California 2011-2012 Regular Session Status: Enacted

AB 551 — Public contracts: prevailing wage requirements: violations.

Last action — Chaptered by Secretary of State - Chapter 677, Statutes of 2011.

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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 16, 2011. 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 8 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 generally requires that not less than the general prevailing rate of per diem wages, as specified, be paid to workers employed on a public work, as defined. Existing law requires a contractor or subcontractor to submit, to the state or political subdivision on whose behalf a public work is being performed, a penalty of not more than $50 per calendar day, and not less than $10 per calendar day except in certain cases of a good faith mistake, as provided and determined by the Labor Commissioner, for violations of these prevailing wage provisions. This bill would increase that maximum penalty to $200 for each calendar day and would increase the minimum penalty except in certain cases of a good faith mistake to no less than $40 for each calendar day. The bill would also increase the penalty assessed to contractors and subcontractors with prior violations from $20 to $80, and from $30 to $120 for willful violations. Existing law requires each contractor and subcontractor performing work on a public work to keep accurate payroll records regarding his or her employees. Existing law requires that these records contain the information specified by the Division of Labor Standards Enforcement, and provides that a contractor or subcontractor has 10 days in which to comply after receipt of a written notice requesting the records, or is subject to forfeiting a penalty of $25 for each calendar day for each worker until strict compliance is effectuated. This bill would increase the amount of that penalty to $100 for each calendar day for each worker. Under existing law, whenever a contractor or subcontractor performing a public works project is found by the Labor Commissioner to be in violation of certain provisions of law relating to payment of prevailing wages, with intent to defraud, or in willful violation of those provisions of law, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible to bid on or to receive a public works contract for specified periods of time. This bill would revise that provision to instead make a contractor or subcontractor on a public works project that is found to have committed 2 or more separate willful violations within a 3-year period ineligible for a period of up to 3 years to either bid on or be awarded a contract or perform work as a subcontractor of a public works project. The bill would also require, whenever a contractor or subcontractor performing work on a public works project has failed to provide a timely response to a request by the Division of Apprenticeship Labor Standards Enforcement, the Division of Apprenticeship Standards, or the awarding body to produce certified payroll records, the Labor Commissioner to notify the contractor or subcontractor that he or she will be subject to debarment if the certified payroll records are not produced within 30 days after receipt of the written notice, and would make the contractor or subcontractor ineligible to bid on or be awarded a contract or perform work as a subcontractor on a public works project for a period of not less than one year and no more than three years, except as specified. Existing law also requires the Labor Commissioner, not less than semiannually, to publish and distribute to awarding bodies a list of contractors who are ineligible to bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project. This bill would instead require the Labor Commissioner to publish the list described above on the commissioner's Web site, to notify the Contractors' State License Board when the list is updated, and to at least annually notify awarding bodies of the availability of the list of debarred contractors, as specified. This bill would incorporate additional changes in Section 1776 of the Labor Code, proposed by AB 766, to be operative only if AB 766 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 677, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 26. Page 2887.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 13. Page 2137.).

  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 6. Noes 2.) (August 15).

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 26. Page 1471.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 4.) (May 11).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 26). Re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on JUD.

  21. Referred to Coms. on L. & E. and JUD.

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Campos

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 551 CAMPOS Concurrence in Senate Amendments

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 502403
Democratic 1000
Republican 0200
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Nay
Butler — Yea
Gordon — Yea
Hall — Yea
Fong — Yea
Hayashi — Yea
Allen — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Logue — Nay
Monning — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Olsen — Nay
Carter — Yea
Pan — Yea
Ammiano — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Nay
Hagman — Nay
Donnelly — Nay
Knight — Nay
Mendoza — Not Voting
Miller — Nay
Morrell — Nay
Nestande — Not Voting
Norby — Nay
Smyth — Nay
Valadao — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Jeffries — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Perea — Yea
Silva — Nay
Solorio — Yea
Wagner — Nay
Eng — Yea
Fuentes — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB551 Campos By Leno

