Bill Text: CA SB266 | 2013-2014 | Regular Session | Chaptered
Bill Title: Prevailing wages.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 916, Statutes of 2014. [SB266 Detail]
Download: California-2013-SB266-Chaptered.html
BILL NUMBER: SB 266 CHAPTERED
BILL TEXT
CHAPTER 916
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 28, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY JUNE 30, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 24, 2013
AMENDED IN SENATE APRIL 3, 2013
AMENDED IN SENATE MARCH 18, 2013
INTRODUCED BY Senator Lieu
FEBRUARY 13, 2013
An act to amend Section 1741.1 of the Labor Code, relating to
public works.
LEGISLATIVE COUNSEL'S DIGEST
SB 266, Lieu. Prevailing wages.
Existing law requires the Labor Commissioner to issue a civil wage
and penalty assessment to a contractor or subcontractor, or both,
if, after an investigation, the commissioner determines there has
been a violation of the law regulating public works projects,
including the payment of prevailing wages. Existing law tolls the
period for service of assessments for the period of time required by
the Director of Industrial Relations to determine whether a project
is a public work, as specified. Existing law, with respect to the
determination of whether a project is a public work, requires a
person filing a notice of completion of the project to also provide
notice to the Labor Commissioner, as specified, and requires the
awarding body or political subdivision accepting a public work to
provide to the Labor Commissioner notice of that acceptance, as
specified.
This bill instead would require the body awarding the contract for
a public work to furnish, within 10 days after receipt of a written
request from the Labor Commissioner, a copy of the valid notice of
completion for the public work or a document evidencing the awarding
body's acceptance of the public work on a particular date, whichever
occurs later, in accordance with specified provisions. The bill would
require the awarding body to notify the appropriate office of the
Labor Commissioner if, at the time of receipt of the Labor
Commissioner's written request, there has been no valid notice of
completion filed by the awarding body in the office of the county
recorder, and no document evidencing the awarding body's acceptance
of the public work on a particular date. If the awarding body fails
to timely furnish the Labor Commissioner with the applicable
document, the bill would require that the period for service of
assessments be tolled until the Labor Commissioner's actual receipt
of the applicable document. The bill would also include legislative
findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(1) The process for the Director of Industrial Relations to
determine the existence of a public work and to decide administrative
appeals from those determinations has created unacceptable delays
and prejudice to the enforcement of the public works law, often
resulting in the expiration of the statute of limitations for the
identification and collection of wage and penalty assessments. As a
result, wage theft has occurred because workers are not paid
prevailing wage rates and the time for assessment has expired.
(2) There has been an incentive to some developers, contractors,
and public bodies to engage in expensive and time-consuming
litigation in efforts to extend the time for determining the
existence of a public work. This litigation is often a needless
expense to the state.
(3) Public bodies, developers, contractors, and others are
entitled to a determination of whether a project is a public work as
early as possible so that the costs of the project and the duties of
the parties under the law may be known as early as possible.
(4) Therefore, this act is necessary to ensure the actual receipt
of proper wages, to reduce administrative and litigation costs to the
state and others, and to provide early guidance to all interested
parties.
SEC. 2. Section 1741.1 of the Labor Code is amended to read:
1741.1. (a) The period for service of assessments shall be tolled
for the period of time required by the Director of Industrial
Relations to determine whether a project is a public work, including
a determination on administrative appeal, if applicable, pursuant to
subdivisions (b) and (c) of Section 1773.5. The period for service of
assessments shall also be tolled for the period of time that a
contractor or subcontractor fails to provide in a timely manner
certified payroll records pursuant to a request from the Labor
Commissioner or a joint labor-management committee under Section
1776, or an approved labor compliance program under Section 1771.5 or
1771.7.
(b) (1) The body awarding the contract for public work shall
furnish, within 10 days after receipt of a written request from the
Labor Commissioner, a copy of the valid notice of completion for the
public work filed in the office of the county recorder, or a document
evidencing the awarding body's acceptance of the public work on a
particular date, whichever occurs later, by first-class mail
addressed to the office of the Labor Commissioner that is listed on
the written request. If, at the time of receipt of the Labor
Commissioner's written request, a valid notice of completion has not
been filed by the awarding body in the office of the county recorder
and there is no document evidencing the awarding body's acceptance of
the public work on a particular date, the awarding body shall so
notify the office of the Labor Commissioner that is listed on the
written request. Thereafter, the awarding body shall furnish copies
of the applicable document within 10 days after filing a valid notice
of completion with the county recorder's office, or within 10 days
of the awarding body's acceptance of the public work on a particular
date.
(2) If the awarding body fails to timely furnish the Labor
Commissioner with the documents identified in paragraph (1), the
period for service of assessments under Section 1741 shall be tolled
until the Labor Commissioner's actual receipt of the valid notice of
completion for the public work or a document evidencing the awarding
body's acceptance of the public work on a particular date.
(c) The tolling provisions in this section shall also apply to the
period of time for commencing an action brought by a joint
labor-management committee pursuant to Section 1771.2.
