California 2011-2012 Regular Session Status: Enacted

SB 1092 — Vehicles: brokers of construction trucking services: surety bonds.

Last action — Chaptered by Secretary of State. Chapter 490, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 15, 2012. 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 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

(1) Existing law requires the Department of Motor Vehicles to regulate the safe operation of specified vehicles, including commercial motor vehicles and trailer and semitrailer commercial vehicle combinations owned and operated by motor carriers. Existing law also requires every motor carrier of property to comply with specified safety, permit, and liability insurance regulations and to pay the fees required by these provisions. Existing law prohibits a broker of construction trucking services, as defined, from furnishing construction transportation services to a construction project unless it has secured a surety bond of not less than $15,000 executed by an admitted surety insurer. This bill would require a broker of construction trucking services to annually provide written evidence of the broker's valid surety bond to a 3rd-party nonprofit organization that is related to the industry and regularly maintains a published database of bonded brokers or to post a current copy of the surety bond on the broker's Internet Web site. The bill would also prohibit a 3rd-party nonprofit organization from charging a broker for posting evidence of a valid surety bond or from limiting the posting of the bond only to the organization's members. The bill also would prohibit a broker of construction trucking services from hiring, or otherwise engaging the services of, a motor carrier of property to furnish construction transportation services unless the broker provides, prior to the commencement of work each calendar year, written evidence of the broker's valid surety bond to any person that hires, or otherwise engages the services of, the broker to furnish construction transportation services and also to the hired motor carrier of property. Because a violation of these provisions would be a misdemeanor, the bill would impose a state-mandated local program. (2) 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 490, Statutes of 2012.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 4630.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 5967.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).

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

  10. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 11).

  11. Referred to Com. on TRANS.

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

  13. Read third time. Passed. (Ayes 36. Noes 0. Page 3399.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  16. Set for hearing April 30.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3123.) (April 10). Re-referred to Com. on APPR.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  19. Set for hearing April 10.

  20. Set, first hearing. Hearing canceled at the request of author.

  21. Set for hearing March 27.

  22. Referred to Com. on T. & H.

  23. From printer. May be acted upon on or after March 17.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • De León · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • De León

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

Unfinished Business SB1092 De León Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 2000
Republican 0001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wyland — Yea
Yee — Yea
Cannella — Yea
Corbett — Yea
Evans — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
Correa — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Anderson — Yea
Blakeslee — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Dutton — Yea
Leno — Yea
Harman — Not Voting
Hernandez — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 1092 De León Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Eng — Yea
Furutani — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Gordon — Yea
Atkins — Yea
Gorell — Yea
Butler — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Campos — Yea
Portantino — Yea
Hill — Yea
Hueso — Yea
Carter — Yea
Allen — Yea
Huffman — Yea
Jeffries — Yea
Bonilla — Yea
Logue — Yea
Fong — Yea
Ammiano — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Yea
Fuentes — Yea
Lara — Not Voting
Smyth — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Norby — Yea
Perea — Yea
Solorio — Yea
Torres — Yea
Cook — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Galgiani — 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

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Campos — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Mitchell — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Yea
Wagner — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13001
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Bonilla — Yea
Furutani — Yea
Portantino — Yea
Galgiani — Yea
Blumenfield — Yea
Logue — Yea
Miller — Yea
Achadjian — Yea
Buchanan — Yea
Jeffries — Yea
Norby — Yea
Solorio — Not Voting
Eng — Yea
Bonnie Lowenthal — Yea

Official roll call →

3rd Reading SB1092 De León

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Harman — Yea
Runner — Not Voting
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Anderson — Not Voting
Corbett — Yea
Correa — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Simitian — Not Voting
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Blakeslee — Yea
Huff — Yea
Liu — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Subjects

labor transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1092 do?
(1) Existing law requires the Department of Motor Vehicles to regulate the safe operation of specified vehicles, including commercial motor vehicles and trailer and semitrailer commercial vehicle combinations owned and operated by motor carriers. Existing law also requires every motor carrier of property to comply with specified safety, permit, and liability insurance regulations and to pay the fees required by these provisions. Existing law prohibits a broker of construction trucking services, as defined, from furnishing construction transportation services to a construction project unless it has secured a surety bond of not less than $15,000 executed by an admitted surety insurer. This bill would require a broker of construction trucking services to annually provide written evidence of the broker's valid surety bond to a 3rd-party nonprofit organization that is related to the industry and regularly maintains a published database of bonded brokers or to post a current copy of the surety bond on the broker's Internet Web site. The bill would also prohibit a 3rd-party nonprofit organization from charging a broker for posting evidence of a valid surety bond or from limiting the posting of the bond only to the organization's members. The bill also would prohibit a broker of construction trucking services from hiring, or otherwise engaging the services of, a motor carrier of property to furnish construction transportation services unless the broker provides, prior to the commencement of work each calendar year, written evidence of the broker's valid surety bond to any person that hires, or otherwise engages the services of, the broker to furnish construction transportation services and also to the hired motor carrier of property. Because a violation of these provisions would be a misdemeanor, the bill would impose a state-mandated local program. (2) 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 no reimbursement is required by this act for a specified reason.
Who sponsors SB 1092?
SB 1092 is sponsored by De León.
What is the current status of SB 1092?
This bill has been enacted into law. Introduced February 15, 2012. Enacted.
Where can I track SB 1092?
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