SENATE BILL 2753 (LOCKYER – 1990)
CHAPTER 1065, STATUTES OF 1990
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In 1990, Government Code section 53069.85 was amended following the enactment of Senate Bill 2753. (See Exhibit #1c) Senator Bill Lockyer introduced this bill on March 2, 1990 at the request of the San Francisco Bay Area Rapid Transit District (BART). (See Exhibits #1a and #11, document A-5) Support for the bill was received from the Association of California Water Agencies. (See Exhibit F, #6, document SFA-1) Senate Bill 2753 was a single-section bill that proposed only to amend section 53069.85. (See Exhibits #1a through #1c)
Senate Bill 2753 was assigned to the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit #3) Senate Bill 2753 was approved by the Senate and forwarded to the Assembly on May 17, 1990. (See Exhibit #2)
While in the Assembly, the Committee on Governmental Efficiency and Consumer Protection was scheduled to hear the policy issues of the measure. However the measure was withdrawn from that Committee and referred to the Judiciary Committee. (See Exhibit #2) Amendments were made to Senate Bill 2753 by the Assembly on June 12, 1990. (See Exhibits #1b and #2) The Assembly thereafter approved the bill and returned it to the Senate. (See Exhibit #2)
The Senate approved the Assembly amendment and forwarded Senate Bill 2753 to the Governor on September 10, 1990. Governor George Deukmejian signed the bill on September 18, 1990, and it was recorded by the Secretary of State on September 19, 1990 as Chapter 1065 of the Statutes of 1990. (See Exhibits #1c and #2)
Senate Bill 2753 was enacted as an urgency statute, and as such became effectively immediately. (See Exhibit #1c, pages 1 and 2 SEC. 2)
The analysis of the Assembly Committee on Judiciary provides the following digest of Senate Bill 2753 as it was last amended on June 12, 1990:
… This bill defines “public project” for purposes relating to the statutory authority to include liquidated damage provisions in public contracts of local public entities.
(See Exhibit #7, page 1)