California 2017-2018 Regular Session Status: Enacted

AB 1565 — Labor-related liabilities: direct contractor.

Last action — Chaptered by Secretary of State - Chapter 528, Statutes of 2018.

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  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 17, 2017. 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 9 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, for all contracts entered into on or after January 1, 2018, a direct contractor, as defined, making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other work, to assume, and be liable for, specified debt owed to a wage claimant that is incurred by a subcontractor, at any tier, acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the original contract. Existing law authorizes the Labor Commissioner to bring an action under specified statutes or in a civil action to enforce this liability, and authorizes a 3rd party owed fringe or other benefits, or a joint labor-management cooperation committee, as defined, to bring a civil action to enforce the liability against a direct contractor under these provisions, as specified. Existing law provides that the obligations and remedies under these provisions are in addition to any obligations and remedies otherwise provided by law, except that the provisions are not to be construed to impose liability on a direct contractor for anything other than unpaid wages and fringe or other benefit payments or contributions, including interest owed. This bill would repeal the provisions that state that the obligations and remedies are in addition to existing obligations and remedies provided by law, except that the provisions are not to be construed to impose liability on a direct contractor for anything other than unpaid wages and fringe or other benefit payments or contributions including interest owed. The bill, for contracts entered into on or after January 1, 2019, would require a direct contractor or a subcontractor to include a specified provision in its contract that lists the specific documents or information that the direct contractor or subcontractor will require a lower tiered subcontractor to produce before the direct contractor or subcontractor is allowed to withhold any disputed payments from the lower tiered subcontractor under these provisions. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 528, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6652.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (August 22).

  6. Joint Rule 62(a), file notice suspended. (Page 6330.)

  7. Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5277.).

  10. Read second time. Ordered to Consent Calendar.

  11. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 3).

  12. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 13). Re-referred to Com. on JUD.

  13. 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.

  14. Re-referred to Coms. on L. & I.R. and JUD.

  15. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. Ordered to second reading.

  19. From inactive file.

  20. Ordered to inactive file at the request of Senator McGuire.

  21. Read second time. Ordered to third reading.

  22. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  23. In committee: Hearing postponed by committee.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 28). Re-referred to Com. on APPR.

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

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

  27. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 27. Page 1846.)

  28. Read third time and amended. Ordered to third reading. (Page 1652.)

  29. Read second time. Ordered to third reading.

  30. From committee: Do pass. (Ayes 11. Noes 6.) (May 10).

  31. Coauthors revised.

  32. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on APPR.

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

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

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

  36. From printer. May be heard in committee March 21.

  37. Read first time. To print.

Sponsors

  • Thurmond · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Thurmond

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 1565 THURMOND Concurrence - Urgency Added

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Levine — Yea
Mathis — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Daly — Yea
Frazier — Not Voting
Gloria — Yea
Harper — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Kiley — Yea
Chávez — Yea
Cunningham — Yea
Maienschein — Yea
Mayes — Yea
Melendez — Yea
Voepel — Yea
Wood — Yea
Rubio — Yea
Salas — Yea
Friedman — Yea
Burke — Yea
Rivas — Yea
Fong — Yea
Gray — Yea
Holden — Yea
Kamlager-Dove — Yea
Low — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Consent Calendar (Urgency Clause)

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Lara — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Delgado — Yea
Fuller — Not Voting
Galgiani — Yea
Cannella — Not Voting
Chang — Yea
Glazer — Yea
Allen — Yea
De León — Yea
Hernandez — Yea
Dodd — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1565 THURMOND Assembly Third Reading

Passed 43 Yea · 27 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 312006
Democratic 12202
Republican 0502
Total 4327010
% of votes cast 54%34%0%13%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Santiago — Yea
Voepel — Nay
Wood — Yea
Eggman — Not Voting
Dababneh — Yea
Burke — Yea
Friedman — Yea
Gloria — Yea
Gomez — Yea
Bocanegra — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cunningham — Nay
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Salas — Nay
Gray — Nay
Rubio — Not Voting
Frazier — Not Voting
Harper — Nay
Kiley — Nay
Chau — Not Voting
Baker — Nay
Cooley — Nay
Cooper — Not Voting
Daly — Not Voting
Steinorth — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Democratic 4100
Republican 0100
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Nay
Eggman — Yea
Friedman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Nay
Bigelow — Nay
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1565 do?
Existing law requires, for all contracts entered into on or after January 1, 2018, a direct contractor, as defined, making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other work, to assume, and be liable for, specified debt owed to a wage claimant that is incurred by a subcontractor, at any tier, acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the original contract. Existing law authorizes the Labor Commissioner to bring an action under specified statutes or in a civil action to enforce this liability, and authorizes a 3rd party owed fringe or other benefits, or a joint labor-management cooperation committee, as defined, to bring a civil action to enforce the liability against a direct contractor under these provisions, as specified. Existing law provides that the obligations and remedies under these provisions are in addition to any obligations and remedies otherwise provided by law, except that the provisions are not to be construed to impose liability on a direct contractor for anything other than unpaid wages and fringe or other benefit payments or contributions, including interest owed. This bill would repeal the provisions that state that the obligations and remedies are in addition to existing obligations and remedies provided by law, except that the provisions are not to be construed to impose liability on a direct contractor for anything other than unpaid wages and fringe or other benefit payments or contributions including interest owed. The bill, for contracts entered into on or after January 1, 2019, would require a direct contractor or a subcontractor to include a specified provision in its contract that lists the specific documents or information that the direct contractor or subcontractor will require a lower tiered subcontractor to produce before the direct contractor or subcontractor is allowed to withhold any disputed payments from the lower tiered subcontractor under these provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1565?
AB 1565 is sponsored by Thurmond.
What is the current status of AB 1565?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1565?
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