Mechanics liens: design professionals.
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SB 424 — Mechanics liens: design professionals.
Last action — Chaptered by Secretary of State. Chapter 127, Statutes of 2011.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 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
The California Constitution provides that mechanics, persons furnishing materials, artisans, and laborers of every class have a lien upon the property upon which they have bestowed labor or furnished material for the value of the labor done and material furnished. The California Constitution also requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. A design professional, on recordation of a claim of lien, has a lien on the site, notwithstanding the absence of commencement of a planned work of improvement, for the amount of the design professional's fee for services provided under the contract or the reasonable value of those services, whichever is less. A design professional also has a right to record a mechanics lien for providing work authorized for a work improvement, subject to specified conditions. This bill would authorize a design professional to convert a recorded design professional lien to a mechanics lien if certain requirements are met. The bill would make these provisions operative on July 1, 2012.
Bill Text
- Chaptered 07/26/11 - Chaptered Current pdf July 26, 2011
- Enrolled 07/12/11 - Enrolled pdf July 12, 2011
- Amended 06/21/11 - Amended Assembly pdf June 21, 2011
- Amended 04/26/11 - Amended Senate pdf April 26, 2011
- Introduced 02/16/11 - Introduced pdf February 16, 2011
- SB424 View text html
Action History
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Chaptered by Secretary of State. Chapter 127, Statutes of 2011.
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Approved by the Governor.
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Enrolled and presented to the Governor at 10 a.m.
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Assembly amendments concurred in. (Ayes 37. Noes 0. Page 1785.) Ordered to engrossing and enrolling.
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Ordered to special consent calendar.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 77. Noes 0. Page 2075.) Ordered to the Senate.
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Read second time. Ordered to consent calendar.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 14).
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Referred to Com. on JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 775.) Ordered to the Assembly.
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Read second time and amended. Ordered to consent calendar.
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From committee: Do pass as amended. Ordered to consent calendar. (Ayes 4. Noes 0. Page 642.) (April 12).
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Set for hearing April 12.
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Hearing postponed by committee.
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Set for hearing April 5.
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Referred to Com. on JUD.
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From printer. May be acted upon on or after March 19.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Susan Rubio · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Rubio, Susan Democratic
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 |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 2 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 1 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Wyland | — | Yea |
| Yee | — | Yea |
| Cannella | — | Yea |
| Fuller | — | Yea |
| Runner | — | Yea |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Hancock | — | Yea |
| Harman | — | Yea |
| Rubio | — | Yea |
| Corbett | — | Not Voting |
| Hernandez | — | Yea |
| Huff | — | Yea |
| Anderson | — | Yea |
| Blakeslee | — | Yea |
| Dutton | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Pavley | — | Not Voting |
| Price | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| Wolk | — | Yea |
| Alquist | — | Yea |
| Kehoe | — | Yea |
| Lieu | — | Yea |
| Vargas | — | Yea |
| Wright | — | Yea |
| Emmerson | — | Yea |
| Correa | — | Yea |
| Evans | — | Yea |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| La Malfa | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 74 | 0 | 0 | 3 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Hagman | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Miller | — | Yea |
| Pan | — | Yea |
| Butler | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Dickinson | — | Yea |
| Perea | — | Yea |
| Wagner | — | Yea |
| Yamada | — | Yea |
| Atkins | — | Yea |
| Eng | — | Yea |
| Campos | — | Yea |
| Feuer | — | Yea |
| Furutani | — | Yea |
| Galgiani | — | Yea |
| Portantino | — | Yea |
| Gordon | — | Not Voting |
| Cedillo | — | Yea |
| Allen | — | Yea |
| Gorell | — | Not Voting |
| Halderman | — | Yea |
| Bonilla | — | Yea |
| Hall | — | Yea |
| Fong | — | Yea |
| Fletcher | — | Yea |
| Conway | — | Yea |
| Hayashi | — | Yea |
| Cook | — | Yea |
| Huffman | — | Not Voting |
| Logue | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Davis | — | Yea |
| Donnelly | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nestande | — | Yea |
| Norby | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Valadao | — | Yea |
| Wieckowski | — | Yea |
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Yea |
| Huber | — | Yea |
| Jeffries | — | Yea |
| Knight | — | Yea |
| Lara | — | Yea |
| Ma | — | Yea |
| Mansoor | — | Yea |
| Nielsen | — | Yea |
| Olsen | — | Yea |
| Smyth | — | Yea |
| Torres | — | Yea |
| Williams | — | Yea |
| Fuentes | — | Yea |
| Garrick | — | Yea |
| Gatto | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Atkins | — | Yea |
| Huber | — | Yea |
| Wagner | — | Yea |
| Wieckowski | — | Yea |
| Huffman | — | Yea |
| Monning | — | Yea |
| Feuer | — | Yea |
| Dickinson | — | Yea |
| Beth Gaines | — | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 2 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Runner | — | Yea |
| Lowenthal | — | Yea |
| Cannella | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Evans | — | Yea |
| Corbett | — | Yea |
| Rubio | — | Not Voting |
| Hancock | — | Yea |
| Hernandez | — | Not Voting |
| Kehoe | — | Yea |
| Anderson | — | Yea |
| Blakeslee | — | Yea |
| Dutton | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Vargas | — | Yea |
| Wolk | — | Yea |
| Wright | — | Yea |
| Alquist | — | Yea |
| Harman | — | Yea |
| Huff | — | Yea |
| Lieu | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Walters | — | Yea |
| Wyland | — | Yea |
| Emmerson | — | Yea |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Fuller | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| La Malfa | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Evans | — | Yea |
| Harman | — | Yea |
| Leno | — | Yea |
| Blakeslee | — | Not Voting |
| Corbett | — | Yea |
Subjects
Frequently asked questions
- What does SB 424 do?
- The California Constitution provides that mechanics, persons furnishing materials, artisans, and laborers of every class have a lien upon the property upon which they have bestowed labor or furnished material for the value of the labor done and material furnished. The California Constitution also requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. A design professional, on recordation of a claim of lien, has a lien on the site, notwithstanding the absence of commencement of a planned work of improvement, for the amount of the design professional's fee for services provided under the contract or the reasonable value of those services, whichever is less. A design professional also has a right to record a mechanics lien for providing work authorized for a work improvement, subject to specified conditions. This bill would authorize a design professional to convert a recorded design professional lien to a mechanics lien if certain requirements are met. The bill would make these provisions operative on July 1, 2012.
- Who sponsors SB 424?
- SB 424 is sponsored by Rubio, Susan (Democratic).
- What is the current status of SB 424?
- This bill has been enacted into law. Introduced February 16, 2011. Enacted.
- Where can I track SB 424?
- Track SB 424 free on One Click Politics — get push/email alerts when it moves.
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