California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 293 — Payment bonds: laborers.

Last action — Chaptered by Secretary of State. Chapter 700, Statutes of 2011.

  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 14, 2011. 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

(1) Existing law requires that, for private and public works of improvement, and in a public works contract, a prime contractor or subcontractor pay to any subcontractor, not later than 10 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amount allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein, as prescribed. This bill would, instead, require that those amounts be paid not later than 7 days after receipt of each progress payment. (2) Existing law, until July 1, 2012, requires, with regard to a contract entered into on or after January 1, 1995, in order to enforce a claim upon any payment bond given in connection with a public work, that a claimant give the 20-day public work preliminary bond notice, as provided. Existing law further authorizes a claimant, if the 20-day public work preliminary bond notice was not given as prescribed by statute, to enforce a claim by giving written notice to the surety and the bond principal, as provided, within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would provide, with regard to a contract entered into on or after January 1, 2012, and until July 1, 2012, if the 20-day public work preliminary bond notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given that notice, that person may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement, as specified. The bill would provide that these provisions do not apply to a laborer, as specified, or if all progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services, or the subcontractor has been terminated from the project, as specified, and all progress payments, except those disputed in good faith, were made as of the termination date. (3) Existing law, operative July 1, 2012, requires a claimant to give a preliminary notice to enforce his or her claim against a payment bond given in connection with a private or public work of improvement, and allows the claimant, if he or she did not give a preliminary notice, to enforce his or her claim by giving written notice to the surety and bond principal within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would provide, if the preliminary notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given that notice, that person may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement, as specified. The bill also would provide that these provisions do not apply to a laborer, as specified, or if all progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services, or the subcontractor has been terminated from the project, as specified, and all progress payments, except those disputed in good faith, were made as of the termination date. (4) Existing law authorizes the Department of General Services, or any other department with authority to enter into contracts, to contract with suppliers for goods and services and for public works. Existing law provides that in a contract relating to the construction of a public work of improvement between the public entity and original contractor, the original contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of retention proceeds withheld cannot exceed the percentage specified in the contract between the public entity and the original contractor. This bill would instead, until January 1, 2016, prohibit retention proceeds from exceeding 5% of the payment, as specified, for those contracts entered into on or after January 1, 2012, between a public entity, as defined, and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder. The bill would exempt a contract from this provision if the contractor notified the subcontractor that a bond is required, and the subcontractor failed to furnish the contractor with the bond. (5) Existing law contains various provisions relating to contracts for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law prohibits progress payments upon these contracts from being made in excess of 95% of the percentage of actual work completed plus a like percentage of the value of material delivered, as specified, and requires the Department of General Services to withhold not less than 5% of the contract price until final completion and acceptance of the project. This bill would instead, until January 1, 2016, prohibit progress payments upon these contracts from being made in excess of 100% of the percentage of actual work completed, and would permit the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 700, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2410.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 72. Noes 3. Page 3004.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 74. Noes 0. Page 2814.)

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).

  12. Set, first hearing. Referred to APPR. suspense file.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 28).

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  17. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 21). Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & C.P.

  19. Re-referred to Coms. on B., P. & C.P. and JUD.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  21. Referred to Com. on JUD.

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

  23. Read third time. Passed. (Ayes 36. Noes 0. Page 654.) Ordered to the Assembly.

  24. Read second time. Ordered to consent calendar.

  25. From committee: Do pass. Ordered to consent calendar. (Ayes 5. Noes 0. Page 559.) (April 5).

  26. Set for hearing April 5.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  28. Referred to Com. on JUD.

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

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

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 SB293 Padilla Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Fuller — Yea
Hancock — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Harman — Yea
Negrete McLeod — Yea
Hernandez — Yea
Huff — Yea
Rubio — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Runner — Yea
Leno — Yea
Alquist — Not Voting
Dutton — Yea
Anderson — Yea
Liu — Yea
Simitian — Yea
Cannella — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 293 Padilla Senate Third Reading By FUENTES

Passed 72 Yea · 3 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 1100
Unaffiliated 70205
Democratic 1000
Total 72305
% of votes cast 90%4%0%6%
How each member voted (80)
Member Party Vote
Halderman — Yea
Butler — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Carter — Yea
Logue — Yea
Allen — Yea
Alejo — Yea
Brownley — Yea
Conway — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Furutani — Not Voting
Fletcher — Yea
Galgiani — Yea
Gordon — Not Voting
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Chesbro — Yea
Hall — Not Voting
Harkey — Yea
Hayashi — Yea
Hueso — Yea
Davis — Yea
Huffman — Yea
Beall — Yea
Block — Yea
Donnelly — Nay
Knight — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Nay
Pan — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Buchanan — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Skinner — Yea
Valadao — Yea
Cedillo — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Dickinson — Not Voting
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

