AB 2471 — Public contracts: change orders.
Last action — From Senate committee without further action.
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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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law contains various provisions relating to contracts by a public entity 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, until January 1, 2016, prohibits progress payments upon state contracts from being made in excess of 100% of the percentage of actual work completed, and authorizes 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. This bill would require a public entity, as defined, when authorized to order changes or additions to the work in a public works contract awarded to the lowest bidder, to issue a change order promptly, and no later than 60 days after the extra work is performed and documentation has been submitted, as specified. The bill would, if this requirement is not met, make the public entity liable to the original contractor for the completed extra work. The bill would require prejudgment interest to accrue on any amount that this bill would require to be paid that the public entity fails to pay. The bill would also authorize an original contractor to present to the public entity a request for a change order for extra work performed by a subcontractor, including a lower tier subcontractor. It would also authorize a subcontractor to request that an original contractor present a change order request for extra work directed by the public entity that was performed by the subcontractor or lower tier subcontractor. The bill would require the original contractor to notify the subcontractor as to whether the original contractor presented the request to the public entity, as specified.
Bill Text
- Amended 08/04/14 - Amended Senate Current pdf August 04, 2014
- Amended 06/30/14 - Amended Senate pdf June 30, 2014
- Amended 05/23/14 - Amended Assembly pdf May 23, 2014
- Amended 04/24/14 - Amended Assembly pdf April 24, 2014
- Amended 04/07/14 - Amended Assembly pdf April 07, 2014
- Introduced 02/21/14 - Introduced pdf February 21, 2014
- AB2471 View text html
Action History
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From Senate committee without further action.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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In committee: Hearing postponed by committee.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 24).
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Referred to Com. on G.O.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 11. Page 5357.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 14. Noes 0.) (May 23).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 30). Re-referred to Com. on APPR.
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Re-referred to Com. on A. & A.R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.
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Re-referred to Com. on A. & A.R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.
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Referred to Com. on A. & A.R.
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Read first time.
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From printer. May be heard in committee March 25.
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Introduced. To print.
Sponsors
- Cannella · Cosponsor
- Frazier · Primary
- Galgiani · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No
Sponsors (1)
- Frazier
Co-sponsors (2)
- Cannella
- Galgiani
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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 | 9 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Hernandez | — | Yea |
| Lieu | — | Yea |
| Torres | — | Yea |
| Cannella | — | Yea |
| De León | — | Yea |
| Correa | — | Yea |
| Vidak | — | Yea |
| Galgiani | — | Yea |
| Bill Berryhill | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 10 | 0 | 5 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 63 | 11 | 0 | 5 |
| % of votes cast | 80% | 14% | 0% | 6% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Nay |
| Bigelow | — | Not Voting |
| Bloom | — | Yea |
| Bradford | — | Yea |
| Brown | — | Not Voting |
| Buchanan | — | Yea |
| Jones-Sawyer | — | Yea |
| Linder | — | Yea |
| Maienschein | — | Nay |
| Mansoor | — | Not Voting |
| Olsen | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Daly | — | Yea |
| Gorell | — | Yea |
| Allen | — | Yea |
| Lowenthal | — | Yea |
| Garcia | — | Yea |
| Skinner | — | Yea |
| Gray | — | Yea |
| Atkins | — | Yea |
| Frazier | — | Yea |
| Fong | — | Yea |
| Campos | — | Yea |
| Chau | — | Yea |
| Bonilla | — | Yea |
| Gomez | — | Yea |
| Hall | — | Yea |
| Harkey | — | Not Voting |
| Bocanegra | — | Yea |
| Holden | — | Yea |
| John A. Pérez | — | Yea |
| Salas | — | Yea |
| Levine | — | Yea |
| Logue | — | Nay |
| Medina | — | Yea |
| Chesbro | — | Not Voting |
| Melendez | — | Nay |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Chávez | — | Nay |
| Conway | — | Nay |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Donnelly | — | Nay |
| Eggman | — | Yea |
| Nestande | — | Yea |
| Pan | — | Yea |
| Quirk | — | Yea |
| Rodriguez | — | Yea |
| Ting | — | Yea |
| Wagner | — | Yea |
| Waldron | — | Nay |
| Wieckowski | — | Yea |
| Wilk | — | Yea |
| Dickinson | — | Yea |
| Fox | — | Yea |
| Gatto | — | Yea |
| Yamada | — | Yea |
| Gordon | — | Yea |
| Hagman | — | Yea |
| Beth Gaines | — | Nay |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Nay |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 3 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Not Voting |
| Bradford | — | Yea |
| Linder | — | Yea |
| Pan | — | Yea |
| Weber | — | Yea |
| Campos | — | Yea |
| Gatto | — | Yea |
| Bocanegra | — | Yea |
| Gomez | — | Yea |
| Holden | — | Yea |
| Donnelly | — | Not Voting |
| Eggman | — | Yea |
| Quirk | — | Yea |
| Ridley-Thomas | — | Yea |
| Wagner | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Buchanan | — | Yea |
| Olsen | — | Yea |
| Wagner | — | Yea |
| Cooley | — | Yea |
| Medina | — | Yea |
| Salas | — | Yea |
| Lowenthal | — | Yea |
| Gorell | — | Yea |
| Frazier | — | Yea |
| Hagman | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 2471 do?
- Existing law contains various provisions relating to contracts by a public entity 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, until January 1, 2016, prohibits progress payments upon state contracts from being made in excess of 100% of the percentage of actual work completed, and authorizes 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. This bill would require a public entity, as defined, when authorized to order changes or additions to the work in a public works contract awarded to the lowest bidder, to issue a change order promptly, and no later than 60 days after the extra work is performed and documentation has been submitted, as specified. The bill would, if this requirement is not met, make the public entity liable to the original contractor for the completed extra work. The bill would require prejudgment interest to accrue on any amount that this bill would require to be paid that the public entity fails to pay. The bill would also authorize an original contractor to present to the public entity a request for a change order for extra work performed by a subcontractor, including a lower tier subcontractor. It would also authorize a subcontractor to request that an original contractor present a change order request for extra work directed by the public entity that was performed by the subcontractor or lower tier subcontractor. The bill would require the original contractor to notify the subcontractor as to whether the original contractor presented the request to the public entity, as specified.
- Who sponsors AB 2471?
- AB 2471 is sponsored by Cannella, Frazier, and Galgiani.
- What is the current status of AB 2471?
- This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2471?
- Track AB 2471 free on One Click Politics — get push/email alerts when it moves.
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