California 2009-2010 Regular Session Status: To Executive

AB 2490 — Workers' compensation insurance: dispute resolution: arbitration clauses.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law requires that a workers' compensation insurance policy or endorsement not be issued by an insurer unless the insurer files a copy of the form or endorsement with the rating organization and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or the endorsement prior to that time. This bill would require that any agreement, other than a settlement agreement resolving a particular dispute, between an employer, whose principal place of business is in California, and a workers' compensation insurer concerning resolution of disputes, including, but not limited to, an arbitration clause arising out of a workers' compensation policy or endorsement, shall be part of the form or endorsement filed with the rating organization, shall be provided to the employer contemporaneously with any written quote that offers to provide insurance coverage, and shall contain provisions to resolve disputes that arise in this state in the California courts and under California law. The bill would provide, however, that prior to the inception of the policy, employers and workers' compensation insurance companies may, after freely negotiating, expressly agree to a choice of law or a choice of forum other than California. Failure to observe those requirements would render any dispute resolution provision void and unenforceable.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 27. Page 6920.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 5006.)

  6. Read second time. To third reading.

  7. Read third time, amended. To second reading.

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 1.) (June 29).

  11. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 7. Noes 2.) (June 16).

  12. Referred to Coms. on B., F. & I. and JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 41. Noes 28. Page 5292.)

  15. Read third time, amended, and returned to third reading. (Page 5245.).

  16. Read second time. To third reading.

  17. From committee: Do pass. (Ayes 11. Noes 5.) (May 12).

  18. In committee: Hearing postponed by committee.

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (April 21).

  22. Re-referred to Com. on INS.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  24. Referred to Com. on INS.

  25. Read first time.

  26. From printer. May be heard in committee March 23.

  27. Introduced. To print.

Sponsors

  • Jones · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Jones

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

AB 2490 JONES Concurrence in Senate Amendments

Passed 58 Yea · 30 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 552801
Democratic 2001
Republican 1200
Total 583002
% of votes cast 64%33%0%2%
How each member voted (90)
Member Party Vote
Hagman — Nay
Hall — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Hayashi — Yea
Charles — Yea
Hernandez — Yea
Huber — Yea
Huffman — 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
Lieu — Yea
Anderson — Nay
Bass — Yea
Block — Yea
Mendoza — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tom — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
Cook — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Logue — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Tran — Nay
Bill — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2490 Jones By Price

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 2000
Republican 1000
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Runner — Nay
Cogdill — Nay
Corbett — Yea
Hancock — Yea
Huff — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Correa — Not Voting
Ducheny — Yea
Dutton — Nay
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Harman — Nay
Hollingsworth — Nay
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2490 JONES Assembly Third Reading

Passed 50 Yea · 31 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 472909
Democratic 2001
Republican 1200
Total 5031010
% of votes cast 55%34%0%11%
How each member voted (91)
Member Party Vote
Eng — Yea
Carter — Yea
Chesbro — Yea
Fuentes — Yea
Hill — Yea
Charles — Yea
Huffman — 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
Beall — Yea
Coto — Yea
Davis — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Evans — Not Voting
Fletcher — Nay
Audra — Nay
Conway — Nay
Saldana — Not Voting
Cook — Nay
Galgiani — Not Voting
Garrick — Nay
Hagman — Nay
Hall — Not Voting
Hernandez — Not Voting
Jeffries — Nay
Logue — Nay
Miller — Nay
Nava — Not Voting
Norby — Nay
Bass — Not Voting
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Not Voting
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Harkey — Nay
Hayashi — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Nestande — Nay
Nielsen — Nay
Torres — Yea
Torrico — Yea
Emmerson — Nay
Feuer — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Furutani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11501
Democratic 0001
Total 11502
% of votes cast 61%28%0%11%
How each member voted (18)
Member Party Vote
Charles — Not Voting
Hall — Yea
Bradford — Yea
Miller — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Torrico — Yea
Ammiano — Yea
Harkey — Nay
Hill — Yea
Skinner — Yea
Torlakson — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7300
Democratic 2000
Republican 0100
Total 9400
% of votes cast 69%31%0%0%
How each member voted (13)
Member Party Vote
Hagman — Nay
Carter — Yea
Charles — Yea
Salas — Yea
Feuer — Yea
Hayashi — Yea
Anderson — Nay
Solorio — Yea
Torres — Yea
Blakeslee — Nay
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2490 do?
Existing law requires that a workers' compensation insurance policy or endorsement not be issued by an insurer unless the insurer files a copy of the form or endorsement with the rating organization and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or the endorsement prior to that time. This bill would require that any agreement, other than a settlement agreement resolving a particular dispute, between an employer, whose principal place of business is in California, and a workers' compensation insurer concerning resolution of disputes, including, but not limited to, an arbitration clause arising out of a workers' compensation policy or endorsement, shall be part of the form or endorsement filed with the rating organization, shall be provided to the employer contemporaneously with any written quote that offers to provide insurance coverage, and shall contain provisions to resolve disputes that arise in this state in the California courts and under California law. The bill would provide, however, that prior to the inception of the policy, employers and workers' compensation insurance companies may, after freely negotiating, expressly agree to a choice of law or a choice of forum other than California. Failure to observe those requirements would render any dispute resolution provision void and unenforceable.
Who sponsors AB 2490?
AB 2490 is sponsored by Jones.
What is the current status of AB 2490?
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 AB 2490?
Track AB 2490 free on One Click Politics — get push/email alerts when it moves.

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