California 2009-2010 Regular Session Status: To Executive

AB 2397 — Workers' compensation: public employees: leaves of absence.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 workers' compensation law 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. Existing law generally provides that whenever certain public employees who are employed on a regular, full-time basis, and are disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, their duties, they are required to become entitled, regardless of their period of service with the public employer, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, for the period of disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payment, or certain advanced disability pension payment. This bill would provide that the employees and the employer through the collective bargaining process may mutually agree to extend the leave of absence under the above-described provisions beyond the one year period of disability, but that the extension may only be for a maximum of one additional year.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 11:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 50. Noes 13. Page 6476.)

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  5. Read third time, passed, and to Assembly. (Ayes 21. Noes 10. Page 4671.)

  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: Do pass. (Ayes 4. Noes 1.) (June 23).

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

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

  12. Read third time, passed, and to Senate. (Ayes 50. Noes 17. Page 5134.)

  13. Read second time. To third reading.

  14. From committee: Do pass. (Ayes 9. Noes 2.) (May 5).

  15. Referred to Com. on INS.

  16. Read first time.

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

  18. Introduced. To print.

Sponsors

  • Solorio · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Solorio

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 2397 SOLORIO Concurrence in Senate Amendments

Passed 59 Yea · 15 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 5513016
Republican 1200
Democratic 3000
Total 5915016
% of votes cast 66%17%0%18%
How each member voted (90)
Member Party Vote
Cook — Not Voting
Furutani — Not Voting
Gilmore — Not Voting
Hagman — Not Voting
Jeffries — Not Voting
Nestande — Not Voting
Nielsen — Not Voting
Silva — Not Voting
Smyth — Not Voting
Villines — Nay
Audra — Nay
Tom — Not Voting
Fletcher — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Nay
Feuer — Yea
Fuentes — Yea
Garrick — Nay
Hall — Yea
Charles — Yea
Harkey — Nay
Hayashi — Yea
Hernandez — Yea
Hill — 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
Coto — Yea
Davis — Yea
Bill — Nay
Huffman — Yea
Lieu — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
DeVore — Nay
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Adams — Nay
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Miller — Nay
Norby — Not Voting
Skinner — Yea
Torlakson — Yea
Tran — Not Voting
Eng — Yea
Evans — Yea
Yamada — Yea
Fuller — Not Voting
Galgiani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
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 →

Assembly 3rd Reading AB2397 Solorio By Calderon

Passed 22 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 201006
Democratic 2000
Republican 0001
Total 221007
% of votes cast 56%26%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
Ashburn — Nay
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Wolk — Yea
Runner — Nay
Hollingsworth — Not Voting
Huff — Nay
Dutton — Nay
Oropeza — Not Voting
Steinberg — Not Voting
Walters — Not Voting
Wiggins — Not Voting
Aanestad — Nay
Alquist — Yea
Harman — Nay
Kehoe — Yea
Romero — Not Voting
Simitian — Yea
Wright — Yea
Wyland — Nay
Cogdill — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Total 4101
% of votes cast 67%17%0%17%
How each member voted (6)
Member Party Vote
Yee — Yea
Hollingsworth — Nay
Ducheny — Yea
Leno — Yea
Wyland — Not Voting
DeSaulnier — Yea

Official roll call →

AB 2397 SOLORIO Assembly Third Reading

Passed 59 Yea · 19 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 5517013
Democratic 3000
Republican 1200
Total 5919013
% of votes cast 65%21%0%14%
How each member voted (91)
Member Party Vote
Hagman — Not Voting
Carter — Yea
Chesbro — Yea
Coto — Yea
Charles — Yea
Beall — Yea
Blakeslee — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — 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
Davis — Yea
Bill — Nay
Evans — Yea
Audra — Nay
Tom — Not Voting
Feuer — Yea
Fletcher — Not Voting
Fuller — Not Voting
Anderson — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Not Voting
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Not Voting
Ruskin — Yea
Silva — Not Voting
Skinner — Not Voting
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Not Voting
Smyth — Nay
Torlakson — Yea
Tran — Not Voting
Cook — Not Voting
Emmerson — Not Voting
Eng — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
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 Nay

Official roll call →

Do pass.

Passed 10 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8101
Democratic 2000
Republican 0100
Total 10201
% of votes cast 77%15%0%8%
How each member voted (13)
Member Party Vote
Hagman — Not Voting
Carter — Yea
Charles — Yea
Blakeslee — Yea
Salas — Yea
Anderson — Nay
Solorio — Yea
Hayashi — Yea
Torres — Yea
Feuer — Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2397 do?
Existing workers' compensation law 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. Existing law generally provides that whenever certain public employees who are employed on a regular, full-time basis, and are disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, their duties, they are required to become entitled, regardless of their period of service with the public employer, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, for the period of disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payment, or certain advanced disability pension payment. This bill would provide that the employees and the employer through the collective bargaining process may mutually agree to extend the leave of absence under the above-described provisions beyond the one year period of disability, but that the extension may only be for a maximum of one additional year.
Who sponsors AB 2397?
AB 2397 is sponsored by Solorio.
What is the current status of AB 2397?
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 2397?
Track AB 2397 free on One Click Politics — get push/email alerts when it moves.

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