BILL NUMBER: AB 2369	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN ASSEMBLY  MARCH 28, 2008

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 21, 2008

   An act to amend Section 3072 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2369, Fuentes. Apprenticeship programs: prevailing wage
enforcement.
   Under existing law, the Director of Industrial Relations is the
Administrator of Apprenticeship and is authorized to appoint
assistants necessary to effectuate the purposes of state law
governing apprenticeships.
   Existing law requires, with certain exceptions, that all workers
employed on public works 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 public work is performed and establishes
prevailing wage requirements with regard to holiday and overtime
work. Existing law requires that every apprentice employed upon
public works projects be paid the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered and
further requires that employers who employ apprentices on public
works projects comply with other specified provisions.
   Existing law exempts certain public works projects from the
prevailing wage requirements applicable to workers if the awarding
body contracting for public work initiates and enforces a labor
compliance program that meets specific statutory and regulatory
requirements and ensures compliance with prevailing rate wage laws.
Existing law requires that all labor compliance programs obtain the
approval of the director.
   This bill would provide that an awarding body of a city with a
population of over 3,000,000 which implements an approved labor
compliance program may, upon mutual agreement of the Chief of the
Division of Apprenticeship Standards and the awarding body, assist
the director in the enforcement of prevailing rate wage laws and
other requirements that apply to apprenticeships in public works
projects through the operation of that approved labor compliance
program. This bill would allow a contractor to appeal the result of a
labor compliance program enforcement action related to
apprenticeships in public works projects through specified
procedures. This bill would provide that, if the involvement of the
Chief of the Division of Apprenticeship Standards in a labor
compliance program enforcement action is limited to a review of any
assessment and the matter is resolved without litigation, the
awarding body that has implemented the labor compliance program shall
enforce any applicable penalties and shall deposit any penalties and
forfeitures collected in its general fund.

   AB 2369, Fuentes. Apprenticeship programs: prevailing wage
enforcement.
   Under existing law, the Director of Industrial Relations is the
Administrator of Apprenticeship and is authorized to appoint
assistants necessary to effectuate the purposes of state law
governing apprenticeships.
   Existing law requires, with certain exceptions, that all workers
employed on public works 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 public work is performed and establishes
prevailing wage requirements with regard to holiday and overtime
work. Existing law requires that every apprentice employed upon
public works projects be paid the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered and
further requires that employers who employ apprentices on public
works projects comply with other specified provisions.
   Existing law exempts certain public works projects from the
prevailing wage requirements applicable to workers if the awarding
body contracting for public work initiates and enforces a labor
compliance program that meets specific statutory and regulatory
requirements and ensures compliance with prevailing rate wage laws.
Existing law requires that all labor compliance programs obtain the
approval of the director.
   This bill would provide that an awarding body of a city with a
population of over 3,000,000 which implements an approved labor
compliance program may, upon mutual agreement of the Chief of the
Division of Apprenticeship Standards and the awarding body, assist
the director in the enforcement of prevailing rate wage laws and
other requirements that apply to apprenticeships in public works
projects through the operation of that approved labor compliance
program. This bill would allow a contractor to appeal the result of a
labor compliance program enforcement action related to
apprenticeships in public works projects through specified
procedures. This bill would provide that, if the involvement of the
Chief of the Division of Apprenticeship Standards in a labor
compliance program enforcement action is limited to a review of any
assessment and the matter is resolved without litigation, the
awarding body that has implemented the labor compliance program shall
enforce any applicable penalties and shall deposit any penalties and
forfeitures collected in its general fund.


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

  SECTION 1.  Section 3072 of the Labor Code is amended to read:
   3072.  (a) The Director of Industrial Relations is ex officio the
Administrator of Apprenticeship and is authorized to appoint such
assistants as shall be necessary to effectuate the purposes of this
chapter.
   (b) An awarding body, as defined in Section 1722, of a city with a
population of over 3,000,000 which implements an approved labor
compliance program pursuant to subdivision (b) of Section 1771.5 may,
upon mutual agreement of the Chief of the Division of Apprenticeship
Standards and the awarding body, assist the director in the
enforcement of Sections 1777.5 and 1777.6 through the operation of
that approved labor compliance program.
   (c) A contractor may appeal the result of a labor compliance
program enforcement action related to Section 1777.5 or 1777.6
through the procedures described in Section 1742.
   (d) If the involvement of the Chief of the Division of
Apprenticeship Standards in a labor compliance program enforcement
action is limited to a review of any assessment and the matter is
resolved without litigation by or against the chief, the awarding
body that has implemented the labor compliance program shall enforce
any applicable penalties, as specified in Section 1777.7, and shall
deposit any penalties and forfeitures collected in its general fund.


  SECTION 1.  Section 3072 of the Labor Code is amended to read:
   3072.  (a) The Director of Industrial Relations is ex officio the
Administrator of Apprenticeship and is authorized to appoint such
assistants as shall be necessary to effectuate the purposes of this
chapter.
   (b) An awarding body, as defined in Section 1722, of a city with a
population of over 3,000,000 which implements an approved labor
compliance program pursuant to subdivision (b) of Section 1771.5 may,
upon mutual agreement of the Chief of the Division of Apprenticeship
Standards and the awarding body, assist the director in the
enforcement of Sections 1777.5 and 1777.6 through the operation of
that approved labor compliance program.
   (c) A contractor may appeal the result of a labor compliance
program enforcement action related to Section 1777.5 or 1777.6
through the procedures described in Section 1742.
   (d) If the involvement of the Chief of the Division of
Apprenticeship Standards in a labor compliance program enforcement
action is limited to a review of any assessment and the matter is
resolved without litigation by or against the chief, the awarding
body that has implemented the labor compliance program shall enforce
any applicable penalties, as specified in Section 1777.7, and shall
deposit any penalties and forfeitures collected in its general fund.