California 2009-2010 Regular Session Status: Passed Assembly

AB 2216 — Works of improvement: progress payments: notice: retention proceeds.

Last action — Read third time, passage refused. (Ayes 17. Noes 9. Page 5084.)

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law requires that, for private and public works of improvement, and in a public works contract, a prime contractor or subcontractor pay to any subcontractor, not later than 10 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amount allowed the contractor on account of the work performed by the subcontractors, to the extent of each contractor's interest therein, as prescribed. This bill would, instead, require that those amounts be paid not later than 7 days after receipt of each progress payment. (2) Existing law requires, with regard to a contract entered into on or after January 1, 1995, in order to enforce a claim upon any payment bond given in connection with a public work, that a claimant give the 20-day public works bond preliminary notice, as provided. Existing law further authorizes a claimant, if the 20-day public works preliminary bond notice was not given as prescribed by statute, to enforce a claim by giving written notice to the surety and the bond principal, as provided, within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would, instead, with regard to a contract entered into on or after January 1, 2011, require that the written notice to be given to the surety and the bond principal be given prior to the completion, as defined, of the project, or recordation of a notice of completion, as specified. (3) Existing law authorizes the Department of General Services, or any other department with authority to enter into contracts, to contract with suppliers for goods and services and for public works. Existing law provides that in a contract relating to the construction of a public work of improvement between the public entity and original contractor, the original contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of retention proceeds withheld cannot exceed the percentage specified in the contract between the public entity and the original contractor. This bill would instead, until January 1, 2015, prohibit retention proceeds from exceeding 5% of the payment, as specified, for those contracts entered into on or after January 1, 2011, between a public entity, as defined, and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder. (4) Existing law contains various provisions relating to contracts for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law prohibits progress payments upon these contracts from being made in excess of 95% of the percentage of actual work completed plus a like percentage of the value of material delivered, as specified, and requires the Department of General Services to withhold not less than 5% of the contract price until final completion and acceptance of the project. This bill would instead prohibit progress payments upon these contracts from being made in excess of 100% of the percentage of actual work completed, and would require the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified. (5) The bill would incorporate additional changes made by SB 189 contingent upon the enactment of that bill.

Bill Text

Action History

  1. Read third time, passage refused. (Ayes 17. Noes 9. Page 5084.)

  2. Read third time, amended, and returned to third reading.

  3. Joint Rules 61(b)(15) and 61(b)(16) suspended. (Page 5010.)

  4. Reconsideration granted. (Ayes 35. Noes 0. Page 4899.)

  5. Motion to reconsider made by Senator Padilla.

  6. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 4862.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 7. Noes 0.) (August 2).

  11. Withdrawn from committee. Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  13. From committee: Do pass, and re-refer to Com. on RLS. Re-referred. (Ayes 3. Noes 1.) (June 29).

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. In committee: Hearing postponed by committee.

  16. Referred to Com. on JUD.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 5243.)

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 4).

  22. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 11. Noes 0.) (April 6).

  23. Referred to Coms. on B. & P. and JUD.

  24. From printer. May be heard in committee March 21.

  25. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Fuentes

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

Assembly 3rd Reading AB2216 Fuentes By Padilla

Failed 18 Yea · 9 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 168013
Republican 1000
Democratic 1100
Total 189013
% of votes cast 45%23%0%33%
How each member voted (40)
Member Party Vote
Wyland — Yea
Cedillo — Nay
Hollingsworth — Yea
Huff — Yea
Leno — Yea
McLeod — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
Steinberg — Yea
Yee — Not Voting
Lowenthal — Nay
Corbett — Not Voting
Correa — Nay
Florez — Nay
Hancock — Nay
Ducheny — Not Voting
Oropeza — Not Voting
Pavley — Not Voting
Price — Not Voting
Simitian — Not Voting
Wiggins — Not Voting
Wright — Not Voting
Aanestad — Not Voting
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Harman — Yea
Kehoe — Not Voting
Liu — Nay
Romero — Nay
Walters — Yea
Wolk — Not Voting
Cogdill — Yea
Emmerson — Yea
DeSaulnier — Nay
Denham — Not Voting
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2216 Fuentes By Padilla

