BILL NUMBER: AB 802	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 21, 2013

   An act to amend Section 1281.96 of the Code of Civil Procedure,
relating to consumer arbitration.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 802, as introduced, Wieckowski. Private arbitration companies:
disclosures.
   Existing law regulates arbitration conducted pursuant to an
arbitration agreement, as specified. Existing law requires a private
arbitration company involved in consumer arbitration cases to collect
and make certain information regarding those cases available to the
public in a computer-searchable format, accessible at the Internet
Web site of the private arbitration company, if it has an Internet
Web site, and on paper upon request.
   This bill would require that information, made available to the
public in a computer-searchable format on a private arbitration
company's Internet Web site, to also be available in a sortable
database format.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1281.96 of the Code of Civil Procedure is
amended to read:
   1281.96.  (a) Except as provided in paragraph (2) of subdivision
(b),  any   a  private arbitration company
that administers or is otherwise involved in, a consumer arbitration,
shall collect, publish at least quarterly, and make available to the
public in a computer-searchable  and sortable database 
format, which shall be accessible at the Internet Web site  , if
any,  of the private arbitration  company, if any,
  company  and on paper upon request, all of the
following information regarding each consumer arbitration within the
preceding five years:
   (1) The name of the nonconsumer party, if the nonconsumer party is
a corporation or other business entity.
   (2) The type of dispute involved, including goods, banking,
insurance, health care, employment, and, if it involves employment,
the amount of the employee's annual wage divided into the following
ranges: less than one hundred thousand dollars ($100,000), one
hundred thousand dollars ($100,000) to two hundred fifty thousand
dollars ($250,000), inclusive, and over two hundred fifty thousand
dollars ($250,000).
   (3) Whether the consumer or nonconsumer party was the prevailing
party.
   (4) On how many occasions, if any, the nonconsumer party has
previously been a party in an arbitration or mediation administered
by the private arbitration company.
   (5) Whether the consumer party was represented by an attorney.
   (6) The date the private arbitration company received the demand
for arbitration, the date the arbitrator was appointed, and the date
of disposition by the arbitrator or private arbitration company.
   (7) The type of disposition of the dispute, if known, including
withdrawal, abandonment, settlement, award after hearing, award
without hearing, default, or dismissal without hearing.
   (8) The amount of the claim, the amount of the award, and any
other relief granted, if any.
   (9) The name of the arbitrator, his or her total fee for the case,
and the percentage of the arbitrator's fee allocated to each party.
   (b) (1) If the information required by subdivision (a) is provided
by the private arbitration company in a computer-searchable  and
sortable database  format at the company's Internet Web site
and may be downloaded without  any   a 
fee, the company may charge the actual cost of copying to any person
who requests the information on paper. If the information required by
subdivision (a) is not accessible by the Internet, the company shall
provide that information without charge to any person who requests
the information on paper.
   (2) Notwithstanding paragraph (1), a private arbitration company
that receives funding pursuant to Chapter 8 (commencing with Section
465) of Division 1 of the Business and Professions  Code,
  Code  and that administers or conducts fewer than
50 consumer arbitrations per year may collect and publish the
information required by subdivision (a) semiannually, provide the
information only on paper, and charge the actual cost of copying.
   (c) This section shall apply to any consumer arbitration commenced
on or after January 1, 2003.
   (d)  No   A  private arbitration company
shall  not  have any liability for collecting, publishing,
or distributing the information required by this section.