SB 293 Padilla Senate Third Reading By FUENTES Amend By FUENTES Set #1

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 71006
Republican 2000
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Not Voting
Butler — Yea
Fuentes — Yea
Garrick — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Gatto — Yea
Gordon — Yea
Hagman — Yea
Harkey — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Nestande — Yea
Nielsen — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Yamada — Yea
Atkins — Yea
Furutani — Not Voting
Bonilla — Not Voting
Hall — Yea
Lara — Yea
Miller — Yea
Monning — Yea
Beall — Yea
Block — Yea
Donnelly — Not Voting
Morrell — Yea
Norby — Yea
Torres — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Fong — Yea
Cook — Yea
Allen — Yea
Alejo — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Campos — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
Dickinson — Yea
Galgiani — 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 as amended.

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
Harkey — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Wagner — Yea
Campos — Yea
Mitchell — Yea
Hall — Yea
Donnelly — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Runner — Yea
Huff — Yea
Walters — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Yea
Harman — Not Voting
Corbett — Yea
Anderson — Yea
Dutton — Yea
Leno — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Not Voting
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Wright — Yea
Cannella — Yea
Wyland — Yea
Emmerson — Yea
Correa — Not Voting
DeSaulnier — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 293 do?
(1) Existing law requires that, for private and public works of improvement, and in a public works contract, a prime contractor or subcontractor pay to any subcontractor, not later than 10 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amount allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein, as prescribed. This bill would, instead, require that those amounts be paid not later than 7 days after receipt of each progress payment. (2) Existing law, until July 1, 2012, requires, with regard to a contract entered into on or after January 1, 1995, in order to enforce a claim upon any payment bond given in connection with a public work, that a claimant give the 20-day public work preliminary bond notice, as provided. Existing law further authorizes a claimant, if the 20-day public work preliminary bond notice was not given as prescribed by statute, to enforce a claim by giving written notice to the surety and the bond principal, as provided, within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would provide, with regard to a contract entered into on or after January 1, 2012, and until July 1, 2012, if the 20-day public work preliminary bond notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given that notice, that person may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement, as specified. The bill would provide that these provisions do not apply to a laborer, as specified, or if all progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services, or the subcontractor has been terminated from the project, as specified, and all progress payments, except those disputed in good faith, were made as of the termination date. (3) Existing law, operative July 1, 2012, requires a claimant to give a preliminary notice to enforce his or her claim against a payment bond given in connection with a private or public work of improvement, and allows the claimant, if he or she did not give a preliminary notice, to enforce his or her claim by giving written notice to the surety and bond principal within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would provide, if the preliminary notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given that notice, that person may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement, as specified. The bill also would provide that these provisions do not apply to a laborer, as specified, or if all progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services, or the subcontractor has been terminated from the project, as specified, and all progress payments, except those disputed in good faith, were made as of the termination date. (4) Existing law authorizes the Department of General Services, or any other department with authority to enter into contracts, to contract with suppliers for goods and services and for public works. Existing law provides that in a contract relating to the construction of a public work of improvement between the public entity and original contractor, the original contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of retention proceeds withheld cannot exceed the percentage specified in the contract between the public entity and the original contractor. This bill would instead, until January 1, 2016, prohibit retention proceeds from exceeding 5% of the payment, as specified, for those contracts entered into on or after January 1, 2012, between a public entity, as defined, and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder. The bill would exempt a contract from this provision if the contractor notified the subcontractor that a bond is required, and the subcontractor failed to furnish the contractor with the bond. (5) Existing law contains various provisions relating to contracts for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law prohibits progress payments upon these contracts from being made in excess of 95% of the percentage of actual work completed plus a like percentage of the value of material delivered, as specified, and requires the Department of General Services to withhold not less than 5% of the contract price until final completion and acceptance of the project. This bill would instead, until January 1, 2016, prohibit progress payments upon these contracts from being made in excess of 100% of the percentage of actual work completed, and would permit the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified.
Who sponsors SB 293?
SB 293 is sponsored by Padilla, Stephen C. (Democratic).
What is the current status of SB 293?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track SB 293?
Track SB 293 free on One Click Politics — get push/email alerts when it moves.

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