BILL NUMBER: AB 2084	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2008

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 19, 2008

    An act to add Section 1720.5 to the Labor Code, relating
to public works.   An act to add Part 8.8 (commencing
with Section 2250) to Division 2 of the Labor Code, relating to
prevailing wages. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2084, as amended, Ma.  Public works: theatrical
  Theatrical  and technical services:  state
 prevailing wages.
   Existing law requires contractors and subcontractors performing
work on public works, as defined, that cost more than $1,000 to pay
workers performing work on the project not less than the general
prevailing rate of per diem wages, as specified, and not less than
the general prevailing rate of per diem wages for holiday and
overtime work, as provided.
   This bill would  modify the definition of "public works"
to include   provide that  theatrical and technical
services, as defined, performed by workers in connection with the
presentation of a show, as defined, on property owned by the state
 , that costs more than $1,000, will be compensated at not less
than   the general prevailing rate of per diem wages, and
not less than the general prevailing rate of per diem wages for
holiday and overtime work  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Part 8.8 (commencing with Section 2250)
is added to Division 2 of the   Labor Code   , to
read:  

      PART 8.8.  Theatrical and Technical Services


   2250.  (a) Workers performing services related to the presentation
of a show on property owned by the state performed under contract
between the state and a person for the use of that property shall be
paid not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the show is
performed, and not less than the general prevailing rate of per diem
wages for holiday and overtime work.
   (b) This part shall not apply to services related to the
presentation of a show where the expenditure for those services is
one thousand dollars ($1,000) or less.
   2251.  (a) The provisions of Article 2 (commencing with Section
1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code, other
than the provisions of Sections 1771 and 1771.5, shall apply to the
services described in Section 2250, but each reference to a public
work or a public work project shall be deemed a reference to the
presentation of a show on property owned by the state performed under
contract between the state and a person for the use of that
property.
   (b) For purposes of this part, all of the following definitions
apply.
   (1) "Contract" includes a contract, lease, franchise, permit, or
agreement awarded, let, issued, or granted by the state for the use
of property owned by the state.
   (2) "Locality in which the show is performed" means the county in
which the show is performed.
   (3) "Person" means an individual, a proprietorship, a partnership,
a joint venture, a corporation, a limited liability company, a
trust, an association, or any other entity that may employ
individuals or enter into contracts, or any combination thereof.
   (4) "Services related to the presentation of a show" means
theatrical or technical services, including, but not limited to,
rigging, sound, projection, theatrical lighting, videos, computers,
draping, carpentry, special effects, and motion picture services.
   (5) "Show" means any live act, play, review, pantomime, scene,
music, song, dance act, song and dance act, or poetry recitation
provided in front of a live audience or recorded for the purpose of
later presentation, but shall not include an event where a person
solely plays prerecorded music or prerecorded performances so long as
no other live performance is provided.  
  SECTION 1.    Section 1720.5 is added to the Labor
Code, to read:
   1720.5.  (a) For the limited purposes of Article 2 (commencing
with Section 1770) of this chapter, "public works" also means
services related to the presentation of a show on property owned by
the state performed under contract between the state and a person for
the use of that property.
   (b) For purposes of this section, all of the following definitions
apply.
   (1) "Services related to the presentation of a show" means
theatrical or technical services, including, but not limited to,
rigging, sound, projection, theatrical lighting, videos, computers,
draping, carpentry, special effects, and motion picture services.
   (2) "Show" means any live act, play, review, pantomime, scene,
music, song, dance act, song and dance act, or poetry recitation
provided in front of a live audience or recorded for the purpose of
later presentation, but shall not include an event where a person
solely plays prerecorded music or prerecorded performances so long as
no other live performance is provided.
   (3) "Person" means an individual, a proprietorship, a partnership,
a joint venture, a corporation, a limited liability company, a
trust, an association, or any other entity that may employ
individuals or enter into contracts, or any combination thereof.
   (4) "Contract" includes a contract, lease, franchise, permit or
agreement awarded, let, issued, or granted by the state for the use
of property owned by the state.
   (c) For purposes of this section, subdivision (a) of Section
1771.5 shall not apply.