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HomeMy WebLinkAboutCM Legislation Affecting San RafaelCITY 01,15aopt43 Agenda Item No: 5 Meeting Date: April 20, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Terri Hardesty Assistant to the City Manager Approval: SUBJECT: LEGISLATION AFFECTING SAN RAFAEL RECOMMENDATION: AB 128 — Workers' Compensation: Cancer Presumption -- Assembly Member Coto. Oppose BACKGROUND: Since February 29, 2009 thousands of bills have been introduced by State lawmakers. The League of California Cities at this time would typically have a list of the most important bills to support or oppose. Because of a state budget crisis, emphasis on job stimulus funds coordination and state propositions, the League will be taking more time to analyze and give positions on current bills. However, there are a handful of bills that the League has asked Marin cities and towns to take action on. The MCCMC legislative committee will be sending letters on the following bills in response to the League's requests: ACA 9 (Huffman) — Constitutional Amendment, 55 % approval of special taxes (support); AB 1284 (Huffman) — Substance Abuse Recovery facilities (support); AB 155 (Mendoza) — Municipal Bankruptcy (oppose). The League has asked for San Rafael's help is opposing AB 128 (Coto) — Workers' Compensation: Cancer. The legislative committee did not take action on this item, so it is recommended that the Council vote in favor of sending a letter in opposition this bill. ANALYSIS Existing law establishes a workers' compensation system to compensate an employee for injuries sustained in the course of his or her employment. In addition, the law provides that in the case of active firefighter or peace officers, a compensable injury includes cancer that developed during the time of employment, in which a worker was exposed to a known carcinogen. Current law states a hiring agency is financially responsible for all medical expenses associated with the cancer post employment not to exceed five years. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: AB 128 proposes that for every year a safety worker was employed they shall receive a year's worth of coverage for all medical costs associated with the cancer. In addition, there would be no cap or consideration for a workers own personal health habits. FISCAL IMPACT: Unknown, however many public employees retire after numerous years of service, therefore the City could experience a dramatic increase in Workers' Comp costs. OPTIONS: Staff recommends acceptance of this report and authorization to send a letter to oppose A13128. Other options include: • Modify the position as reflected in the staff report.. • Request fiuther information. • Reject the staff recommendation and choose not to take a position on the above-mentioned legislative item. ACTION REQUIRED: If Council concurs, the appropriate action would be a motion to accept this report and to direct staff to send a letter of opposition to AB 128.