BILL NUMBER: AB 569	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN ASSEMBLY  APRIL 27, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly  Member   Duvall
  Members   Emmerson   and Solorio

    (   Principal coauthor:   Senator 
 Correa   ) 

                        FEBRUARY 25, 2009

    An act to amend Section 512 of the Labor Code, relating
to employment.   An act to add Section 6612 to, and to
add and repeal Sections 10186 and 10187 of, the Public Contract Code,
relating to public contracts, and declaring the urgency thereof, to
take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 569, as amended,  Duvall   Emmerson 
.  Meal periods: exemptions.   Public
contracts: disabled veteran business enterprise: small business
enterprise. 
    Existing law prohibits, subject to certain exceptions, an
employer from requiring an employee to work more than 5 hours per
day without providing a meal period and, notwithstanding that
provision, authorizes the Industrial Welfare Commission to adopt a
working condition order permitting a meal period to commence after 6
hours of work if the order is consistent with the health and welfare
of affected employees.   Under existing law, state
agencies and all other state entities contracting for materials,
supplies, equipment, alteration, repair, or improvement are required
to meet specified participation goals for disabled veteran business
enterprises and small business enterprises. 
   This bill would  exempt from these provisions employees in
a construction occupation and commercial drivers in the
transportation industry who are covered by a valid collective
bargaining agreement containing specified terms, including meal
period provisions. It would specify that its provisions do not affect
the requirements for meal periods for employees or employers in
industries other than those described in the bill  
provide that, for any contract advertised by a state agency or
department on or before July 28, 2009, the state agency or department
shall award the contract to the lowest responsible bidder meeting or
making a good faith effort to meet existing disabled veteran
business enterprise goals. This bill would also, until January 1,
2015, authorize awarding departments, as defined, to solicit bids
solely from disabled veteran business enterprises and small business
enterprises where the construction contract is for $1,000,000 or
less. This bill would additionally require departments, until January
1, 2015, when awarding a public works contract to the lowest
responsible bidder, to consider the efforts of a bidder to meet the
disabled veteran business enterprise goals, subject to specified
documentation required of the  responding bidder.  .

   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  yes
  no .


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

   SECTION 1.    Section 6612 is added to the  
Public Contract Code   , to read:  
   6612.  For any contract advertised on or before July 28, 2009, the
state agency or department shall award the contract to the lowest
responsible bidder meeting or making a good faith effort to meet the
disabled veteran business enterprise goals established pursuant to
Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of
the Military and Veterans Code. 
   SEC. 2.    Section 10186 is added to the  
Public Contract Code   , to read:  
   10186.  (a) When soliciting bids for a construction contract
subject to this chapter of one million dollars ($1,000,000) or less,
the awarding department may, at its discretion, solicit bids solely
from disabled veteran business enterprises and small business
enterprises.
   (b) In the event no bids are received from disabled veteran
business enterprises or small business enterprises, the awarding
department may immediately solicit for bids for the contract
generally and award the contract to the lowest responsible bidder
without regard to standing as a disabled veteran business enterprise
or a small business enterprise.
   (c) For purposes of this section, "awarding department" means any
state agency, department, governmental entity, or other officer or
entity empowered by law to enter into contracts on behalf of the
State of California.
   (d) This section shall become inoperative on December 31, 2014,
and on January 1, 2015, is repealed. 
   SEC. 3.    Section 10187 is added to the  
Public Contract Code   , to read:  
   10187.  (a) In awarding a public works contract subject to this
chapter to the lowest responsible bidder, the awarding department
shall consider the efforts of a bidder to meet the disabled veteran
business enterprise goals established pursuant to Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code. The awarding department shall award the
contract to the lowest responsible bidder meeting or documenting
specific efforts to meet these goals.
   (b) A bidder shall be deemed to have met the specific effort
requirements upon submittal, within the time limits specified by the
awarding department, of documentary evidence that the following
actions were taken:
   (1) Contact was made with the awarding department and a search was
conducted on the Department of General Services', California
certified disabled veteran business enterprise database to identify
disabled veteran business enterprises specific to the contract.
   (2) Sufficient work was made available to disabled veteran
business enterprises to meet the contract goal.
   (3) Subcontract bids were solicited from disabled veteran business
enterprise firms. When soliciting subcontractor bids, the bidder
shall do the following:
   (A) Provide interested disabled veteran business enterprises with
information, including, but not limited to, identification of the
work available, the date the disabled veteran business enterprise's
bid was due to the bidder, the specified bonding and licensing
requirements, and the prime contractor's contact person.
   (B) Give disabled veteran business enterprises a reasonable time
to respond to a solicitation. A seven-calendar-day response time
shall be presumed to be reasonable.
   (C) Utilize various contact methods, including, but not limited
to, published advertising, by telephone, e-mail, fax, or United
States mail.
   (D) Provide the awarding department with all disabled veteran
business enterprise bids received. If a bid of a disabled veteran
business enterprise is rejected, provide the bid of the selected
nondisabled veteran business enterprise and the reasons for rejecting
the disabled veteran business enterprise bid.
   (c) For purposes of this section, "awarding department" means any
state agency, department, governmental entity, or other officer or
entity empowered by law to enter into contracts on behalf of the
State of California.
   (d) This section shall become inoperative on December 31, 2014,
and on January 1, 2015, is repealed. 
   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to eliminate confusion with regard to the bidding process
for state contracts as soon as possible, thus preserving the quality
of work provided and the health and safety of the citizens of
California, it is necessary that this act take effect immediately.
 
  SECTION 1.    Section 512 of the Labor Code is
amended to read:
   512.  (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
   (b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
   (c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
   (d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
   (e) Subdivisions (a) and (b) do not apply to an employee employed
in a construction occupation or to an employee employed as a
commercial driver in the transportation industry if both of the
following conditions are satisfied:
   (1) The employee is covered by a valid collective bargaining
agreement.
   (2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
   (f) The following definitions apply for the purposes of this
section:
   (1) "Commercial driver" means an employee who operates a vehicle
described in subdivision (b) of Section 15210 of the Vehicle Code.
   (2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
 
  SEC. 2.    Notwithstanding any other provision of
law, subdivision (e) of Section 512 of the Labor Code does not affect
the nature or scope of the law related to meal periods, including
the timing of commencement of a meal period, for employees or
employers not specifically covered by subdivision (e) of Section 512
of the Labor Code.