BILL NUMBER: AB 44	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Buchanan

                        DECEMBER 18, 2012

   An act to amend Section 4104 of the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 44, as amended, Buchanan. Subletting and Subcontracting Fair
Practices Act: bidding practices.
   The Subletting and Subcontracting Fair Practices Act requires the
entity taking bids for the construction of any public work or
improvement to specify that any person making a bid or offer to
perform the work shall, in his or her bid or offer, include specified
information, including the name and location of the place of
business of each subcontractor who will perform work or labor or
render service to the prime contractor in or about the work or
improvement.
   This bill would require  that  
specifications or conditions, under which bids will be received,
issued on and after July 1, 2014, by any officer, department, board,
or commission, for the construction of any public work or  
improvement to require any person making a bid or offer to perform
the work to set forth  the California contractor license number
of each subcontractor  be provided   who will
perform work or labor or render services to the prime contractor
  in his or her bid or offer  .
   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 4104 of the Public Contract Code is amended to
read:
   4104.   (a)    Any officer, department, board,
or commission taking bids for the construction of any public work or
improvement shall provide in the specifications prepared for the work
or improvement or in the general conditions under which bids will be
received for the doing of the work incident to the public work or
improvement that any person making a bid or offer to perform the
work, shall, in his or her bid or offer, set  forth:

    (a)     (1) 
   The   forth the  name
 ,   and  the location of the place of
business  , and the California contractor license number
 of each subcontractor who will perform work or labor or
render service to the prime contractor in or about the construction
of the work or improvement, or a subcontractor licensed by the State
of California who, under subcontract to the prime contractor,
specially fabricates and installs a portion of the work or
improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of 1 percent of
the prime contractor's total bid or, in the case of bids or offers
for the construction of streets or highways, including bridges, in
excess of one-half of 1 percent of the prime contractor's total bid
or ten thousand dollars ($10,000), whichever is greater.  He or
she shall also set forth the portion of the work that will be done by
each subcontractor.   The prime subcontractor shall list
only one subcontractor for each portion as is defined by the prime
contractor in his or her bid.  
   (b) Specifications or conditions, under which bids will be
received, issued on and after July 1, 2014, by any officer,
department, board, or commission, for the construction of any public
work or improvement shall require any person making a bid or offer to
perform the work to set forth the California contractor licence
number of each subcontractor who will perform work or labor or render
services to the prime contractor in or about the construction of the
work or improvement in his or her bid or offer.  
   (2) (A) 
    (c)     (1)  Subject to 
subparagraph (B),   paragraph (2),  any information
requested by the officer, department, board, or commission
concerning any subcontractor who the prime contractor is required to
list under this  subdivision,   section, 
other than the subcontractor's name, location of business, and
California contractor license number, may be submitted by the prime
contractor up to 24 hours after the deadline established by the
officer, department, board, or commission for receipt of bids by
prime contractors. 
   (B) 
    (2)  A state or local agency may implement 
subparagraph (A)   paragraph (1)  at its option.

   (b) The portion of the work that will be done by each
subcontractor under this act. The prime contractor shall list only
one subcontractor for each portion as is defined by the prime
contractor in his or her bid.