California 2013-2014 Regular Session Status: Enacted

AB 1309 — Workers' compensation: professional athletes.

Last action — Chaptered by Secretary of State - Chapter 653, Statutes of 2013.

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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 22, 2013. 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.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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 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, or in the course of, employment. Existing law provides that an injury may be either "specific," occurring as the result of one incident or exposure that causes disability or need for medical treatment, or "cumulative," occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. Existing law provides that an employee who has been hired outside of this state and his or her employer are exempt from these provisions while the employee is temporarily within this state doing work for his or her employer if the employer has furnished workers' compensation insurance coverage under the workers' compensation insurance or similar laws of a state other than California, as specified. This bill would exempt an employee hired outside of this state and his or her employer from the occupational disease and cumulative injury provisions of this state's workers' compensation laws if (1) the employee is a professional athlete, defined, for purposes of these provisions, to include an athlete who is employed at the minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer, (2) that professional athlete is temporarily within this state doing work for his or her employer, and (3) the employer has furnished workers' compensation insurance under the laws of the state other than California that covers the professional athlete's employment while in this state, except as specified. This bill would deem a professional athlete to be temporarily within the state doing work for his or her employer if, during the 365 consecutive days immediately preceding the professional athlete's last day of work for the employer within the state, the professional athlete performs less than 20% of his or her duty days, as defined, in the state. The bill would also exempt a professional athlete and his or her employer from the occupational disease or cumulative injury provisions of this state's workers' compensation laws when all of the professional athlete's employers in his or her last year of work as a professional athlete are exempt from these provisions unless the professional athlete has, over the course of his or her professional athletic career, (1) worked for 2 or more seasons for a California-based team or teams, as defined, or worked 20% or more of his or her duty days in California or for a California-based team, and, (2) worked for fewer than 7 seasons for any team other than a California-based team. The bill would also state that it is the intent of the Legislature that the decision of the Workers' Compensation Appeals Board in Wesley Carroll v. Cincinnati Bengals, et al. (2013) 78 Cal.Comp.Cases ____ (ADJ2295331) (WCAB En Banc) be limited to professional athletes, and would include other specified statements of legislative intent. The bill would provide that these changes apply to all pending claims for benefits filed on or after September 15, 2013, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 653, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 3. Page 3041.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 2. Page 2188.).

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  12. Read second time and amended. Re-referred to Com. on RLS.

  13. From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 5. Noes 0.) (July 10).

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

  15. Referred to Coms. on L. & I.R., RLS. and APPR.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 4. Page 1221.)

  18. Read second time. Ordered to third reading.

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

  20. From committee: Do pass as amended. (Ayes 11. Noes 0.) (April 24).

  21. Re-referred to Com. on INS.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  23. Referred to Com. on INS.

  24. Read first time.

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

  26. Introduced. To print.

Sponsors

  • Buchanan · Cosponsor
  • Correa · Cosponsor
  • Conway · Cosponsor
  • Hagman · Cosponsor
  • Hall · Cosponsor
  • Hill · Cosponsor
  • Huff · Cosponsor
  • Lara · Cosponsor
  • Lieu · Cosponsor
  • Perea · Primary
  • Wyland · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 10 co-sponsors · 111 not signed on · 3 voted No

Sponsors (1)

  • Perea

Co-sponsors (10)

  • Buchanan
  • Correa
  • Conway
  • Hagman
  • Hall
  • Hill
  • Huff
  • Lara
  • Lieu
  • Wyland

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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 1309 PEREA Concurrence in Senate Amendments

Passed 66 Yea · 3 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 60308
Democratic 3001
Republican 3000
Total 66309
% of votes cast 85%4%0%12%
How each member voted (78)
Member Party Vote
Alejo — Yea
Ammiano — Not Voting
Bloom — Yea
Bradford — Not Voting
Brown — Yea
Buchanan — Yea
Harkey — Yea
Levine — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Wagner — Yea
Wieckowski — Not Voting
Atkins — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Wilk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Lowenthal — Nay
Chesbro — Yea
Chávez — Yea
Conway — Yea
Morrell — Yea
Cooley — Yea
Gorell — Yea
Allen — Yea
Hagman — Yea
Garcia — Yea
Gray — Yea
Bigelow — Yea
Waldron — Yea
Achadjian — Yea
Donnelly — Yea
Nestande — Yea
Rendon — Not Voting
Skinner — Not Voting
Ting — Not Voting
Weber — Yea
Williams — Not Voting
Daly — Yea
Dickinson — Yea
Eggman — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Nay
Mark Stone — Nay
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1309 Perea By Hill

