California 2009-2010 Regular Session Status: To Executive

SB 145 — Workers' compensation.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. This bill would provide that no workers' compensation claim shall be denied because the employee's injury or death was related to the employee's race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics. This bill would also state the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers' compensation law in order to prohibit the wrongful reduction or denial of workers' compensation benefits. (2) Existing law requires any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury to address the issue of causation of the permanent disability, and requires that the report include an apportionment determination in order to be considered complete on the issue of permanent disability. This bill would prohibit race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics from being considered a cause or other factor of disability considered in any determination made pursuant to those provisions.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 4 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 22. Noes 14. Page 4919.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 47. Noes 27. Page 6518.) To Senate.

  8. Read third time. Amended. (Page 6424.) To third reading.

  9. From inactive file to third reading file.

  10. Notice of motion to remove from inactive file given by Assembly Member Evans.

  11. Placed on inactive file on request of Assembly Member Torrico.

  12. Read second time. To third reading.

  13. (Heard in committee on July 8.)

  14. From committee: Do pass. (Ayes 7. Noes 3.)

  15. To Com. on INS.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 23. Noes 15. Page 1113.) To Assembly.

  18. Read second time. To third reading.

  19. Placed on second reading file.

  20. Withdrawn from committee.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  22. Read second time. Amended. Re-referred to Com. on JUD.

  23. From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 347.)

  24. Set for hearing March 25.

  25. To Coms. on L. & I.R. and JUD.

  26. From print. May be acted upon on or after March 14.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • DeSaulnier · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB145 DeSaulnier

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 2000
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Not Voting
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Hollingsworth — Nay
Runner — Nay
Kehoe — Yea
Leno — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Nay
Harman — Nay
Huff — Nay
Liu — Yea
Price — Yea
Simitian — Yea
Walters — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 145 DeSaulnier Senate Third Reading By SOLORIO

Passed 56 Yea · 30 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 522804
Democratic 3000
Republican 1200
Total 563004
% of votes cast 62%33%0%4%
How each member voted (90)
Member Party Vote
Yamada — Yea
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuller — Nay
Galgiani — Yea
Charles — Yea
Gilmore — Nay
Hagman — Nay
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Huber — Yea
Huffman — Yea
Ma — Yea
Fletcher — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Coto — Yea
Davis — Yea
Mendoza — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Audra — Nay
Fuentes — Not Voting
Furutani — Not Voting
Hall — Not Voting
Harkey — Nay
Jeffries — Nay
Knight — Nay
Bass — Not Voting
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Lieu — Yea
Logue — Nay
Monning — Yea
Nielsen — Nay
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Tran — Nay
Eng — Yea
Feuer — Yea
DeVore — Nay
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Democratic 1000
Republican 0100
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Feuer — Yea
Carter — Yea
Charles — Yea
Nava — Yea
Solorio — Yea
Anderson — Nay
Hayashi — Yea
Torres — Yea
Garrick — Nay
Calderon, Lisa Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Senate 3rd Reading SB145 DeSaulnier

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2000
Republican 0100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Oropeza — Yea
Romero — Yea
Runner — Nay
Dutton — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Ashburn — Nay
Benoit — Nay
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Not Voting
Aanestad — Nay
Alquist — Yea
Leno — Yea
Maldonado — Nay
McLeod — Yea
Pavley — Yea
Wiggins — Yea
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 145 do?
(1) Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. This bill would provide that no workers' compensation claim shall be denied because the employee's injury or death was related to the employee's race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics. This bill would also state the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers' compensation law in order to prohibit the wrongful reduction or denial of workers' compensation benefits. (2) Existing law requires any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury to address the issue of causation of the permanent disability, and requires that the report include an apportionment determination in order to be considered complete on the issue of permanent disability. This bill would prohibit race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics from being considered a cause or other factor of disability considered in any determination made pursuant to those provisions.
Who sponsors SB 145?
SB 145 is sponsored by DeSaulnier.
What is the current status of SB 145?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 145?
Track SB 145 free on One Click Politics — get push/email alerts when it moves.

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