Senate Bill 1638 (Lockyer-1994)
Chapter 1202, Statutes of 1994 - SB 1638
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Section 1281.9, pertaining to the selection of an arbitrator, was added to the Code of Civil Procedure in 1994 following legislative passage of Senate Bill 1638, which affected this section only. (See Exhibit #1g) Senator Bill Lockyer introduced Senate Bill 1638 on February 23, 1994 at the request of the California Trial Lawyers Association. (See Exhibits #1a, #3 and #7)
Senate Bill 1638 was assigned to the Senate and Assembly Committees on Judiciary. (See Exhibits #3 and #7) Five amendments were made to the bill, one by the Senate on May 27, 1994 and four by the Assembly on July 1, August 9, August 16 and August 26, 1994. (See Exhibits #1b through #1f and #2) Senate Bill 1638 was forwarded to the Governor on September 15, 1994. (See Exhibit #2) Governor Pete Wilson signed the bill on September 30, 1994, and it was recorded by the Secretary of State as Chapter 1202 of the Statutes of 1994. (See Exhibits #1g and #2)
The Unfinished Business analysis, prepared by the Office of Senate Floor Analyses on Senate Bill 1638 as it was last amended on August 26, 1994, described the effect of the bill as follows:
. . . This bill would require a person who is proposed for nomination or appointment to serve as a neutral arbitrator in any contractual arbitration proceeding to disclose, within 10 days of service of notice, specified information concerning prior or pending cases arbitrated by the proposed arbitration [sic].
(See Exhibit #10, page 1)