California 2013-2014 Regular Session Status: Passed Assembly

AB 993 — Contractors: arbitration.

Last action — From Senate committee without further action.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Contractors' State License Law provides for licensing and regulation of contractors by the Contractors' State License Board. Existing law establishes an arbitration process administered by the board to resolve disputes between contractors and consumers. Existing law requires that if a dispute goes to arbitration, the arbitrator or arbitrator association be approved by the board. Existing law authorizes an arbitrator to grant any remedy or relief deemed just and equitable and within the scope of the board's referral to the arbitrator and the requirements of the board, including costs and expenses. This bill would provide that a party that submits a dispute to arbitration waives any right to recover attorney's fees or to challenge an arbitrator's award of attorney's fees in a civil action related to the dispute. Existing law requires the board or appointed arbitration association to provide the parties with a list of the times, dates, and locations of the hearing to be held, and requires the parties to notify the arbitrator of the convenient times and dates within 7 calendar days of the mailing of the list. Existing law requires the arbitrator to fix the time, place, and location of the hearing, if the parties fail to respond within that timeframe. A record is not required to be taken of the hearing proceedings. This bill would instead require the parties to notify the arbitrator of times, dates, and locations convenient to each party, as specified, and require the arbitrator to fix the time, date, and location of the hearing after considering the responses of the parties. Existing law provides that any person having a direct interest in the arbitration is entitled to attend the hearing, but that it shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person. This bill would provide that the arbitrator shall not exclude any other person from attendance at the hearing without good cause, consistent with the public nature of the proceeding. Under existing law, any party to the proceeding may have a record made at its own expense. This bill would require a party making a recording of a hearing to supply that recording, at its own expense, to the auditor. Existing law authorizes the hearing to be reopened on the arbitrator's own motion, and provides that service of any papers or process in connection with these proceedings shall be by personal service or by regular mail on a party at the last known address. This bill would authorize the hearing to be reopened on the arbitrator's motion prior to the rendering of an award, and would provide that service by first class mail is complete upon deposit into specified mail receptacles. The bill would make other related changes.

Bill Text

Action History

  1. From Senate committee without further action.

  2. From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 17). Re-referred to Com. on JUD.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  4. Referred to Coms. on B., P. & E.D. and JUD.

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

  6. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1577.)

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 15).

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 13. Noes 0.) (April 30). Re-referred to Com. on APPR.

  10. Re-referred to Com. on B.,P. & C.P.

  11. Read second time and amended.

  12. From committee: Do pass as amended and re-refer to Com. on B.,P. & C.P. (Ayes 10. Noes 0.) (April 23).

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

  14. Referred to Coms. on JUD. and B.,P. & C.P.

  15. Read first time.

  16. From printer. May be heard in committee March 26.

  17. Introduced. To print.

Sponsors

  • Linder · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Linder

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 993 LINDER Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65002
Democratic 7000
Republican 2002
Total 74004
% of votes cast 95%0%0%5%
How each member voted (78)
Member Party Vote
Bigelow — Yea
Blumenfield — Yea
Buchanan — Yea
Holden — Not Voting
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Mullin — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Daly — Yea
Gorell — Yea
Hagman — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Logue — Yea
Nazarian — Yea
Skinner — Yea
Frazier — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Levine — Yea
Medina — Yea
John A. Pérez — Yea
Melendez — Yea
Salas — Yea
Morrell — Yea
Chesbro — Yea
Nestande — Yea
Pan — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Quirk — Yea
Wagner — Yea
Waldron — Not Voting
Wieckowski — Yea
Wilk — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Harkey — Yea
Pan — Yea
Rendon — Yea
Weber — Yea
Hall — Yea
Bocanegra — Yea
Campos — Yea
Donnelly — Yea
Eggman — Yea
Linder — Yea
Quirk — Yea
Wagner — Yea
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Republican 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Maienschein — Yea
Skinner — Yea
Wilk — Yea
Campos — Yea
Gordon — Yea
Bocanegra — Yea
Hagman — Yea
Holden — Yea
Dickinson — Yea
Eggman — Yea
Mullin — Yea
Ting — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Business, Professions and Consumer Protection.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Dickinson — Yea
Chau — Yea
Gorell — Yea
Stone — Yea
Alejo — Yea
Wagner — Yea
Wieckowski — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 993 do?
The Contractors' State License Law provides for licensing and regulation of contractors by the Contractors' State License Board. Existing law establishes an arbitration process administered by the board to resolve disputes between contractors and consumers. Existing law requires that if a dispute goes to arbitration, the arbitrator or arbitrator association be approved by the board. Existing law authorizes an arbitrator to grant any remedy or relief deemed just and equitable and within the scope of the board's referral to the arbitrator and the requirements of the board, including costs and expenses. This bill would provide that a party that submits a dispute to arbitration waives any right to recover attorney's fees or to challenge an arbitrator's award of attorney's fees in a civil action related to the dispute. Existing law requires the board or appointed arbitration association to provide the parties with a list of the times, dates, and locations of the hearing to be held, and requires the parties to notify the arbitrator of the convenient times and dates within 7 calendar days of the mailing of the list. Existing law requires the arbitrator to fix the time, place, and location of the hearing, if the parties fail to respond within that timeframe. A record is not required to be taken of the hearing proceedings. This bill would instead require the parties to notify the arbitrator of times, dates, and locations convenient to each party, as specified, and require the arbitrator to fix the time, date, and location of the hearing after considering the responses of the parties. Existing law provides that any person having a direct interest in the arbitration is entitled to attend the hearing, but that it shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person. This bill would provide that the arbitrator shall not exclude any other person from attendance at the hearing without good cause, consistent with the public nature of the proceeding. Under existing law, any party to the proceeding may have a record made at its own expense. This bill would require a party making a recording of a hearing to supply that recording, at its own expense, to the auditor. Existing law authorizes the hearing to be reopened on the arbitrator's own motion, and provides that service of any papers or process in connection with these proceedings shall be by personal service or by regular mail on a party at the last known address. This bill would authorize the hearing to be reopened on the arbitrator's motion prior to the rendering of an award, and would provide that service by first class mail is complete upon deposit into specified mail receptacles. The bill would make other related changes.
Who sponsors AB 993?
AB 993 is sponsored by Linder.
What is the current status of AB 993?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 993?
Track AB 993 free on One Click Politics — get push/email alerts when it moves.

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