California 2011-2012 Regular Session Status: To Executive 3 D cosponsors

AB 1155 — Workers' compensation.

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 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) 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. This bill would state the intent of the Legislature to prohibit the use of risk factors and specified characteristics to deny an injured worker his or her rightful benefit when disabled in the workplace. The bill would also state the intent of the Legislature to prohibit the apportionment of risk factors and characteristics without prohibiting the apportionment of documentable preexisting nonindustrial causes of disability or holding an employer liable for any percentage of permanent disability not directly caused by an injury arising out of and occurring in the course of employment. (2) Existing law requires any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury to address the issue of causation of the permanent disability, and requires that the report include an apportionment determination in order to be considered complete on the issue of permanent disability. Existing law requires a physician to make an apportionment determination by finding what approximate percentage of the permanent disability is caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage is caused by other factors. This bill would prohibit the approximate percentage of the permanent disability caused by other factors from including consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 3202.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 2345.).

  6. Read second time. Ordered to third reading.

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

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

  9. From committee: Do pass as amended. (Ayes 5. Noes 1.) (July 6).

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Re-referred to Com. on L. & I.R.

  12. From committee: Do pass and re-refer to Com. on RLS. (Ayes 3. Noes 2.) (June 14). Re-referred to Com. on RLS.

  13. Referred to Com. on JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 26. Page 1337.)

  16. Read third time and amended. Ordered to third reading. (Page 1278.)

  17. Read second time. Ordered to third reading.

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

  19. From committee: Do pass as amended. (Ayes 8. Noes 4.) (April 13).

  20. Referred to Com. on INS.

  21. From printer. May be heard in committee March 22.

  22. Read first time. To print.

Sponsors

  • Alejo · Primary
  • Ammiano · Cosponsor
  • Beall · Cosponsor
  • Carter · Cosponsor
  • Cedillo · Cosponsor
  • Dickinson · Cosponsor
  • Eng · Cosponsor
  • Furutani · Cosponsor
  • Hancock · Cosponsor
  • Hueso · Cosponsor
  • Lara · Cosponsor
  • Leno · Cosponsor
  • Ma · Cosponsor
  • Monning · Cosponsor
  • Mendoza · Cosponsor
  • Perea · Cosponsor
  • Skinner · Cosponsor
  • Steinberg · Cosponsor
  • Swanson · Cosponsor
  • Williams · Cosponsor
  • Mike Fong · Cosponsor
  • Blanca E. Rubio · Cosponsor
  • Lisa Calderon · Cosponsor
  • Travis Allen · Cosponsor
  • Roger Hernández · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 24 co-sponsors · 97 not signed on · 6 voted No

Sponsors (1)

  • Alejo

Co-sponsors (24)

Not signed on (97)

97 members have not signed on to this bill.

Show all 97 →

"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

Passed 51 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 502502
Democratic 1000
Republican 0200
Total 512702
% of votes cast 64%34%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Eng — Yea
Furutani — Yea
Butler — Yea
Carter — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Chesbro — Yea
Bonilla — Yea
Ammiano — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Mendoza — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Yamada — Yea
Atkins — Yea
Galgiani — Not Voting
Fletcher — Nay
Garrick — Nay
Hagman — Nay
Halderman — Nay
Harkey — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Lara — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Monning — Yea
Norby — Nay
Pan — Yea
Williams — Yea
Campos — Yea
Conway — Nay
Feuer — Yea
Fuentes — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 24 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221302
Democratic 2000
Republican 0100
Total 241402
% of votes cast 60%35%0%5%
How each member voted (40)
Member Party Vote
Hancock — Yea
Lowenthal — Yea
De León — Yea
Lieu — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Yee — Yea
Evans — Yea
Fuller — Nay
Huff — Nay
Leno — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Correa — Yea
Pavley — Yea
Vargas — Yea
Wyland — Nay
Cannella — Nay
Blakeslee — Nay
Runner — Nay
Walters — Not Voting
Wright — Not Voting
Alquist — Yea
Anderson — Nay
Harman — Nay
Hernandez — Yea
Kehoe — Yea
Price — Yea
Emmerson — Nay
DeSaulnier — Yea
Dutton — Nay
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 →

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Yee — Yea
Runner — Not Voting
Leno — Yea
Lieu — Yea
Wyland — Nay
DeSaulnier — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 47 Yea · 26 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 442407
Republican 0200
Democratic 3000
Total 472607
% of votes cast 59%33%0%9%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Huber — Yea
Carter — Yea
Chesbro — Yea
Davis — Yea
Gatto — Yea
Dickinson — Yea
Hall — Yea
Hayashi — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Blumenfield — Yea
Bradford — Yea
Huffman — Yea
Pan — Yea
Perea — Yea
Campos — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Galgiani — Not Voting
Cedillo — Not Voting
Fletcher — Nay
Gorell — Not Voting
Portantino — Not Voting
Beall — Yea
Hagman — Nay
Halderman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Jeffries — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Not Voting
Wagner — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Donnelly — Nay
Fuentes — Yea
Furutani — Not Voting
Garrick — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7300
Democratic 1000
Republican 0100
Total 8400
% of votes cast 67%33%0%0%
How each member voted (12)
Member Party Vote
Feuer — Yea
Carter — Yea
Hagman — Nay
Hayashi — Yea
Miller — Nay
Olsen — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1155 do?
(1) 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. This bill would state the intent of the Legislature to prohibit the use of risk factors and specified characteristics to deny an injured worker his or her rightful benefit when disabled in the workplace. The bill would also state the intent of the Legislature to prohibit the apportionment of risk factors and characteristics without prohibiting the apportionment of documentable preexisting nonindustrial causes of disability or holding an employer liable for any percentage of permanent disability not directly caused by an injury arising out of and occurring in the course of employment. (2) Existing law requires any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury to address the issue of causation of the permanent disability, and requires that the report include an apportionment determination in order to be considered complete on the issue of permanent disability. Existing law requires a physician to make an apportionment determination by finding what approximate percentage of the permanent disability is caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage is caused by other factors. This bill would prohibit the approximate percentage of the permanent disability caused by other factors from including consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics.
Who sponsors AB 1155?
AB 1155 is sponsored by Alejo, Ammiano, Beall, Carter, Cedillo, Dickinson, Eng, Furutani, Hancock, Hueso, Lara, Leno, Ma, Monning, Mendoza, Perea, Skinner, Steinberg, Swanson, Williams, Fong, Mike (Democratic), Rubio, Blanca E. (Democratic), Calderon, Lisa (Democratic), Travis Allen, and Roger Hernández.
What is the current status of AB 1155?
This bill died with 2011-2012 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 1155?
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