California 2011-2012 Regular Session Status: Enacted

AB 1855 — Employment: contractors: sufficient funds.

Last action — Chaptered by Secretary of State - Chapter 813, Statutes of 2012.

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  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 February 22, 2012. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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

Existing law prohibits a person or entity from entering into a contract or agreement for labor or services with specified types of contractors if the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. This bill, in addition, would make these provisions applicable with regard to warehouse contractors. Existing law provides for a rebuttable presumption affecting the burden of proof that there has been no violation of this requirement of sufficient funding if specified conditions are met, including that the contract or agreement be in writing. The California Public Records Act requires state and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. This bill would require that upon the request of the Labor Commissioner, the person entering into the written agreement or contract to provide to the Labor Commissioner a copy of the provisions of the contract or agreement, and any other documentation, as provided. The bill would exempt any documents received by the Labor Commissioner pursuant to this requirement from the California Public Records Act.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 813, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 23. Page 6241.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 4649.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 5. Noes 0.) (June 27).

  11. Referred to Com. on L. & I.R.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 23. Page 5171.)

  14. Read third time and amended. Ordered to third reading. (Page 4974.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 5. Noes 2.) (May 2).

  18. From committee: Be re-referred to Com. on L. & E. Re-referred. (Ayes 9. Noes 0.) (April 12). Re-referred to Com. on L. & E.

  19. Re-referred to Com. on RLS.

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

  21. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

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

  23. Referred to Com. on PUB. S.

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

  25. Read first time. To print.

Sponsors

  • Torres · Primary
  • Vargas · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Torres

Co-sponsors (1)

  • Vargas

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1855 TORRES Concurrence in Senate Amendments

Passed 53 Yea · 23 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 522104
Democratic 1000
Republican 0200
Total 532304
% of votes cast 66%29%0%5%
How each member voted (80)
Member Party Vote
Yamada — Yea
Butler — Yea
Feuer — Yea
Campos — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Gatto — Yea
Allen — Yea
Gordon — Yea
Gorell — Yea
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Fletcher — Yea
Huber — Yea
Huffman — Yea
Cedillo — Yea
Lara — Yea
Bonilla — Yea
Atkins — Yea
Chesbro — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
Dickinson — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Garrick — Nay
Hagman — Nay
Conway — Nay
Knight — Nay
Logue — Nay
Morrell — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Valadao — Nay
Cook — Not Voting
Halderman — Not Voting
Donnelly — Nay
Achadjian — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Hueso — Yea
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Miller — Nay
Perea — Yea
Swanson — Not Voting
Wagner — Nay
Williams — Yea
Eng — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1855 Torres By Vargas

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Democratic 2000
Republican 0100
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Nay
Cannella — Nay
Hancock — Yea
Runner — Not Voting
Harman — Not Voting
Hernandez — Yea
Corbett — Yea
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Huff — Nay
Lieu — Yea
Pavley — Yea
Walters — Nay
Wyland — Nay
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Yee — Yea
Runner — Not Voting
Lieu — Yea
Leno — Yea
Wyland — Not Voting
DeSaulnier — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1855 TORRES Assembly Third Reading

Passed 52 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 522104
Republican 0200
Democratic 0001
Total 522305
% of votes cast 65%29%0%6%
How each member voted (80)
Member Party Vote
Hagman — Nay
Chesbro — Yea
Butler — Yea
Feuer — Yea
Gorell — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Carter — Yea
Cedillo — Yea
Swanson — Yea
Williams — Yea
Atkins — Yea
Campos — Yea
Fletcher — Nay
Garrick — Nay
Halderman — Nay
Cook — Not Voting
Harkey — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Mendoza — Not Voting
Miller — Nay
Morrell — Nay
Nielsen — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Valadao — Not Voting
Wieckowski — Yea
Galgiani — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Bonilla — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Logue — Nay
Mansoor — Not Voting
Norby — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Wagner — Nay
Conway — Nay
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Gorell — Nay
Swanson — Yea
Allen — Yea
Alejo — Yea
Morrell — Nay
Torres — Yea
Yamada — Yea

Official roll call →

Be referred to Committee on Labor and Employment.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Hagman — Yea
Butler — Yea
Carter — Not Voting
Donnelly — Not Voting
Silva — Yea
Skinner — Yea
Williams — Yea
Alejo — Yea
Hueso — Yea
Knight — Yea
Davis — Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1855 do?
Existing law prohibits a person or entity from entering into a contract or agreement for labor or services with specified types of contractors if the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. This bill, in addition, would make these provisions applicable with regard to warehouse contractors. Existing law provides for a rebuttable presumption affecting the burden of proof that there has been no violation of this requirement of sufficient funding if specified conditions are met, including that the contract or agreement be in writing. The California Public Records Act requires state and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. This bill would require that upon the request of the Labor Commissioner, the person entering into the written agreement or contract to provide to the Labor Commissioner a copy of the provisions of the contract or agreement, and any other documentation, as provided. The bill would exempt any documents received by the Labor Commissioner pursuant to this requirement from the California Public Records Act.
Who sponsors AB 1855?
AB 1855 is sponsored by Torres and Vargas.
What is the current status of AB 1855?
This bill has been enacted into law. Introduced February 22, 2012. Enacted.
Where can I track AB 1855?
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Last checked for changes 3 months ago · updated continuously

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