Bill Text: CA AB1140 | 2013-2014 | Regular Session | Enrolled

California Assembly Bill 1140 (Prior Session Legislation)

Bill Title: Public works: prevailing wages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB1140 Detail]

Download: California-2013-AB1140-Enrolled.html

BILL NUMBER: AB 1140	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2013
	PASSED THE ASSEMBLY  MAY 30, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 22, 2013

   An act to amend Section 1773.6 of the Labor Code, relating to
public works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1140, Daly. Public works: prevailing wages.
   Existing law requires that, except as specified, not less than the
general prevailing rate of per diem wages, determined by the
Director of Industrial Relations, be paid to workers employed on
public works projects. Existing law requires the body awarding a
contract for a public work to obtain from the director the general
prevailing rate of per diem wages for work of a similar character in
the locality in which the public work is to be performed, and the
general prevailing rate of per diem wages for holiday and overtime
work, for each craft, classification, or type of worker needed to
execute the contract. Under existing law, if the director determines
during any quarterly period that there has been a change in any
prevailing rate of per diem wages in a locality, he or she is
required to make that change available to the awarding body and his
or her determination is final. Under existing law, that determination
does not apply to public works contracts for which the notice to
bidders has been published.
   This bill would instead state that if the director determines,
within a semiannual period, that there is a change in any prevailing
rate of per diem wages in a locality, that determination applies to
any public works contract that is awarded or for which notice to
bidders is published on or after January 1, 2014. The bill would
authorize any contractor, awarding body, or specified representative
affected by a change in rates on a particular contract to, within 20
days, file with the director a verified petition to review the
determination of that rate, as specified. The bill would require the
director to, upon notice to the interested parties, initiate an
investigation or hold a hearing, and, within 20 days after the filing
of that petition, except as specified, make a final determination
and transmit the determination in writing to the awarding body and to
the interested parties. The bill would make that determination
issued by the director effective 10 days after its issuance, and
until it is modified, rescinded, or superseded by the director.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1773.6 of the Labor Code is amended to read:
   1773.6.  (a) If during any semiannual period the Director of
Industrial Relations determines that there has been a change in any
prevailing rate of per diem wages in any locality, he or she shall
make that change available to the awarding body and his or her
determination shall be final, except as specified in this section.
This determination by the Director of Industrial Relations shall
apply on its effective date to any contract under this chapter that
is awarded or for which notice to bidders is published on or after
January 1, 2014.
   (b) (1) Any contractor, awarding body, or representative of any
craft, classification, or type of work affected by a change in rates
on a particular contract may, within 20 days after publication of the
new determination, file with the director a verified petition to
review the determination of that rate upon the ground that it has not
been determined in accordance with Section 1773. Within two days
thereafter, a copy of that petition shall be filed with the awarding
body. The petition shall set forth the facts upon which it is based.
   (2) The director, or his or her authorized representative, shall,
upon notice to the petitioner, the awarding body, and other persons
he or she deems proper, including the recognized collective
bargaining representatives for the particular crafts,
classifications, or types of work involved, initiate an investigation
or hold a hearing. Within 20 days after the filing of that petition,
or within a longer period as agreed upon by the director, awarding
body, and all interested parties, the director shall make a
determination and transmit that determination in writing to the
awarding body and to the interested parties. This determination shall
be final.
   (c) A determination issued by the director is effective 10 days
after its issuance. The director shall include an issue date on the
determination. The determination shall remain in effect until it is
modified, rescinded, or superseded by the director.