California 2009-2010 Regular Session Status: Enacted

AB 145 — Motor carriers: construction trucking services.

Last action — Chaptered by Secretary of State - Chapter 429, Statutes of 2010.

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

This bill has been enacted into law. Introduced January 22, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

(1) Existing law requires the Department of Motor Vehicles to regulate the safe operation of specified vehicles, including commercial motor vehicles and trailer and semitrailer commercial vehicle combinations owned and operated by motor carriers. Existing law also requires every motor carrier of property to comply with specified safety, permit, and liability insurance regulations and to pay the fees required by these provisions. Existing law also prohibits a motor carrier of property from contracting or subcontracting with, or otherwise engaging the services of, another motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by the above provisions, of compliance with safety inspection, certificate, permit, and financial responsibility requirements. A violation of those provisions is a misdemeanor. This bill would apply this prohibition to a broker of construction trucking services, as defined, and would prohibit that broker from furnishing construction transportation services to any construction project unless it has secured a surety bond of not less than $15,000 that meets specified requirements. The bill would make a broker of construction trucking services who violates these provisions guilty of a misdemeanor and subject to a fine of up to $5,000. The bill would also create a rebuttable presumption in any civil action brought against a broker of construction trucking services by a motor carrier of property in dump truck equipment with whom the broker contracted during any period of time in which the broker did not have a surety bond in violation of the above-described provisions, that the broker failed to pay to the motor carrier the amount due and owing. By expanding the scope of an existing crime and creating new crimes, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 429, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:50 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 6166.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 11 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4411.)

  7. Ordered to Special Consent Calendar.

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

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

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

  12. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (June 15).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

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

  15. Referred to Com. on T. & H.

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

  17. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1239.)

  18. Read second time. To Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (April 22).

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 14. Noes 0.) (April 13).

  21. Re-referred to Com. on TRANS.

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

  23. Referred to Com. on TRANS.

  24. From printer. May be heard in committee February 22.

  25. Read first time. To print.

Sponsors

  • De Leon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • De Leon

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

AB 145 DE LEON Concurrence in Senate Amendments

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 84001
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Bill — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Norby — Not Voting
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
Yamada — Yea
Fuller — Yea
Garrick — 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 →

Special Consent #30 AB145 De Leon

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Florez — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Romero — Yea
Walters — Not Voting
Wyland — Yea
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Lowenthal — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Oropeza — Not Voting
Pavley — Yea
Simitian — Yea
Ashburn — Yea
DeSaulnier — Yea

Official roll call →

AB 145 DE LEON Consent Calendar Second Day Regular Session

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 5000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Hagman — Yea
Ammiano — Yea
Beall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Huffman — Not Voting
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Bass — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Harkey — Yea
Miller — Yea
Ammiano — Yea
Duvall — Yea
Skinner — Yea
Torlakson — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Democratic 1000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Conway — Yea
Furutani — Yea
Galgiani — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Jeffries — Yea
Miller — Yea
Blumenfield — Yea
Torlakson — Yea
Buchanan — Yea
Solorio — Yea
Eng — Yea
Garrick — Yea
Lowenthal, Josh Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

labor transportation
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Frequently asked questions

What does AB 145 do?
(1) Existing law requires the Department of Motor Vehicles to regulate the safe operation of specified vehicles, including commercial motor vehicles and trailer and semitrailer commercial vehicle combinations owned and operated by motor carriers. Existing law also requires every motor carrier of property to comply with specified safety, permit, and liability insurance regulations and to pay the fees required by these provisions. Existing law also prohibits a motor carrier of property from contracting or subcontracting with, or otherwise engaging the services of, another motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by the above provisions, of compliance with safety inspection, certificate, permit, and financial responsibility requirements. A violation of those provisions is a misdemeanor. This bill would apply this prohibition to a broker of construction trucking services, as defined, and would prohibit that broker from furnishing construction transportation services to any construction project unless it has secured a surety bond of not less than $15,000 that meets specified requirements. The bill would make a broker of construction trucking services who violates these provisions guilty of a misdemeanor and subject to a fine of up to $5,000. The bill would also create a rebuttable presumption in any civil action brought against a broker of construction trucking services by a motor carrier of property in dump truck equipment with whom the broker contracted during any period of time in which the broker did not have a surety bond in violation of the above-described provisions, that the broker failed to pay to the motor carrier the amount due and owing. By expanding the scope of an existing crime and creating new crimes, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 145?
AB 145 is sponsored by De Leon.
What is the current status of AB 145?
This bill has been enacted into law. Introduced January 22, 2009. Enacted.
Where can I track AB 145?
Track AB 145 free on One Click Politics — get push/email alerts when it moves.

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