California 2009-2010 Regular Session Status: To Executive Bipartisan · 1 D · 1 R cosponsors

SB 45 — Public works: payment of prevailing wage: violations.

Last action — Stricken from Senate file.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 generally requires the payment of the general prevailing rate of per diem wages to workers employed on public works projects. Under existing law, whenever a contractor or subcontractor performing a public works project is found by the Labor Commissioner to be either in violation of certain provisions of law, with intent to defraud, or in willful violation of those provisions of law, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible to bid on or to receive a public works contract for specified periods of time. This bill would provide that a contractor or subcontractor performing a public works project who is found by the Labor Commissioner to be in violation of the public works law, with intent to defraud, for the first time, is ineligible to bid on or be awarded a contract for a public works project for specified periods of time, with a prescribed exception related to apprenticeship requirements, but would provide that for a 2nd violation of the public works law, with intent to defraud, the contractor or subcontractor shall be ineligible to bid on or be awarded a public works contract.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 10:30 a.m.

  5. Senate concurs in Assembly amendments. (Ayes 23. Noes 15. Page 2339.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 47. Noes 28. Page 2867.) To Senate.

  8. (Corrected August 31.)

  9. Read third time. Amended. (Page 2757.) To third reading.

  10. Read second time. To third reading.

  11. (Heard in committee on August 19.)

  12. From committee: Do pass. (Ayes 12. Noes 5.)

  13. (Heard in committee on July 8.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 2.) Re-referred to Com. on APPR.

  15. Hearing postponed by committee.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. & E.

  17. To Com. on L. & E.

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

  19. Read third time. Passed. (Ayes 21. Noes 11. Page 792.) To Assembly.

  20. Read second time. To third reading.

  21. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  22. Set for hearing April 20.

  23. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 4. Noes 0. Page 347.) Re-referred to Com. on APPR.

  24. Set for hearing March 25.

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

  26. To Com. on L. & I.R.

  27. From print. May be acted upon on or after February 7.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"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

Unfinished Business SB45 Padilla

Passed 24 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211502
Democratic 2000
Republican 1000
Total 241502
% of votes cast 59%37%0%5%
How each member voted (41)
Member Party Vote
Hancock — Yea
Yee — Yea
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Dutton — Nay
Harman — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Alquist — Yea
Benoit — Nay
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Runner — Nay
Ducheny — Not Voting
Walters — Nay
Aanestad — Nay
Ashburn — Nay
Hollingsworth — Nay
Maldonado — Nay
Price — Yea
Wiggins — Yea
Wyland — Nay
Cogdill — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 45 Padilla Senate Third Reading By MONNING

Passed 56 Yea · 31 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 522904
Democratic 3000
Republican 1200
Total 563104
% of votes cast 62%34%0%4%
How each member voted (91)
Member Party Vote
Carter — Yea
Eng — Yea
Evans — Yea
Chesbro — Yea
Feuer — Yea
Furutani — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Beall — Yea
Coto — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Galgiani — Not Voting
Yamada — Yea
Fletcher — Nay
Audra — Nay
Gilmore — Nay
Cook — Nay
Hagman — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Nestande — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Bass — Yea
Blakeslee — Nay
DeVore — Nay
Duvall — Nay
Tran — Nay
Villines — Nay
A. — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hayashi — Yea
Hill — Yea
Krekorian — Yea
Ma — Yea
Miller — Nay
Monning — Yea
Nielsen — Not Voting
Skinner — Yea
Swanson — Yea
Torrico — Not Voting
Emmerson — Nay
Davis — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Conway — Nay
Harkey — Nay
Hill — Yea
Miller — Nay
Coto — Yea
Duvall — Nay
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB45 Padilla

Passed 22 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 191106
Democratic 3000
Republican 0001
Total 221107
% of votes cast 55%28%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Hancock — Yea
Negrete — Yea
Corbett — Yea
Harman — Nay
Huff — Nay
Ducheny — Yea
Liu — Yea
McLeod — Yea
Runner — Not Voting
Oropeza — Yea
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
Maldonado — Nay
Walters — Nay
Wolk — Yea
Wyland — Nay
Cogdill — Nay
Correa — Not Voting
Cox — Nay
DeSaulnier — Not Voting
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 45 do?
Existing law generally requires the payment of the general prevailing rate of per diem wages to workers employed on public works projects. Under existing law, whenever a contractor or subcontractor performing a public works project is found by the Labor Commissioner to be either in violation of certain provisions of law, with intent to defraud, or in willful violation of those provisions of law, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible to bid on or to receive a public works contract for specified periods of time. This bill would provide that a contractor or subcontractor performing a public works project who is found by the Labor Commissioner to be in violation of the public works law, with intent to defraud, for the first time, is ineligible to bid on or be awarded a contract for a public works project for specified periods of time, with a prescribed exception related to apprenticeship requirements, but would provide that for a 2nd violation of the public works law, with intent to defraud, the contractor or subcontractor shall be ineligible to bid on or be awarded a public works contract.
Who sponsors SB 45?
SB 45 is sponsored by Padilla, Stephen C. (Democratic) and Strickland, Tony (Republican).
What is the current status of SB 45?
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 45?
Track SB 45 free on One Click Politics — get push/email alerts when it moves.

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