon appropriation by the Legislature, for support of the Division of Occupational Safety and Health, the Occupational Safety and Health Standards Board, and the Occupational Safety and Health Appeals Board, and the activities these entities perform as set forth in this division, and Division 5 (commencing with Section 6300).

(2)On and after June 27, 2013, any moneys in the Cal-OSHA Targeted Inspection and Consultation Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund, less five million dollars ($5,000,000), shall be transferred to the Occupational Safety and Health Fund. On June 30, 2014, the remaining five million dollars ($5,000,000) in the Cal-OSHA Targeted Inspection and Consultation Fund, or any remaining balance in that fund, shall be transferred to, and become part of, the Occupational Safety and Health Fund.

(e)The Labor Enforcement and Compliance Fund is hereby created as a special account in the State Treasury. Moneys in the fund may be expended by the department, upon appropriation by the Legislature, for the support of the activities that the Division of Labor Standards Enforcement performs pursuant to this division and Division 2 (commencing with Section 200), Division 3 (commencing with Section 2700), and Division 4 (commencing with Section 3200). The fund shall consist of surcharges imposed pursuant to paragraph (3) of subdivision (f).

(f)(1)Separate surcharges shall be levied by the director upon all employers, as defined in Section 3300, for purposes of deposit in the Workers’ Compensation Administration Revolving Fund, the Uninsured Employers Benefits Trust Fund, the Subsequent Injuries Benefits Trust Fund, and the Occupational Safety and Health Fund. The total amount of the surcharges shall be allocated between self-insured employers and insured employers in proportion to payroll respectively paid in the most recent year that payroll information is available. The director shall adopt reasonable regulations governing the manner of collection of the surcharges. The regulations shall require the surcharges to be paid by self-insurers to be expressed as a percentage of indemnity paid during the most recent year that information is available, and the surcharges to be paid by insured employers to be expressed as a percentage of premium. In no event shall the surcharges paid by insured employers be considered a premium for computation of a gross premium tax or agents’ commission. The total amount of the surcharges paid by insured and self-insured employers shall not exceed the amounts reasonably necessary to carry out the purposes of this section.

(2)The surcharge levied by the director for the Occupational Safety and Health Fund, pursuant to paragraph (1), shall not generate revenues in excess of fifty-seven million dollars ($57,000,000) on and after the 2013–14 fiscal year, adjusted for each fiscal year as appropriate to fund any increases in the appropriation as approved by the Legislature, and to reconcile any overassessments or underassessments from previous fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the California Code of Regulations. For the 2013–14 fiscal year only, the revenue cap established in this paragraph shall be reduced by an amount equivalent to the balance transferred from the Cal-OSHA Targeted Inspection and Consultation Fund established in former Section 62.7, less any amount of that balance loaned to the State Public Works Enforcement Fund, to the Occupational Safety and Health Fund pursuant to subdivision (d).

(3)A separate surcharge shall be levied by the director upon all employers, as defined in Section 3300, for purposes of deposit in the Labor Enforcement and Compliance Fund. The total amount of the surcharges shall be allocated between employers in proportion to payroll respectively paid in the most recent year that payroll information is available. The director shall adopt reasonable regulations governing the manner of collection of the surcharges. The total amount of the surcharges paid by employers shall not exceed the amounts reasonably necessary to carry out the purposes of this section.

(4)The surcharge levied by the director for the Labor Enforcement and Compliance Fund shall not exceed forty-six million dollars ($46,000,000) in the 2013–14 fiscal year, adjusted as appropriate to fund any increases in the appropriation as approved by the Legislature, and to reconcile any overassessments or underassessments from previous fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the California Code of Regulations.

(5)The regulations adopted pursuant to paragraph (1) to (4), inclusive, shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).