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Democratic 2000
Republican 1000
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Blakeslee — Yea
Dutton — Yea
Price — Yea
Simitian — Yea
Wyland — Yea
Florez — Not Voting
Harman — Not Voting
Ducheny — Not Voting
Oropeza — Not Voting
Wiggins — Not Voting
Aanestad — Yea
Ashburn — Yea
Hollingsworth — Not Voting
Huff — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — 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 →

Assembly 3rd Reading AB2216 Fuentes Reconsider

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Yea
Leno — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Oropeza — Not Voting
Steinberg — Yea
Wolk — 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 7 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 7004
Total 7004
% of votes cast 64%0%0%36%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Ashburn — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Leno — Not Voting
Walters — Not Voting
Corbett — Yea
Emmerson — Not Voting

Official roll call →

AB 2216 FUENTES Assembly Third Reading

Passed 79 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 730012
Democratic 3000
Republican 3000
Total 790012
% of votes cast 87%0%0%13%
How each member voted (91)
Member Party Vote
Hall — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
De — Yea
Leon — Yea
Huffman — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Blakeslee — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torre — Not Voting
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Nava — Not Voting
Norby — Not Voting
Torrico — Yea
Tran — Yea
Adams — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Not Voting
Emmerson — Yea
Eng — Yea
Evans — Not Voting
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — 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 →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Evans — Yea
Feuer — Yea
Hagman — Yea
Knight — Yea
Brownley — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Tran — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety housing labor
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Frequently asked questions

What does AB 2216 do?
(1) Existing law requires that, for private and public works of improvement, and in a public works contract, a prime contractor or subcontractor pay to any subcontractor, not later than 10 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amount allowed the contractor on account of the work performed by the subcontractors, to the extent of each contractor's interest therein, as prescribed. This bill would, instead, require that those amounts be paid not later than 7 days after receipt of each progress payment. (2) Existing law requires, with regard to a contract entered into on or after January 1, 1995, in order to enforce a claim upon any payment bond given in connection with a public work, that a claimant give the 20-day public works bond preliminary notice, as provided. Existing law further authorizes a claimant, if the 20-day public works preliminary bond notice was not given as prescribed by statute, to enforce a claim by giving written notice to the surety and the bond principal, as provided, within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would, instead, with regard to a contract entered into on or after January 1, 2011, require that the written notice to be given to the surety and the bond principal be given prior to the completion, as defined, of the project, or recordation of a notice of completion, as specified. (3) Existing law authorizes the Department of General Services, or any other department with authority to enter into contracts, to contract with suppliers for goods and services and for public works. Existing law provides that in a contract relating to the construction of a public work of improvement between the public entity and original contractor, the original contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of retention proceeds withheld cannot exceed the percentage specified in the contract between the public entity and the original contractor. This bill would instead, until January 1, 2015, prohibit retention proceeds from exceeding 5% of the payment, as specified, for those contracts entered into on or after January 1, 2011, between a public entity, as defined, and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder. (4) Existing law contains various provisions relating to contracts for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law prohibits progress payments upon these contracts from being made in excess of 95% of the percentage of actual work completed plus a like percentage of the value of material delivered, as specified, and requires the Department of General Services to withhold not less than 5% of the contract price until final completion and acceptance of the project. This bill would instead prohibit progress payments upon these contracts from being made in excess of 100% of the percentage of actual work completed, and would require the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified. (5) The bill would incorporate additional changes made by SB 189 contingent upon the enactment of that bill.
Who sponsors AB 2216?
AB 2216 is sponsored by Fuentes.
What is the current status of AB 2216?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 AB 2216?
Track AB 2216 free on One Click Politics — get push/email alerts when it moves.

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