California 2009-2010 Regular Session Status: To Executive

SB 972 — Indemnity: design professionals.

Last action — Chaptered by Secretary of State. Chapter 510, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides, for all contracts, and amendments to contracts, entered into on or after January 1, 2007, with a public agency for design professional services, all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts, that purport to indemnify, including the cost to defend, the public agency by a design professional against liability for claims against the public agency, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. This bill would provide, with respect to contracts and amendments to contracts entered into on or after January 1, 2011, with a public agency for design professional services, that all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts or amendments to contracts that purport to require the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The bill would provide that all contracts and all solicitation documents between a public agency and a design professional are deemed to incorporate these provisions by reference.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 510, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 3:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 37. Noes 0. Page 5038.) To enrollment.

  5. In Senate.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 6832.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on August 25.)

  9. From committee: Do pass. (Ayes 9. Noes 0.)

  10. Joint Rule 62(a) file notice suspended. (Page 6608.)

  11. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  12. Re-referred to Com. On JUD. pursuant to Assembly Rule 77.2.

  13. Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)

  14. Read third time. Amended. (Page 6424.) To third reading.

  15. Read second time. To third reading.

  16. Read second time. Amended. To second reading.

  17. (Heard in committee on June 29.)

  18. From committee: Do pass as amended. (Ayes 9. Noes 1.)

  19. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  20. Set, first hearing. Hearing canceled at the request of author.

  21. To Com. on JUD.

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

  23. Read third time. Passed. (Ayes 30. Noes 3. Page 3693.) To Assembly.

  24. Read second time. Amended. To third reading.

  25. From committee: Do pass as amended. (Ayes 4. Noes 0. Page 3444.)

  26. Set, first hearing. Hearing canceled at the request of author.

  27. Set for hearing April 27.

  28. Hearing postponed by committee.

  29. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  30. Set for hearing April 13.

  31. To Com. on JUD.

  32. From print. May be acted upon on or after March 11.

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

Sponsors

  • Wolk · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Wolk

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

SB 972 Wolk Senate Third Reading By JONES

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Carter — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Not Voting
Huffman — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB972 Wolk Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Blakeslee — Yea
Leno — Yea
Runner — Yea
Wyland — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Wolk — Yea
Cogdill — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Hagman — Yea
Evans — Not Voting
Feuer — Yea
Saldana — Yea
Huffman — Yea
Tran — Yea
Brownley — Yea
Knight — Yea
Monning — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8100
Republican 1000
Total 9100
% of votes cast 90%10%0%0%
How each member voted (10)
Member Party Vote
Hagman — Yea
Feuer — Yea
Saldana — Yea
Huffman — Yea
Monning — Yea
Brownley — Yea
Knight — Nay
Tran — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Senate 3rd Reading SB972 Wolk

Passed 31 Yea · 3 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 29205
Republican 1000
Democratic 1100
Total 31305
% of votes cast 79%8%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Cogdill — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Liu — Yea
Corbett — Yea
Correa — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Not Voting
Alquist — Yea
Ducheny — Nay
Dutton — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Hollingsworth — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Leno — Yea
Walters — Not Voting
Corbett — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 972 do?
Existing law provides, for all contracts, and amendments to contracts, entered into on or after January 1, 2007, with a public agency for design professional services, all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts, that purport to indemnify, including the cost to defend, the public agency by a design professional against liability for claims against the public agency, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. This bill would provide, with respect to contracts and amendments to contracts entered into on or after January 1, 2011, with a public agency for design professional services, that all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts or amendments to contracts that purport to require the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The bill would provide that all contracts and all solicitation documents between a public agency and a design professional are deemed to incorporate these provisions by reference.
Who sponsors SB 972?
SB 972 is sponsored by Wolk.
What is the current status of SB 972?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 972?
Track SB 972 free on One Click Politics — get push/email alerts when it moves.

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