Passed 34 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32202
Democratic 2001
Total 34203
% of votes cast 87%5%0%8%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Not Voting
Hernandez — Yea
Hueso — Yea
Lieu — Yea
Steinberg — Yea
Vidak — Yea
Wolk — Yea
Emmerson — Yea
Galgiani — Yea
Huff — Yea
Leno — Yea
Correa — Yea
Liu — Yea
Wright — Nay
Wyland — Yea
De León — Yea
Evans — Yea
Fuller — Yea
Cannella — Yea
Hill — Yea
Knight — Yea
Lara — Yea
Monning — Nay
Nielsen — Yea
Anderson — Yea
Corbett — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Walters — Yea
DeSaulnier — Yea
Yee — Not Voting
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1309 PEREA Assembly Third Reading

Passed 61 Yea · 4 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 544010
Democratic 5002
Republican 2002
Total 614014
% of votes cast 77%5%0%18%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Not Voting
Bigelow — Yea
Bloom — Yea
Blumenfield — Nay
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Medina — Yea
Melendez — Yea
Morrell — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Perea — Yea
Rendon — Nay
Skinner — Not Voting
Ting — Not Voting
Torres — Yea
Waldron — Yea
Wilk — Yea
Williams — Not Voting
Campos — Yea
Chesbro — Not Voting
Chávez — Yea
Cooley — Yea
Daly — Yea
Stone — Yea
Gray — Yea
Mitchell — Yea
Bonilla — Yea
Mullin — Yea
Bocanegra — Yea
Wagner — Yea
John A. Pérez — Yea
Weber — Yea
Salas — Yea
Donnelly — Yea
Chau — Yea
Nazarian — Nay
Conway — Yea
Lowenthal — Not Voting
Wieckowski — Not Voting
Atkins — Not Voting
Dickinson — Yea
Eggman — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Hall — Yea
Beth Gaines — Yea
Roger Hernández — Nay
V. Manuel Pérez — Not Voting
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Not Voting
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 as amended.

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10002
Democratic 1000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Bradford — Not Voting
Olsen — Yea
Perea — Yea
Hagman — Yea
Cooley — Yea
Bonilla — Yea
Mitchell — Yea
Nestande — Yea
Torres — Yea
Wieckowski — Not Voting
Frazier — Yea
Beth Gaines — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1309 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, or in the course of, employment. Existing law provides that an injury may be either "specific," occurring as the result of one incident or exposure that causes disability or need for medical treatment, or "cumulative," occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. Existing law provides that an employee who has been hired outside of this state and his or her employer are exempt from these provisions while the employee is temporarily within this state doing work for his or her employer if the employer has furnished workers' compensation insurance coverage under the workers' compensation insurance or similar laws of a state other than California, as specified. This bill would exempt an employee hired outside of this state and his or her employer from the occupational disease and cumulative injury provisions of this state's workers' compensation laws if (1) the employee is a professional athlete, defined, for purposes of these provisions, to include an athlete who is employed at the minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer, (2) that professional athlete is temporarily within this state doing work for his or her employer, and (3) the employer has furnished workers' compensation insurance under the laws of the state other than California that covers the professional athlete's employment while in this state, except as specified. This bill would deem a professional athlete to be temporarily within the state doing work for his or her employer if, during the 365 consecutive days immediately preceding the professional athlete's last day of work for the employer within the state, the professional athlete performs less than 20% of his or her duty days, as defined, in the state. The bill would also exempt a professional athlete and his or her employer from the occupational disease or cumulative injury provisions of this state's workers' compensation laws when all of the professional athlete's employers in his or her last year of work as a professional athlete are exempt from these provisions unless the professional athlete has, over the course of his or her professional athletic career, (1) worked for 2 or more seasons for a California-based team or teams, as defined, or worked 20% or more of his or her duty days in California or for a California-based team, and, (2) worked for fewer than 7 seasons for any team other than a California-based team. The bill would also state that it is the intent of the Legislature that the decision of the Workers' Compensation Appeals Board in Wesley Carroll v. Cincinnati Bengals, et al. (2013) 78 Cal.Comp.Cases ____ (ADJ2295331) (WCAB En Banc) be limited to professional athletes, and would include other specified statements of legislative intent. The bill would provide that these changes apply to all pending claims for benefits filed on or after September 15, 2013, as specified.
Who sponsors AB 1309?
AB 1309 is sponsored by Buchanan, Correa, Conway, Hagman, Hall, Hill, Huff, Lara, Lieu, Perea, and Wyland.
What is the current status of AB 1309?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track AB 1309?
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