California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

AB 1868 — Insurance: life: disability: discretionary 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 generally regulates life and disability insurance policies, and requires the Insurance Commissioner to disapprove any disability policy for issuance or delivery in this state in specified circumstances. This bill would provide that if a policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not in California, that provides or funds life insurance or disability insurance coverage for any California resident contains a provision that reserves discretionary authority to the insurer, or an agent of the insurer, to determine eligibility for benefits or coverage, to interpret the terms of the policy, contract, certificate, or agreement, or to provide standards of interpretation or review that are inconsistent with the laws of this state, that provision would be void and unenforceable. The bill would define the term "discretionary authority" for these purposes. The bill would also require the commissioner to disapprove any disability policy that contains a provision of this type.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 3 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 64. Noes 11. Page 6631.)

  4. Passed on file.

  5. Assembly Rule 77 suspended. (Page 6558.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 12. Page 4768.)

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Amend, and do pass as amended. (Ayes 6. Noes 3.) (August 2).

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 30).

  12. Referred to Com. on B., F. & I.

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

  14. Read third time, passed, and to Senate. (Ayes 48. Noes 28. Page 5403.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (April 7).

  21. Re-referred to Com. on INS.

  22. (Corrected April 5.)

  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. From printer. May be heard in committee March 18.

  26. Read first time. To print.

Sponsors

  • Lisa Calderon · Cosponsor
  • Jones · Primary
  • Correa · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 4 voted No

Sponsors (1)

  • Jones

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 1868 JONES Concurrence in Senate Amendments

Passed 75 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 691104
Republican 3000
Democratic 3000
Total 751104
% of votes cast 83%12%0%4%
How each member voted (90)
Member Party Vote
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Yamada — Yea
Bill — Not Voting
Conway — Nay
Cook — Not Voting
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Carter — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Charles — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Knight — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Villines — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1868 Jones By Calderon

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2000
Republican 0100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cedillo — Yea
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Harman — Not Voting
Runner — Nay
Hollingsworth — Nay
Kehoe — Yea
Ducheny — Yea
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Dutton — Nay
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Huff — Not Voting
Liu — Yea
Pavley — Yea
Walters — Nay
Wright — Yea
Cogdill — 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 →

Do pass as amended.

Passed 6 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6302
Total 6302
% of votes cast 55%27%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Alquist — Yea
Ashburn — Nay
Leno — Yea
Wolk — Yea
Kehoe — Yea
Price — Not Voting
Walters — Not Voting
Wyland — Nay
Emmerson — Nay

Official roll call →

AB 1868 JONES Assembly Third Reading

Passed 57 Yea · 29 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 532804
Democratic 3000
Republican 1101
Total 572905
% of votes cast 63%32%0%5%
How each member voted (91)
Member Party Vote
Fong — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Coto — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bass — Yea
Davis — Yea
Yamada — 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
Bill — Nay
Fuentes — Yea
Fuller — Nay
Galgiani — Not Voting
Fletcher — Nay
Tom — Not Voting
Audra — Not Voting
DeVore — Nay
Garrick — Nay
Hagman — Nay
Hall — Yea
Anderson — Nay
Blakeslee — Nay
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Jeffries — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Villines — Nay
Cook — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
Furutani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
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 Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Conway — Nay
Coto — Yea
Charles — Yea
Fuentes — Yea
Davis — Yea
Bradford — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Nay
Torrico — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

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

Official roll call →

Subjects

labor health-insurance
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Frequently asked questions

What does AB 1868 do?
Existing law generally regulates life and disability insurance policies, and requires the Insurance Commissioner to disapprove any disability policy for issuance or delivery in this state in specified circumstances. This bill would provide that if a policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not in California, that provides or funds life insurance or disability insurance coverage for any California resident contains a provision that reserves discretionary authority to the insurer, or an agent of the insurer, to determine eligibility for benefits or coverage, to interpret the terms of the policy, contract, certificate, or agreement, or to provide standards of interpretation or review that are inconsistent with the laws of this state, that provision would be void and unenforceable. The bill would define the term "discretionary authority" for these purposes. The bill would also require the commissioner to disapprove any disability policy that contains a provision of this type.
Who sponsors AB 1868?
AB 1868 is sponsored by Calderon, Lisa (Democratic), Jones, and Correa.
What is the current status of AB 1868?
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 1868?
Track AB 1868 free on One Click Politics — get push/email alerts when it moves.

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