BILL NUMBER: AB 807	CHAPTERED
	BILL TEXT

	CHAPTER  839
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 11, 2003
	PASSED THE SENATE  AUGUST 27, 2003
	PASSED THE ASSEMBLY  MAY 22, 2003
	AMENDED IN ASSEMBLY  APRIL 30, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 20, 2003

   An act to amend Section 1773.1 of the Labor Code, relating to
public works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 807, Leno.  Public works:  prevailing wage.
   Existing law provides that per diem wages shall be deemed to
include employer payments for health and welfare, pension, vacation,
travel, and subsistence pay, apprenticeship or other training
programs, and similar purposes, and specifies the employer
contributions, costs, and payments that employer payments may
include.  That law prohibits credit from being granted for benefits
required to be provided by other state or federal law, and provides
that credits for employer payments may not reduce the obligation to
pay the hourly straight time or overtime wages found to be
prevailing.
   This bill would provide that an employer may take a credit for
employer payments even if contributions are not made or costs are not
paid, as specified, if certain conditions are met.


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


  SECTION 1.  Section 1773.1 of the Labor Code is amended to read:
   1773.1.  (a) Per diem wages shall be deemed to include employer
payments for health and welfare, pension, vacation, travel,
subsistence, and apprenticeship or other training programs authorized
by Section 3093, so long as the cost of training is reasonably
related to the amount of the contributions, and similar purposes,
when the term "per diem wages" is used in this chapter or in any
other statute applicable to public works.
   (b) Employer payments include all of the following:
   (1) The rate of contribution irrevocably made by the employer to a
trustee or third person pursuant to a plan, fund, or program.
   (2) The rate of actual costs to the employer reasonably
anticipated in providing benefits to workers pursuant to an
enforceable commitment to carry out a financially responsible plan or
program communicated in writing to the workers affected.
   (3) Payments to the California Apprenticeship Council pursuant to
Section 1777.5.
   (c) Employer payments are a credit against the obligation to pay
the general prevailing rate of per diem wages.
   (1) No credit shall be granted for benefits required to be
provided by other state or federal law.
   (2) Credits for employer payments also shall not reduce the
obligation to pay the hourly straight time or overtime wages found to
be prevailing.
   (d) An employer may take a credit for employer payments specified
in subdivision (b) even if contributions are not made, or costs are
not paid, during the same pay period for which credits are taken, so
long as the employer regularly makes the contributions, or regularly
pays the costs, for the plan, fund, or program on no less than a
quarterly basis.
   (e) The credit for employer payments shall be computed on an
annualized basis where the employer seeks credit for employer
payments that are higher for public works projects than for private
construction performed by the same employer, except where one or more
of the following occur:
   (1) The employer has an enforceable obligation to make the higher
rate of payments on future private construction performed by the
employer.
   (2) The higher rate of payments is required by a project labor
agreement.
   (3) The payments are made to the California Apprenticeship Council
pursuant to Section 1777.5.
   (4) The director determines that annualization would not serve the
purposes of this chapter.
   (f) For the purpose of determining those per diem wages for
contracts, the representative of any craft, classification, or type
of worker needed to execute contracts shall file with the Department
of Industrial Relations fully executed copies of the collective
bargaining agreements for the particular craft, classification, or
type of work involved.
   (1) The collective bargaining agreements shall be filed after
their execution and thereafter may be taken into consideration
pursuant to Section 1773 whenever filed 30 days prior to the call for
bids.  If the collective bargaining agreement has not been
formalized, a typescript of the final draft may be filed temporarily,
accompanied by a statement under penalty of perjury as to its
effective date.
   (2) Where a copy of the collective bargaining agreement has
previously been filed, fully executed copies of all modifications and
extensions of the agreement that affect per diem wages or holidays
shall be filed.
   (3) The failure to comply with filing requirements of this
subdivision shall not be grounds for setting aside a prevailing wage
determination if the information taken into consideration is correct.