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Assembly Bill 2133 (Mountjoy – 1982)

Chapter 386, Statutes of 1982 - AB 2133

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As enacted, Assembly Bill 2133 only amended Civil Code section 2782 to add subdivision (b).  (See Exhibit #le)  Assembly member Richard Mountjoy introduced this single-section bill on April 9, 1981 at the request of Mendel-Roberts, Inc. that represented the Associated General Contractors of California, and others.  (See Exhibits #1a; #4, document AP-1; and #8, document SP-4) 

Assembly Bill 2133 was heard by the Assembly and Senate Committees on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #7)  Three amendments were made to the bill during legislative consideration, one by the Assembly and two by the Senate.  (See Exhibits #1b through #1d and #2)  Following passage in both Houses of the Legislature, Assembly Bill 2133 was approved by Governor Edmund G. Brown, Jr., and was recorded by the Secretary of State as Chapter 386 of the Statutes of 1982.  (See Exhibits #le and #2) 

The Third Reading analysis prepared by the Senate Republican Caucus provides the following digest of Assembly Bill 2133 as it was last amended on February 18, 1982:

This bill provides that any provision in a construction contract purporting to impose on the contractor or relieve a public agency from liability for the active negligence of a public agency would be void and unenforceable.

(See Exhibit #11, page 1)