BILL NUMBER: AB 1506	CHAPTERED
	BILL TEXT

	CHAPTER  851
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 11, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2003
	PASSED THE SENATE  SEPTEMBER 10, 2003
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  MARCH 25, 2003

INTRODUCED BY   Assembly Member Negrete McLeod

                        FEBRUARY 21, 2003

   An act to add Section 1771.9 to the Labor Code, relating to public
works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1506, Negrete McLeod.  Public works:  projects funded by bonds:
prevailing wages.
   Existing law, with certain exceptions, requires payment to all
workers employed on a public works project of not less than the
prevailing wage for work of a similar character in the locality in
which a public works project is performed.  Existing law provides
that the body awarding any contract for public works projects falling
below certain cost thresholds may alternatively elect to initiate
and enforce a prescribed labor compliance program relative to payment
of prevailing wages and related matters.
   The Safe, Reliable High-Speed Passenger Train Bond Act for the
21st Century, if approved by the voters at the November 2, 2004,
statewide general election, would authorize, for the purposes of
financing the planning and construction of a high-speed train system
and associated rail improvements, the issuance of bonds in the amount
of $9,950,000,000.
   This bill would require the body awarding any contract for a
public works project financed with funds made available by the Safe,
Reliable High-Speed Passenger Train Bond Act for the 21st Century, if
that bond measure is approved by the voters, to adopt and enforce
that above-mentioned labor compliance program for application to the
public works project.
   This bill would also provide that the Department of Industrial
Relations' and the Labor and Workforce Development Agency's public
works services, as specified, provided to labor compliance programs,
interested parties, and awarding bodies associated with bond funding
projects, that are governed by the public works requirements, are to
be supported as costs of a state agency with responsibility for
administration of the bond program, or costs of construction, as
provided.


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


  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Payment of the prevailing rate of per diem wages to workers
employed on public works projects is necessary to attract the most
skilled workers for those projects and to ensure that work of the
highest quality is performed on those projects.
   (2) Public works projects should never undermine the wage base in
a community, and requiring that workers on public works projects are
paid the prevailing rate of per diem wages ensures that wage base is
not lowered.
   (3) It is a matter of statewide concern that every public agency
in California pay the prevailing rate of per diem wages to workers
employed on public works projects undertaken by those public
agencies.
   (b) Therefore, it is the intent of the Legislature, in enacting
Section 2 of this act, that every public agency in California pay the
prevailing rate of per diem wages to workers employed on public
works projects undertaken by that public agency.
  SEC. 2.  Section 1771.9 is added to the Labor Code, to read:
   1771.9.  (a) The body awarding any contract for a public works
project financed in any part with funds made available by the Safe,
Reliable High-Speed Passenger Train Bond Act for the 21st Century
(Chapter 20 (commencing with Section 2704) of Division 3 of the
Streets and Highways Code) shall adopt and enforce, or contract with
a third party to adopt and enforce, a labor compliance program
pursuant to subdivision (b) of Section 1771.5 for application to that
public works project.
   (b) This section shall become operative only if the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century (Chapter 20
(commencing with Section 2704) of Division 3 of the Streets and
Highways Code) is approved by the voters at the November 2, 2004,
statewide general election.
   (c) The Department of Industrial Relations' and the Labor and
Workforce Development Agency's public works services provided to
labor compliance programs, interested parties, and awarding bodies
associated with bond funding projects, that are governed by the
public works requirements of this chapter, are to be supported as
costs of a state agency with responsibility for administration of the
bond program, or costs of construction, under subdivisions (a) and
(d) of Section 16727 of the Government Code.  Public works services
under this chapter include all of the following:
   (1) Prevailing wage measurement and setting.
   (2) Wage petitions and special determinations.
   (3) Coverage advice and determinations training for and approval
of, labor compliance programs' establishment and enforcement notices
to withhold.
   (4) Civil wage and penalty assessments.
   (5) Hearings in response to contractor requests under subdivision
(b) of Section 1171.6, Section 1742, and Section 1777.7.