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Republican 0100
Democratic 0002
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Cannella — Nay
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Rubio — Yea
Huff — Nay
Corbett — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Wolk — Yea
Runner — Not Voting
Harman — Not Voting
Anderson — Nay
Correa — Not Voting
Dutton — Nay
Alquist — Yea
Blakeslee — Nay
Hernandez — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Emmerson — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

AB 551 CAMPOS Assembly Third Reading

Passed 50 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 492404
Republican 0200
Democratic 1000
Total 502604
% of votes cast 63%33%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Feuer — Yea
Butler — Yea
Fuentes — Yea
Gatto — Yea
Hill — Yea
Huffman — Yea
Fong — Yea
Allen — Yea
Carter — Yea
Cedillo — Yea
Williams — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gorell — Not Voting
Halderman — Nay
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Harkey — Nay
Conway — Nay
Hayashi — Yea
Fletcher — Nay
Cook — Nay
Davis — Yea
Jeffries — Nay
Knight — Nay
Alejo — Not Voting
Ammiano — Yea
Beall — Yea
Donnelly — Nay
Lara — Yea
Logue — Nay
Ma — Not Voting
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Hueso — Yea
Mansoor — Nay
Nestande — Not Voting
Olsen — Nay
Perea — Yea
Silva — Nay
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Furutani — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 1000
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Gatto — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Not Voting
Nielsen — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 551 do?
Existing law generally requires that not less than the general prevailing rate of per diem wages, as specified, be paid to workers employed on a public work, as defined. Existing law requires a contractor or subcontractor to submit, to the state or political subdivision on whose behalf a public work is being performed, a penalty of not more than $50 per calendar day, and not less than $10 per calendar day except in certain cases of a good faith mistake, as provided and determined by the Labor Commissioner, for violations of these prevailing wage provisions. This bill would increase that maximum penalty to $200 for each calendar day and would increase the minimum penalty except in certain cases of a good faith mistake to no less than $40 for each calendar day. The bill would also increase the penalty assessed to contractors and subcontractors with prior violations from $20 to $80, and from $30 to $120 for willful violations. Existing law requires each contractor and subcontractor performing work on a public work to keep accurate payroll records regarding his or her employees. Existing law requires that these records contain the information specified by the Division of Labor Standards Enforcement, and provides that a contractor or subcontractor has 10 days in which to comply after receipt of a written notice requesting the records, or is subject to forfeiting a penalty of $25 for each calendar day for each worker until strict compliance is effectuated. This bill would increase the amount of that penalty to $100 for each calendar day for each worker. Under existing law, whenever a contractor or subcontractor performing a public works project is found by the Labor Commissioner to be in violation of certain provisions of law relating to payment of prevailing wages, with intent to defraud, or in willful violation of those provisions of law, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible to bid on or to receive a public works contract for specified periods of time. This bill would revise that provision to instead make a contractor or subcontractor on a public works project that is found to have committed 2 or more separate willful violations within a 3-year period ineligible for a period of up to 3 years to either bid on or be awarded a contract or perform work as a subcontractor of a public works project. The bill would also require, whenever a contractor or subcontractor performing work on a public works project has failed to provide a timely response to a request by the Division of Apprenticeship Labor Standards Enforcement, the Division of Apprenticeship Standards, or the awarding body to produce certified payroll records, the Labor Commissioner to notify the contractor or subcontractor that he or she will be subject to debarment if the certified payroll records are not produced within 30 days after receipt of the written notice, and would make the contractor or subcontractor ineligible to bid on or be awarded a contract or perform work as a subcontractor on a public works project for a period of not less than one year and no more than three years, except as specified. Existing law also requires the Labor Commissioner, not less than semiannually, to publish and distribute to awarding bodies a list of contractors who are ineligible to bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project. This bill would instead require the Labor Commissioner to publish the list described above on the commissioner's Web site, to notify the Contractors' State License Board when the list is updated, and to at least annually notify awarding bodies of the availability of the list of debarred contractors, as specified. This bill would incorporate additional changes in Section 1776 of the Labor Code, proposed by AB 766, to be operative only if AB 766 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.
Who sponsors AB 551?
AB 551 is sponsored by Campos.
What is the current status of AB 551?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 551?
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