California 2009-2010 Regular Session Status: Passed Senate

SB 629 — Private works of improvement: retention proceeds.

Last action — Died on file.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 regulates the terms and conditions of contracts for private works of improvement. Existing law requires that, within 45 days after the date of completion, as defined, retention proceeds withheld from any payment by the owner to the original contractor, or by the original contractor to any subcontractor, be released, except as specified. Existing law provides that, if a bona fide dispute exists between an original contractor and a subcontractor, the original contractor may withhold from the retention payment up to 150% of the disputed amount. This bill, applicable to contracts entered into on or after January 1, 2010, would prohibit retention proceeds withheld from any payment made by the owner to the original contractor from exceeding 5% of the amount of the payment otherwise due under the contract. The bill would prohibit the percentage of the retention proceeds withheld from any payment made by the original contractor to any subcontractor, or by a subcontractor to another subcontractor, from exceeding 5% of the amount of the payment otherwise due under the contract, or the percentage of each payment that may be withheld under the contract between the owner and the original contractor, whichever is less. This bill would require that with respect to a contract between an owner and an original contractor, between an original contractor and a subcontractor, or between 2 subcontractors, any retention proceeds withheld shall be released within 45 days after the party seeking payment serves a fully executed conditional waiver and release, as provided. The bill would provide that it does not prohibit the withholding of funds pursuant to the above provisions of law governing amounts in dispute. This bill would also provide that these provisions shall not apply if the owner or original contractor provides written notice to the original contractor or subcontractor, prior to or at the time that the bid is requested, that performance and payment bonds may be required.

Bill Text

Action History

  1. Died on file.

  2. Placed on inactive file on request of Senator Liu.

  3. From Inactive File to Unfinished Business.

  4. Placed on inactive file on request of Senator Liu.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 52. Noes 22. Page 2665.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on June 30.)

  9. From committee: Do pass. (Ayes 6. Noes 3.)

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

  11. To Com. on JUD.

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

  13. Read third time. Passed. (Ayes 31. Noes 6. Page 1105.) To Assembly.

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

  15. From committee: Do pass as amended. (Ayes 4. Noes 1. Page 497.)

  16. Set for hearing April 14.

  17. To Com. on JUD.

  18. Read first time.

  19. From print. May be acted upon on or after March 30.

  20. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Liu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Liu

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 629 Liu Senate Third Reading By EMMERSON

Passed 58 Yea · 27 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 552505
Democratic 2001
Republican 1200
Total 582706
% of votes cast 64%30%0%7%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Conway — Yea
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Davis — Yea
Bill — Nay
Tom — Nay
Huffman — Yea
Fletcher — Nay
Ammiano — Yea
Bass — Yea
Beall — Yea
Duvall — Nay
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Charles — Not Voting
Cook — Not Voting
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Miller — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Adams — Yea
Anderson — Nay
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Nay
Krekorian — Yea
Logue — Not Voting
Ma — Nay
Nava — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Emmerson — Yea
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5301
Total 6301
% of votes cast 60%30%0%10%
How each member voted (10)
Member Party Vote
Evans — Not Voting
Krekorian — Yea
Lieu — Yea
Silva — Nay
Tran — Nay
Brownley — Yea
Knight — Nay
Monning — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Senate 3rd Reading SB629 Liu

Passed 32 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 30502
Democratic 2000
Republican 0100
Total 32602
% of votes cast 80%15%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Yea
Corbett — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Not Voting
Harman — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Dutton — Nay
Pavley — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Yea
Aanestad — Nay
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Romero — Yea
Wolk — Yea
Wright — Yea
Cogdill — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Harman — Yea
Leno — Yea
Walters — Nay
Corbett — Yea
Florez — Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does SB 629 do?
Existing law generally regulates the terms and conditions of contracts for private works of improvement. Existing law requires that, within 45 days after the date of completion, as defined, retention proceeds withheld from any payment by the owner to the original contractor, or by the original contractor to any subcontractor, be released, except as specified. Existing law provides that, if a bona fide dispute exists between an original contractor and a subcontractor, the original contractor may withhold from the retention payment up to 150% of the disputed amount. This bill, applicable to contracts entered into on or after January 1, 2010, would prohibit retention proceeds withheld from any payment made by the owner to the original contractor from exceeding 5% of the amount of the payment otherwise due under the contract. The bill would prohibit the percentage of the retention proceeds withheld from any payment made by the original contractor to any subcontractor, or by a subcontractor to another subcontractor, from exceeding 5% of the amount of the payment otherwise due under the contract, or the percentage of each payment that may be withheld under the contract between the owner and the original contractor, whichever is less. This bill would require that with respect to a contract between an owner and an original contractor, between an original contractor and a subcontractor, or between 2 subcontractors, any retention proceeds withheld shall be released within 45 days after the party seeking payment serves a fully executed conditional waiver and release, as provided. The bill would provide that it does not prohibit the withholding of funds pursuant to the above provisions of law governing amounts in dispute. This bill would also provide that these provisions shall not apply if the owner or original contractor provides written notice to the original contractor or subcontractor, prior to or at the time that the bid is requested, that performance and payment bonds may be required.
Who sponsors SB 629?
SB 629 is sponsored by Liu.
What is the current status of SB 629?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 629?
Track SB 629 free on One Click Politics — get push/email alerts when it moves.

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