Bill Text: CA SB599 | 2015-2016 | Regular Session | Enrolled

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Bill Title: Employment: public transit service contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB599 Detail]

Download: California-2015-SB599-Enrolled.html

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BILL NUMBER: SB 599	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 1, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 27, 2015

   An act to amend Section 1071 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 599, Mendoza. Employment: public transit service contracts.
   Existing law requires a local government agency to give a 10%
preference to any bidder on a service contract to provide public
transit services who agrees to retain employees of the prior
contractor or subcontractor for a period of not less than 90 days, as
specified.
   This bill would expand these provisions to require a state agency
to also give a 10% preference to any bidder under these provisions.


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

  SECTION 1.  Section 1071 of the Labor Code is amended to read:
   1071.  The following definitions apply throughout this chapter:
   (a) "Awarding authority" means any state or local government
agency, including, but not limited to, any city, county, special
district, transit district, joint powers authority, or nonprofit
corporation that awards or otherwise enters into contracts for public
transit services performed within the state.
   (b) "Bidder" means any person who submits a bid to an awarding
agency for a public transit service contract or subcontract.
   (c) "Contractor" means any person who enters into a public transit
service contract with an awarding authority.
   (d) "Employee" means any person who works for a contractor or
subcontractor under a contract. "Employee" does not include an
executive, administrative, or professional employee exempt from the
payment of overtime compensation within the meaning of subdivision
(a) of Section 515 or any person who is not an "employee" as defined
under Section 2(3) of the federal National Labor Relations Act (29
U.S.C. Sec. 152(3)).
   (e) "Person" means any individual, proprietorship, partnership,
joint venture, corporation, limited liability company, trust,
association, or other entity that may employ individuals or enter
into contracts.
   (f) "Public transit services" means the provision of passenger
transportation services to the general public, including paratransit
service.
   (g) "Service contract" means any contract the principal purpose of
which is to provide public transit services through the use of
service employees.
   (h) "Subcontractor" means any person who is not an employee who
enters into a contract with a contractor to assist the contractor in
performing a service contract.