BILL NUMBER: AB 44	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Buchanan
    (   Principal coauthor:   Assembly Member
  Linder   ) 
    (   Coauthor:   Assembly Member  
Frazier   ) 

                        DECEMBER 18, 2012

   An act to amend  , repeal, and add  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 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 who will perform
work or labor or render services to the prime contractor in his or
her bid or offer.   would, commencing July 1, 2014,
require that the California contractor license number of each
subcontractor also be provided. 
   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.  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 name and the 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 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.
   (2) (A) Subject to subparagraph (B), any information requested by
the officer, department, board, or commission concerning any
subcontractor who the prime contractor is required to list under this
subdivision, other than the subcontractor's name and location of
business, 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) A state or local agency may implement subparagraph (A) 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. 
   (c) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed. 
   SEC. 2.    Section 4104 is added to the  
Public Contract Code   , to read:  
   4104.  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 name, 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.
   (2) (A) Subject to subparagraph (B), any information requested by
the officer, department, board, or commission concerning any
subcontractor who the prime contractor is required to list under this
subdivision, 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) A state or local agency may implement subparagraph (A) 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.
   (c) This section shall become operative on July 1, 2014. 

  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 the name and the 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 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.
   (c) (1) Subject to 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
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.
   (2) A state or local agency may implement paragraph (1) at its
option.