California 2015-2016 Regular Session Status: Enacted

AB 326 — Public works: prevailing wage rates: wage and penalty assessments.

Last action — Chaptered by Secretary of State - Chapter 345, Statutes of 2016.

  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 13, 2015. 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 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

Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if the Labor Commissioner determines, after investigation, that the contractor or subcontractor, or both, violated the laws regulating public works contracts, including the payment of prevailing wages. Existing law also requires the awarding body, as defined, to withhold from payments due under a contract for public work an amount sufficient to satisfy the civil wage and penalty assessment issued by the Labor Commissioner, and to give notice of the withholding to the affected contractor or subcontractor. Existing law permits the affected contractor or subcontractor to obtain review of a civil wage and penalty assessment or a notice of withholding, as specified. Existing law provides that, after 60 days following the service of a civil wage and penalty assessment or notice, the affected contractor, subcontractor, and surety on a bond issued to secure the payment of wages, as provided, become liable for liquidated damages in an amount equal to the amount of unpaid wages, as specified. Existing law provides that there is no liability for liquidated damages if a contractor, subcontractor, or surety deposits the full amount of the assessment or notice, including penalties, with the Department of Industrial Relations to hold in escrow pending administrative or judicial review. Existing law requires the department to release those funds, plus any interest earned, to the persons and entities found to be entitled to the funds at the conclusion of all administrative and judicial review. This bill would require the department to release the funds deposited in escrow plus interest earned to those persons and entities within 30 days following either the conclusion of all administrative and judicial review or upon the department receiving written notice from the Labor Commissioner or his or her designee of a settlement or other final disposition of an assessment issued, as specified, or from the authorized representative of the awarding body of a settlement or other final disposition of a notice issued, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 345, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:45 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 5876.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4954.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 8).

  11. 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.

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 3426.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 7. Noes 0.) (January 6).

  17. Re-referred to Com. on L. & E.

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

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. Re-referred to Com. on L. & E.

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

  22. Referred to Com. on L. & E.

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

  24. Read first time. To print.

Sponsors

  • Frazier · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Frazier

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 326 FRAZIER Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
Olsen — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Salas — Yea
Gatto — Yea
Gordon — Yea
Burke — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Yea
Campos — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Gray — Yea
Medina — Yea
Melendez — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
Nazarian — Yea
Lopez — Yea
O'Donnell — Yea
Baker — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Hadley — Yea
Quirk — Yea
Ting — Yea
Wood — Yea
Frazier — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB326 Frazier By Cannella

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Leno — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Fuller — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Cannella — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Bates — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 326 FRAZIER Assembly Third Reading

Passed 70 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 61009
Democratic 4000
Republican 5000
Total 70009
% of votes cast 89%0%0%11%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Not Voting
Brough — Yea
Brown — Yea
Levine — Yea
Mathis — Yea
O'Donnell — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Not Voting
Gordon — Yea
Gray — Yea
Harper — Yea
Lopez — Yea
Kim — Yea
Linder — Not Voting
Low — Yea
Maienschein — Yea
Mayes — Yea
Campos — Yea
Atkins — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Not Voting
Wood — Yea
Holden — Not Voting
Jones-Sawyer — Not Voting
Chávez — Not Voting
Ridley-Thomas — Not Voting
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Harper — Yea
Low — Yea
Chu — Yea
McCarty — Yea
Thurmond — Yea
Jim Patterson — Yea
Roger Hernández — Yea

Official roll call →

Subjects

labor
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 AB 326 do?
Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if the Labor Commissioner determines, after investigation, that the contractor or subcontractor, or both, violated the laws regulating public works contracts, including the payment of prevailing wages. Existing law also requires the awarding body, as defined, to withhold from payments due under a contract for public work an amount sufficient to satisfy the civil wage and penalty assessment issued by the Labor Commissioner, and to give notice of the withholding to the affected contractor or subcontractor. Existing law permits the affected contractor or subcontractor to obtain review of a civil wage and penalty assessment or a notice of withholding, as specified. Existing law provides that, after 60 days following the service of a civil wage and penalty assessment or notice, the affected contractor, subcontractor, and surety on a bond issued to secure the payment of wages, as provided, become liable for liquidated damages in an amount equal to the amount of unpaid wages, as specified. Existing law provides that there is no liability for liquidated damages if a contractor, subcontractor, or surety deposits the full amount of the assessment or notice, including penalties, with the Department of Industrial Relations to hold in escrow pending administrative or judicial review. Existing law requires the department to release those funds, plus any interest earned, to the persons and entities found to be entitled to the funds at the conclusion of all administrative and judicial review. This bill would require the department to release the funds deposited in escrow plus interest earned to those persons and entities within 30 days following either the conclusion of all administrative and judicial review or upon the department receiving written notice from the Labor Commissioner or his or her designee of a settlement or other final disposition of an assessment issued, as specified, or from the authorized representative of the awarding body of a settlement or other final disposition of a notice issued, as specified.
Who sponsors AB 326?
AB 326 is sponsored by Frazier.
What is the current status of AB 326?
This bill has been enacted into law. Introduced February 13, 2015. Enacted.
Where can I track AB 326?
Track AB 326 free on One Click Politics — get push/email alerts when it moves.

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