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q.A 2 SENATE POLICY COMMITTEE APPROVES ONLY MINOR WORKERS' COMPENSATION MEASURES The Senate Labor and Industrial Relations Committee passed only four out of the dozen relatively modest workers' compensation reform measures it heard when it met this week on April 23. Most of these bills were attempts to curb some of the skyrocketing insurance premiums that are hurting cities. The four minor reform bills that were ultimately passed included measures dealing with the use of generic drugs (SB 223 — Margett) and the adoption of a utilization schedule for controlling medical costs (SB 757 - Poochigian). While the League believes the committee's approval of these bills is a move in the right direc- tion, more reform is still needed. Among the bills either held over until a later date or rejected by the committee outright were the following: apportionment • AB 1482 (Richman) — Medical fee schedule • AB 1483 (Richman) — Improved physician training • AB 1679 (Cogdill) — Physician referrals • AB 1581 (Cogdill) — Merit Credit • AB 1580 (Cogdill) — Jail inmates and workers' compensation payments LEAGUE COMMENTS ON DRAFT PHASE II STORM WATER PERMIT SB 893 (Morrow) and SB 414 (McClintock) — boff • of these would require that a workplace injury be certified by a physician using medical evidence based on objective medical findings. • SB 365 (Johnson) — would have required that employment by the predominant cause of injury in order for a claim for workers' compensation benefits to be paid. • SB 714 (Baffin) — would have ensured that the appropriate portion of an injured worker's permanent disability be attributed to previous injuries or non -work related conditions, a process known as apportionment. The League will continue to support measures that address workers' compensation reform without jeopardizing the level of injured worker benefits. The following bills will be heard in Assembly Insur- ance Committee on April 30, 2003. Please send letters of support to the commit- tee, and copies to League Legislative Represen- tative Amy Brown (email brownabcacities orai • AB 431 (Mountjoy) — Evidence of workplace injury • AB 595 (Dutton) — Fee Schedule .AB 596(Dutton) — Fee Schedule • AB 597 (Dutton) — Fee schedule • AB 1434 (Wyland) — Alternative Dispute Resolution • AB 1481 (Richman) — Medical guidelines and League comments on proposed Phase II Storm Water permit rules have been filed with the State Water Resources Control Board, and are now available for viewing on the League's Web site at www.cacities.oratwater. The League will also testify on the draft at the board's April 30 hearing. The comments are in response to the State Board's Draft 4 of the Small MS4 permit, otherwise known as the Phase II Storm Water permit, which the board released earfier in 2003. The League's comments focus on the document's "safe harbor" language. They emphasize that this language is a particular concern to cities because of the potential for third -party lawsuits to be filed under the federal Clean Water Act. The League has asked the State Board to ensure that permit language and supporting documents state explicitly for the record the Board's intent, which is to provide a safe harbor through what the board calls an iterative approach for those jurisdictions with a population over 50,000 and growing. In addi- tion, the League has requested that the Board clarify the safe harbor protections for smaller jurisdictions (less than 50,000 population). Copies of the League's comments in full can be found at www.cacibes.orgiwater. PAGE 2 /PRIORITY FOCUS Visit the League's Official Web Site -- www.cacities.org