SB 259 — Virginia Public Procurement Act; performance and payment bonds.
Last action — Approved by Governor-Chapter 565 (effective 7/1/22)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 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
Virginia Public Procurement Act; performance and payment bonds. Requires a performance bond and payment bond to be furnished by the contractor for all nontransportation-related public construction contracts that exceed $500,000 and all transportation-related projects that exceed $350,000 and are partially or wholly funded by the Commonwealth. Current law only requires these bonds for certain types of contracts.
Bill Text
What changed in the latest version
53 added · 52 removedPlain-language change summary
The updated version of Bill SB 259 clarified the requirements for performance and payment bonds in public construction contracts. It simplifies the language so it's clearer which contracts need these bonds, specifically noting that it applies to any public construction contract over $500,000 and transportation-related projects over $350,000 that are funded by the state. This change matters because it ensures better financial protection for workers and suppliers involved in these contracts, promoting fair payment practices in public projects.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E565 An Act to amend and reenact § 2.2-4337 of the Code of Virginia, relating to the Virginia PublicNPublic Procurement Act;
R O [S 259] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
E § 2.2-4337.
DA. public construction contract exceeding $500,000 awarded to any prime contractor;
(ii)Except constructionas contractprovided exceedingin $500,000subsection awardedH, toupon anyUpon prime contractor requiring the performanceaward of laborany or(i) thenontransportation-related furnishingpublic ofconstruction materialscontract forexceeding buildings,$500,000 structuresawarded or other improvements to realany propertyprime ownedcontractor; or leased by a public body;
(iii)(ii) construction contract exceeding $500,000 inawarded whichto any prime contractor requiring the performance of labor or the furnishing of materials for buildings, structures or other improvements to real property owned or leased the furnishing of materials will be paid with public funds;
or (iv) (ii) transportation-related projects project authorized pursuant to Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 exceeding $350,000 that are is partially or wholly funded by the Commonwealth, the contractor shall furniBhfurnish to the public body the following bonds:
51. of the contract in strict conformity with the plans, specifications, and conditions of the contEact.
A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications, and conditions of the contract.
For transportation-related projects authorized under Article such(§ bond33.2-208 shallet beseq.) inof aChapter form2 andof amountTitle satisfactory33.2 toand thepartially publicor body.ywholly funded by the Commonwealth, "Laborsuch orbond materials" shall includebe publicin utilitya servicesform and reasonableamount rentalssatisfactory ofto equipment, but only for periods when the equipmentpublic rentedbody. is actually used at the site.
"Labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site.
beD. payable to the Commonwealth of Virginia, naming also the agency or institution thereof.
BondsC. shall required for the contracts of other public bodies shall be payable to such public body.
If the public body is the Commonwealth, or any agency or institution thereof, the bonds shall be payable to the Commonwealth of Virginia, naming also the agency or institution thereof.
Bonds required for the contracts of other public bodies shall be payable to such public body.
furnishG. a payment bond with surety thereon in the sum of the full amount of the contract with sucho subcontractor conditioned upon the payment to all persons who have and fulfill contracts that are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.
F.
Nothing in this section shall preclude the contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts that are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.
View plain text versions (4)
- CHAP0565 View text Current pdf April 11, 2022
- SB259ER View text pdf March 11, 2022
- Committee Substitute Committee substitute printed 22107007D-H1 pdf March 03, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101398D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 565 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Impact statement from DPB (SB259ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Title replaced 22107007D-H1
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House substitute agreed to by Senate (39-Y 0-N)
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VOTE: Block Vote Passage (98-Y 0-N)
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Passed House with substitute BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute SB259H1
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Committee substitute agreed to 22107007D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB259H1)
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Committee substitute printed 22107007D-H1
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Reported from General Laws with substitute (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting (5-Y 1-N)
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Assigned GL sub: Subcommittee #4
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Read second time and engrossed
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Passed by for the day
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Constitutional reading dispensed (40-Y 0-N)
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Reported from General Laws and Technology (15-Y 0-N)
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Impact statement from DPB (SB259)
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/12/22 22101398D
Sponsors
- John J. Bell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 3 |
| Total | 5 | 1 | 0 | 3 |
| % of votes cast | 56% | 11% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Campbell, Jeffrey L. | — | Nay |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Not Voting |
| James A. "Jay" Leftwich | — | Not Voting |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Not Voting |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 259 do?
- Virginia Public Procurement Act; performance and payment bonds. Requires a performance bond and payment bond to be furnished by the contractor for all nontransportation-related public construction contracts that exceed $500,000 and all transportation-related projects that exceed $350,000 and are partially or wholly funded by the Commonwealth. Current law only requires these bonds for certain types of contracts.
- Who sponsors SB 259?
- SB 259 is sponsored by Bell, John J..
- What is the current status of SB 259?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 259?
- Track SB 259 free on One Click Politics — get push/email alerts when it moves.
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