California 2009-2010 Regular Session Status: Enacted

AB 2253 — Workers' compensation: cancer presumption.

Last action — Chaptered by Secretary of State - Chapter 672, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 18, 2010. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    1 primary, 19 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires an employer to provide, or pay for all reasonable costs of, medical services necessary to care for or relieve work-related injuries. Existing law further provides that in the case of active firefighting members of certain state and local fire departments and in the case of certain peace officers, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter or peace officer demonstrates that he or she was exposed, while in the service of the public agency, to a known carcinogen, as defined, and the carcinogen is reasonably linked to the disabling cancer. Existing law establishes a presumption that the cancer in these cases is presumed to arise out of, and in the course of, employment, unless the presumption is controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Existing law extends this presumption to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. This bill would provide that the above-described presumption shall be extended to a member following termination of service for a period of 3 calender months, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 672, Statutes of 2010.

  2. Approved by the Governor.

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

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 25. Noes 9. Page 4599.)

  6. Read second time. To third reading.

  7. Received August 13 pursuant to Joint Rule 61(b)(14)

  8. From committee: Do pass. (Ayes 7. Noes 4.) (August 12).

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

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 23).

  11. Referred to Com. on L. & I.R.

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

  13. Read third time, passed, and to Senate. (Ayes 68. Noes 4. Page 5509.)

  14. Read second time. To third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

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

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 1.) (April 7).

  19. Referred to Com. on INS.

  20. From printer. May be heard in committee March 21.

  21. Read first time. To print.

Sponsors

  • Blumenfield · Cosponsor
  • Chesbro · Cosponsor
  • Fletcher · Cosponsor
  • Portantino · Cosponsor
  • Salas · Cosponsor
  • Cook · Cosponsor
  • Corbett · Cosponsor
  • Coto · Primary
  • DeSaulnier · Cosponsor
  • Fuentes · Cosponsor
  • Hagman · Cosponsor
  • Jeffries · Cosponsor
  • Lieu · Cosponsor
  • Mendoza · Cosponsor
  • Nava · Cosponsor
  • Price · Cosponsor
  • Solorio · Cosponsor
  • Villines · Cosponsor
  • Bill Berryhill · Cosponsor
  • Bill Berryhill · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 19 co-sponsors · 102 not signed on · 2 voted No

Sponsors (1)

  • Coto

Co-sponsors (19)

  • Blumenfield
  • Chesbro
  • Fletcher
  • Portantino
  • Salas
  • Cook
  • Corbett
  • DeSaulnier
  • Fuentes
  • Hagman
  • Jeffries
  • Lieu
  • Mendoza
  • Nava
  • Price
  • Solorio
  • Villines
  • Bill Berryhill
  • Bill Berryhill

Not signed on (102)

102 members have not signed on to this bill.

Show all 102 →

"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

Assembly 3rd Reading AB2253 Coto By Price

Passed 26 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 23904
Democratic 2000
Republican 1000
Total 26904
% of votes cast 67%23%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Cogdill — Nay
Corbett — Not Voting
Correa — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Ducheny — Yea
Dutton — Nay
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Harman — Nay
Oropeza — Not Voting
Steinberg — Yea
Wiggins — Not Voting
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Leno — Yea
Walters — Nay
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
Price — Yea
Wolk — Yea
Wyland — Nay
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Ashburn — Yea
Price — Yea
Walters — Not Voting
Alquist — Yea
Kehoe — Yea
Leno — Yea
Wolk — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

AB 2253 COTO Assembly Third Reading

Passed 78 Yea · 4 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 74308
Democratic 3000
Republican 1101
Total 78409
% of votes cast 86%4%0%10%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Yamada — Yea
Fletcher — 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
Tom — Not Voting
Audra — Not Voting
DeVore — Nay
Feuer — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Not Voting
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Not Voting
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Not Voting
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Not Voting
Emmerson — Yea
Eng — Yea
Evans — Yea
Davis — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
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 as amended.

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
Fuentes — Yea
Harkey — Nay
Charles — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Ammiano — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Bradford — Yea
Torrico — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 12 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 2000
Republican 0100
Total 12100
% of votes cast 92%8%0%0%
How each member voted (13)
Member Party Vote
Carter — Yea
Feuer — Yea
Hagman — Yea
Charles — Yea
Salas — Yea
Anderson — Yea
Solorio — Yea
Torres — Yea
Blakeslee — Yea
Hayashi — Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 2253 do?
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires an employer to provide, or pay for all reasonable costs of, medical services necessary to care for or relieve work-related injuries. Existing law further provides that in the case of active firefighting members of certain state and local fire departments and in the case of certain peace officers, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter or peace officer demonstrates that he or she was exposed, while in the service of the public agency, to a known carcinogen, as defined, and the carcinogen is reasonably linked to the disabling cancer. Existing law establishes a presumption that the cancer in these cases is presumed to arise out of, and in the course of, employment, unless the presumption is controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Existing law extends this presumption to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. This bill would provide that the above-described presumption shall be extended to a member following termination of service for a period of 3 calender months, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
Who sponsors AB 2253?
AB 2253 is sponsored by Blumenfield, Chesbro, Fletcher, Portantino, Salas, Cook, Corbett, Coto, DeSaulnier, Fuentes, Hagman, Jeffries, Lieu, Mendoza, Nava, Price, Solorio, Villines, and Bill Berryhill.
What is the current status of AB 2253?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2253?
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