BILL NUMBER: SB 45	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        JANUARY 7, 2009

   An act to add Sections 1771.3 and 1771.44 to the Labor Code,
relating to public works.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 45, as introduced, Padilla. Public works: State Public Works
Enforcement Fund.
   Existing law generally requires the payment of the general
prevailing rate of per diem wages to workers employed on public works
projects.
   This bill would require the Director of Industrial Relations, with
the approval of the Director of Finance, to assess a fee, not to
exceed a specified rate, on all bonds issued by the state to fund
public works projects, to cover administrative expenses for the
enforcement of prevailing wage and apprenticeship requirements on
public works projects funded by the bonds.
   This bill would require all fees collected to be deposited into
the State Public Works Enforcement Fund, a special fund this bill
would create, and from which moneys would, upon appropriation by the
Legislature, be used by the department for those specified purposes.
   This bill would become operative on January 1, 2010.
   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.  Section 1771.3 is added to the Labor Code, to read:
   1771.3.  The State Public Works Enforcement Fund is hereby created
as a special fund in the State Treasury. Moneys in the fund shall,
upon appropriation by the Legislature, be used by the Department of
Industrial Relations for the purposes of administering and enforcing
the prevailing wage and apprenticeship requirements applicable to
public works pursuant to this chapter and Chapter 4 (commencing with
Section 3070) of Division 3, and may not be used or borrowed for any
other purpose.
  SEC. 2.  Section 1771.44 is added to the Labor Code, to read:
   1771.44.  (a) The Director of Industrial Relations, with the
approval of the Director of Finance, shall determine and assess a fee
on all bonds issued by the state to fund public works projects, in
an amount not to exceed one-quarter of 1 percent of the bond
proceeds. The fee shall be set to cover the expenses of the
Department of Industrial Relations for administering the prevailing
wage and apprenticeship requirements on public works projects using
those bond funds. All fees collected pursuant to this subdivision
shall be deposited in the State Public Works Enforcement Fund created
by Section 1771.3, and shall be used only for enforcement of
prevailing wage and apprenticeship requirements on projects using
bond funds.
   (b) The administration and enforcement of prevailing wages and
apprenticeship requirements is an administrative expense associated
with public works construction.
  SEC. 3.  This act shall become operative on January 1, 2010.