AB 216 — Public contracts: claims.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes a public entity to compromise or otherwise settle any 3rd-party claim relating to a public works contract. This bill would define "claim" for those purposes to mean a written demand or assertion by a contractor, a local agency, including a charter city, except as specified, or charter county with respect to the contract documents, as specified. This bill would, for contracts entered into on or after January 1, 2010, provide for a mediation process for claim disputes over $50,000 between a contractor and a local agency, including a charter city, except as specified, or charter county that does not have an alternative dispute process, if those claims remain unresolved after a specified time period. By requiring local agencies, charter cities, and charter counties to incorporate this mediation process in specified claim disputes, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Bill Text
- Amended 05/06/09 - Amended Assembly Current pdf May 06, 2009
- Introduced 02/03/09 - Introduced pdf February 03, 2009
- AB216 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 28).
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on JUD. by unanimous consent.
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Referred to Coms. on B. & P. and JUD.
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From printer. May be heard in committee March 6.
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Read first time. To print.
Sponsors
- Beall · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Beall
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 7 | 2 | 0 | 0 |
| Total | 8 | 2 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Feuer | — | Yea |
| Knight | — | Nay |
| Krekorian | — | Yea |
| Lieu | — | Yea |
| Monning | — | Yea |
| Nielsen | — | Nay |
| Tran | — | Yea |
| Brownley | — | Yea |
| Evans | — | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 216 do?
- Existing law authorizes a public entity to compromise or otherwise settle any 3rd-party claim relating to a public works contract. This bill would define "claim" for those purposes to mean a written demand or assertion by a contractor, a local agency, including a charter city, except as specified, or charter county with respect to the contract documents, as specified. This bill would, for contracts entered into on or after January 1, 2010, provide for a mediation process for claim disputes over $50,000 between a contractor and a local agency, including a charter city, except as specified, or charter county that does not have an alternative dispute process, if those claims remain unresolved after a specified time period. By requiring local agencies, charter cities, and charter counties to incorporate this mediation process in specified claim disputes, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
- Who sponsors AB 216?
- AB 216 is sponsored by Beall.
- What is the current status of AB 216?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 216?
- Track AB 216 free on One Click Politics — get push/email alerts when it moves.
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