California 2011-2012 Regular Session Status: Enacted

SB 684 — Workers' compensation insurance: dispute resolution: arbitration clauses.

Last action — Chaptered by Secretary of State. Chapter 566, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Advancing 54% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    7 passed, 1 failed in 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 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 a rating organization and 30 days have expired from the date the form or endorsement is received by the Insurance 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 an insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers' compensation insurance policy or endorsement issued to a California employer, as defined, to disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The bill would require that the employer sign the disclosure, as evidence of receipt, when the employer accepts the offer of coverage. The bill would authorize the dispute resolution or arbitration agreement to be negotiated before any dispute arises. These provisions would apply to workers' compensation policies issued or renewed on or after July 1, 2012.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 566, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:45 a.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 15. Page 2243.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 75. Noes 4. Page 2733.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2506.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 10. Noes 0.) (July 7).

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 1.) (July 6). Re-referred to Com. on JUD.

  13. Joint Rule 62(a) file notice (Com. on Jud.) suspended. (Page 2177.)

  14. Assembly Rule 56 suspended. (Page 2177.)

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS.

  16. Set, first hearing. Failed passage in committee. Reconsideration granted.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS.

  18. Joint Rule 62(a) file notice suspended. (Page 2053.)

  19. Heard for testimony only.

  20. Referred to Coms. on INS. and JUD.

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

  22. Read third time. Passed. (Ayes 23. Noes 13. Page 983.) Ordered to the Assembly.

  23. Read second time. Ordered to third reading.

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

  25. Set for hearing May 2.

  26. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 560.) (April 5). Re-referred to Com. on APPR.

  27. Set for hearing April 5.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  29. Referred to Com. on JUD.

  30. From printer. May be acted upon on or after March 22.

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

Sponsors

  • Corbett · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Corbett

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 SB684 Corbett Concurrence

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
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Corbett — Yea
Hancock — Yea
Harman — Nay
Dutton — Nay
Blakeslee — Nay
Hernandez — Yea
Huff — Nay
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Alquist — Not Voting
Anderson — Nay
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Wolk — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 684 Corbett Senate Third Reading By FEUER

Passed 75 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 73301
Republican 1100
Democratic 1000
Total 75401
% of votes cast 94%5%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Carter — Yea
Gatto — Yea
Allen — Yea
Gordon — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hill — Yea
Hueso — Yea
Chesbro — Yea
Huffman — Yea
Bonilla — Yea
Ammiano — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Atkins — Yea
Yamada — Yea
Campos — Yea
Knight — Nay
Logue — Nay
Solorio — Yea
Gorell — Not Voting
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Perea — Yea
Smyth — Yea
Valadao — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Donnelly — Nay
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Atkins — Yea
Huffman — Yea
Wieckowski — Yea
Huber — Yea
Monning — Yea
Wagner — Yea
Feuer — Yea
Dickinson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea

Official roll call →

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

Passed 10 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 0001
Republican 0100
Total 10101
% of votes cast 83%8%0%8%
How each member voted (12)
Member Party Vote
Hagman — Yea
Carter — Yea
Hayashi — Yea
Miller — Yea
Olsen — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Feuer — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay

Official roll call →

Reconsideration granted.

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 1000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Hagman — Yea
Carter — Yea
Miller — Yea
Olsen — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Hayashi — Yea
Skinner — Yea
Feuer — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea

Official roll call →

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

Failed 5 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 5302
Democratic 0001
Republican 0001
Total 5304
% of votes cast 42%25%0%33%
How each member voted (12)
Member Party Vote
Hagman — Nay
Hayashi — Not Voting
Carter — Yea
Torres — Not Voting
Miller — Nay
Olsen — Nay
Skinner — Yea
Solorio — Yea
Wieckowski — Yea
Feuer — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Not Voting

Official roll call →

3rd Reading

Passed 23 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 2000
Republican 0001
Total 231304
% of votes cast 58%33%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Harman — Nay
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Leno — Yea
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Liu — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Not Voting
Wright — Yea
Alquist — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does SB 684 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 a rating organization and 30 days have expired from the date the form or endorsement is received by the Insurance 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 an insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers' compensation insurance policy or endorsement issued to a California employer, as defined, to disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The bill would require that the employer sign the disclosure, as evidence of receipt, when the employer accepts the offer of coverage. The bill would authorize the dispute resolution or arbitration agreement to be negotiated before any dispute arises. These provisions would apply to workers' compensation policies issued or renewed on or after July 1, 2012.
Who sponsors SB 684?
SB 684 is sponsored by Corbett.
What is the current status of SB 684?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 684?
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