BILL NUMBER: AB 852	CHAPTERED
	BILL TEXT

	CHAPTER  343
	FILED WITH SECRETARY OF STATE  SEPTEMBER 8, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 8, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 21, 2003
	AMENDED IN SENATE  JULY 8, 2003
	AMENDED IN SENATE  JUNE 18, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 20, 2003

   An act to add Section 1773.11 to the Labor Code, relating to
prevailing wages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 852, Lieber.  Prevailing rate of per diem wages:
determinations.
   Existing law generally requires the payment of the prevailing rate
of per diem wages and the prevailing rate for holiday and overtime
work to employees employed on public works projects that cost more
than $1,000.  Existing law requires the Director of Industrial
Relations to determine these wage rates and to provide these wage
rates to an awarding body, as defined, that requests them.
   This bill would require the director, upon a request by the state
or a political subdivision of the state, to determine and provide
these wage rates to the state or a political subdivision that agrees
by contract with a private entity that that private entity's
employees, in performing the contract, receive the general prevailing
rate of per diem wages and the general prevailing rate for holiday
and overtime work.  This bill would require the director to respond
to these requests in the order in which the requests were received,
as specified.  This bill would require the director to respond only
to the first 20 requests if more than 20 requests are pending in a
calendar year.  This bill would require the director to respond to
additional requests in a calendar year only if the director
determines that funding is available to provide these responses.


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


  SECTION 1.  Section 1773.11 is added to the Labor Code, to read:
   1773.11.  (a) Notwithstanding any other provision of law and
except as otherwise provided by this section, if the state or a
political subdivision thereof agrees by contract with a private
entity that the private entity's employees receive, in performing
that contract, the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime work, the director
shall, upon a request by the state or the political subdivision, do
both of the following:
   (1) Determine, as otherwise provided by law, the wage rates for
each craft, classification, or type of worker that are needed to
execute the contract.
   (2) Provide these wage rates to the state or political subdivision
that requests them.
   (b) This section does not apply to a contract for a public work,
as defined in this chapter.
   (c) The director shall determine and provide the wage rates
described in this section in the order in which the requests for
these wage rates were received and regardless of the calendar year in
which they were received.  If there are more than 20 pending
requests in a calendar year, the director shall respond only to the
first 20 requests in the order in which they were received.  If the
director determines that funding is available in any calendar year to
determine and provide these wage rates in response to more than 20
requests, the director shall respond to these requests in a manner
consistent with this subdivision.