California 2017-2018 Regular Session Status: Enacted

SB 189 — Workers' compensation: definition of employee.

Last action — Chaptered by Secretary of State. Chapter 770, Statutes of 2017.

  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 January 26, 2017. Enacted.

Prognosis

Likely to advance 70% · 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.

  • Cleared a recorded vote

    Passed 6 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 establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. Existing law defines an employee, for purposes of the laws governing workers' compensation, to include, among other persons, officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. Existing law excludes from that definition an officer or member of the board of directors of a quasi-public or private corporation, as specified, who owns at least 15% of the issued and outstanding stock and executes a written waiver of his or her rights under the laws governing workers' compensation, stating under penalty of perjury that he or she is a qualifying officer or director. This bill would expand the scope of the exception from the definition of an employee to apply to an officer or member of the board of directors of a quasi-public or private corporation, except as specified, who owns at least 10% of the issued and outstanding stock, or 1% of the issued and outstanding stock of the corporation if that officer's or member's parent, grandparent, sibling, spouse, or child owns at least 10% of the issued and outstanding stock of the corporation and that officer or member is covered by a health care service plan or a health insurance policy, and executes a written waiver, as described above. The bill would expand the scope of the exception to apply to an owner of a professional corporation, as defined, who is a practitioner rendering the professional services for which the professional corporation is organized, and who executes a document, in writing and under penalty of perjury, both waiving his or her rights under the laws governing workers' compensation, and stating that he or she is covered by a health insurance policy or a health care service plan. The bill would expand the scope of the exception to include an officer or member of the board of directors of a cooperative corporation, as specified. The bill would also expand the definition of an employee to specifically include a person who holds the power to revoke a trust, with respect to shares of a private corporation held in trust or general partnership or limited liability company interests held in trust, and would authorize that person to also elect to be excluded from the requirement to obtain workers' compensation coverage, as specified. The bill would provide that an insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. The bill would make other changes relating to the execution and acceptance of waivers. The changes made by the bill would take effect on July 1, 2018, except as specified. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 770, Statutes of 2017.

  2. Approved by the Governor.

  3. (Corrected September 19).

  4. Enrolled and presented to the Governor at 5:30 p.m.

  5. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2904.) Ordered to engrossing and enrolling.

  6. Ordered to special consent calendar.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 78. Noes 0. Page 3156.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 15. Noes 0.) (August 23).

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

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 12).

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

  17. Referred to Com. on INS.

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

  19. Read third time. Passed. (Ayes 37. Noes 0. Page 1134.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  22. Set for hearing May 15.

  23. May 8 hearing postponed by committee.

  24. Set for hearing May 8.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 853.) (April 26). Re-referred to Com. on APPR.

  26. Set for hearing April 26.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.

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

  29. From printer. May be acted upon on or after February 26.

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

Sponsors

  • Bradford · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Bradford

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

Special Consent Calendar SB189

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Leyva — Yea
Moorlach — Yea
Newman — Yea
Pan — Yea
Skinner — Yea
Dodd — Yea
Galgiani — Yea
Fuller — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 189 Bradford Senate Third Reading By DALY

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 15000
Republican 6000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Levine — Yea
Maienschein — Yea
Mathis — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Harper — Yea
Chávez — Yea
Mayes — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Rubio — Yea
Salas — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Fong — Yea
Gray — Yea
Kiley — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Baker — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooper — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 3000
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Not Voting
Brough — Yea
Eggman — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Yea
Chau — Yea
Jones-Sawyer — Yea
Obernolte — Yea
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 2001
Republican 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Voepel — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Chu — Yea
Melendez — Yea
Bigelow — Yea
Cooley — Yea
Cooper — Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Gipson, Mike A. Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Bates — Yea
Hernandez — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Yea
Pan — Not Voting
Roth — Yea
Vidak — Yea
Wilk — Yea
Galgiani — Yea
Fuller — Not Voting
Cannella — Yea
Allen — Yea
De León — Yea
Dodd — Yea
Glazer — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hertzberg — Yea
Hill — Yea
Anderson — Not Voting
Beall — Yea
Bradford — Yea
Hueso — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

labor health-insurance
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Frequently asked questions

What does SB 189 do?
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. Existing law defines an employee, for purposes of the laws governing workers' compensation, to include, among other persons, officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. Existing law excludes from that definition an officer or member of the board of directors of a quasi-public or private corporation, as specified, who owns at least 15% of the issued and outstanding stock and executes a written waiver of his or her rights under the laws governing workers' compensation, stating under penalty of perjury that he or she is a qualifying officer or director. This bill would expand the scope of the exception from the definition of an employee to apply to an officer or member of the board of directors of a quasi-public or private corporation, except as specified, who owns at least 10% of the issued and outstanding stock, or 1% of the issued and outstanding stock of the corporation if that officer's or member's parent, grandparent, sibling, spouse, or child owns at least 10% of the issued and outstanding stock of the corporation and that officer or member is covered by a health care service plan or a health insurance policy, and executes a written waiver, as described above. The bill would expand the scope of the exception to apply to an owner of a professional corporation, as defined, who is a practitioner rendering the professional services for which the professional corporation is organized, and who executes a document, in writing and under penalty of perjury, both waiving his or her rights under the laws governing workers' compensation, and stating that he or she is covered by a health insurance policy or a health care service plan. The bill would expand the scope of the exception to include an officer or member of the board of directors of a cooperative corporation, as specified. The bill would also expand the definition of an employee to specifically include a person who holds the power to revoke a trust, with respect to shares of a private corporation held in trust or general partnership or limited liability company interests held in trust, and would authorize that person to also elect to be excluded from the requirement to obtain workers' compensation coverage, as specified. The bill would provide that an insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. The bill would make other changes relating to the execution and acceptance of waivers. The changes made by the bill would take effect on July 1, 2018, except as specified. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 189?
SB 189 is sponsored by Bradford.
What is the current status of SB 189?
This bill has been enacted into law. Introduced January 26, 2017. Enacted.
Where can I track SB 189?
Track SB 189 free on One Click Politics — get push/email alerts when it moves.

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